SmallEstateMap.us
HomeBy stateFlorida
FL · Circuit Court — Probate Division

Florida

Small-estate-affidavit threshold and procedure under § Fla. Stat. § 735.201.

Verified 2026-05-04
Aggregate (personal + real)
$75,000
statutory cap
No mandatory wait

Excludes homestead and exempt personal property under § 732.402. Alternative: no $ limit if decedent has been deceased >2 years.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Florida's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Excludes homestead and exempt personal property under § 732.402. Alternative: no $ limit if decedent has been deceased >2 years.

Real property
Eligible — included in calculation

Homestead can pass via summary administration; real property generally requires court order under § 735.206.

03

Where to file

File with the Circuit Court — Probate Division in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Florida judicial system operates an authoritative court locator.

Find your county’s Circuit Court — Probate Division via the Florida judicial council website. Search for “Florida Circuit Court — Probate Division county locator” or visit the state government court directory.

04

Form & statute

Form
  • Petition for Summary Administration
    Each circuit has its own template (e.g., 12th Circuit Form 5.530).
Statute