Attorney-Approved Small Estate Affidavit Template for Florida
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In Florida, the Small Estate Affidavit form serves as a valuable tool for individuals navigating the process of settling a deceased loved one’s estate without the need for a formal probate proceeding. This form is designed for estates that do not exceed a specific value, making it a more accessible option for families during a challenging time. By utilizing the Small Estate Affidavit, heirs can claim the deceased's assets, such as bank accounts, real estate, and personal property, without the lengthy and often costly probate process. To qualify, certain criteria must be met, including the value of the estate and the absence of a will. The form requires the signature of the affiant, who must affirm their relationship to the deceased and provide necessary details about the estate. Understanding the requirements and implications of this affidavit can help streamline the transfer of assets and provide peace of mind to those left behind.
Form Example
Florida Small Estate Affidavit
This Florida Small Estate Affidavit is made pursuant to the Florida Probate Code, specifically under the Florida Disposition of Personal Property Without Administration laws. It is designed for use by successors of a deceased individual, known as the decedent, whose estate qualifies as a 'small estate' under state law. This affidavit allows for the collection of the decedent's personal property by the successors without formal administration.
Instructions
- Complete all fields accurately and truthfully.
- Ensure the decedent's estate does not exceed the value limit defined for small estates under Florida law.
- Attach a certified copy of the decedent's death certificate.
- If applicable, provide documentation proving the right of succession.
- Notarize this affidavit before submitting it to the holder of the property.
Affidavit
State of Florida
County of _______________
I, _______________, residing at _______________, being duly sworn, declare that:
- The decedent, _______________, whose address was _______________, died on _______________, as evidenced by the attached death certificate.
- The value of the entire estate subject to Florida law, excluding the value of exempt property, does not exceed the amount prescribed by Florida law for small estates.
- No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
- All funeral expenses, expenses of the last illness, and unsecured debts of the decedent have been paid, or satisfactory provision has been made for them.
- I am entitled to payment or delivery of the property described as follows: _______________.
Under penalty of perjury, I affirm that the statements made in this affidavit are true and correct to the best of my knowledge.
Executed this ______ day of _______________, 20__.
Signature: ________________________________________
Print Name: _______________
State of Florida
County of _______________
Subscribed and sworn to (or affirmed) before me this ______ day of _______________, 20__, by _______________, who is personally known to me or has produced ____________________ as identification.
Notary Public: ____________________________________
Print Name: _______________
My commission expires: _______________
Form Specifications
| Fact Name | Description |
|---|---|
| Purpose | The Florida Small Estate Affidavit allows heirs to claim assets of a deceased person without going through formal probate, provided the estate meets certain criteria. |
| Governing Law | The use of the Small Estate Affidavit is governed by Florida Statutes, specifically Section 735.201. |
| Eligibility Criteria | To qualify, the total value of the estate must not exceed $75,000, excluding exempt property. |
| Timeframe for Use | The affidavit can be used if at least 30 days have passed since the decedent's death. |
| Required Information | The affidavit must include the decedent's details, the names and addresses of heirs, and a description of the assets. |
| Signature Requirement | The affidavit must be signed by the heirs and notarized to validate the claims made within it. |
| Exempt Property | Certain assets, such as homestead property and life insurance proceeds, may not count toward the $75,000 limit. |
| Submission | Heirs can present the affidavit to financial institutions or other entities holding the decedent's assets to claim them directly. |
Some Other Florida Forms
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Non-disclosure - A mutual agreement enforcing the non-disclosure of sensitive information to third parties.
Free Florida Affidavit Template - It offers a straightforward solution for authentication, serving as evidence that the will was signed under the testator's free will.