Small Estate Affidavits: Where to find them?

The short answer is that you can’t.  They don’t really exist.

You may have heard a bank or some other financial institution ask you for a small estate affidavit if you don’t want to go through probate.

Unfortunately, small estate affidavits are mythical – we don’t have such an instrument that works for estates in Florida.

You have three options:

  1. Disposition of Personal Property without Administration
  2. Summary Administration
  3. Formal Administration

Item #1 is rarely used and is not an actual type of probate.

Items #2 and #3 are actual forms of probate under Florida law.

Care to learn more about your options? Contact us for a free phone consultation.

Letters of Administration – Do you really need them?!


I can’t say this enough: There are many situations where you do not need letters of administration. Many. Yes, the bank or customer service agent you are talking to says you do…but they are just reading from a policy manual or a list of predefined answers. They are not probate lawyers. They aren’t always right….

How long does probate take in Florida?


One of the last few questions I always address at the end of a probate consultation is: “How long does probate take?” Generally: Summary administration typically takes a few weeks from the date of filing to get orders distributing the assets. Anyone who promises anything sooner is being less than forthcoming. (Explained further below.) Formal…

Do I have to Probate the Homestead Property?

homestead property florida probate

We  have been answering this question repeatedly over the last couple of months. If a homestead property is not a probate asset, why does it have to go through probate? Great question. If mom’s house was truly her homestead over the last few decades, you wouldn’t be wrong to assume that it was considered her…

Cost (expenses) associated with Florida probate administration

There seems to be more confusion these days regarding the costs (expenses) associated with a probate administration in Florida. Let me try to clear things up: Attorneys fees are determined by whatever agreement you have made with your attorney. These fees are compensation for the attorneys and law firm staff who are working on your…

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