The Short Answer

Because you selected Florida, the “small estate” options are governed by Florida probate law—not North Carolina’s procedures. In Florida, estates under certain limits may qualify for summary administration (a shorter court process) or, in very limited situations, disposition without administration (a court authorization letter to release specific personal property).

What Florida Law Says

Florida does not use a single “small estate affidavit” for every estate under a dollar amount. Instead, Florida has different streamlined paths depending on what assets exist, whether there is a will, how long ago the person died, and whether creditor issues are likely. The two most common “small estate” routes are (1) summary administration and (2) disposition without administration, each with different eligibility rules and creditor-risk consequences.

For additional background, you may also want to read: Small Estate vs. Full Probate in Florida and Florida’s Small Estate Probate Options (and how they compare).

The Statute

The primary law governing Florida’s small-estate summary process is Fla. Stat. § 735.201.

This statute establishes that summary administration may be used when the estate subject to administration in Florida (excluding exempt property) is $75,000 or less, or when the decedent has been dead for more than 2 years.

In some limited cases, Florida also allows disposition without administration for certain personal property. See Fla. Stat. § 735.301, which generally applies when the decedent left only exempt property and limited nonexempt personal property not exceeding specific funeral and last-illness expense amounts.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them correctly is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida’s “2-year since death” rule can change creditor exposure and whether summary administration is available under Fla. Stat. § 735.201.
• Burden of Proof: Even in streamlined cases, the court typically expects reliable proof of asset values, who is entitled to inherit, and whether creditors must be addressed (and mistakes can delay or derail transfers).
• Exceptions: Whether property is “exempt,” whether there is a will, whether there are minors, disputes among heirs, or potential creditor/Medicaid issues can push a case out of the “simple” category and into formal administration.

Trying to handle this alone can lead to rejected filings, family conflict, or personal liability if creditors are not handled correctly. A Florida probate attorney can quickly identify the right procedure and reduce the risk of an avoidable problem.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.