By Steven C. Fraser, Esq. | FL Bar No. 625825 | DC Bar No. 460026
Not every estate needs a probate case. Florida Probate Rule 5.425, which implements section 735.304, Florida Statutes, lets the heirs of a decedent who died without a will distribute a small amount of personal property by affidavit, with no administration at all. The Supreme Court's 2026 amendment raised the dollar limit from $10,000 to $20,000, as I described in the post on the Chapter 2026-57 rule amendments. This post is the working guide to the rule as it now reads.
Who qualifies
Under Rule 5.425(a), no administration is required, and no formal proceedings may be instituted, for the estate of a decedent who meets all four conditions:
- died intestate;
- leaves only personal property that is exempt under section 732.402, personal property exempt from the claims of creditors under the Florida Constitution, and non-exempt personal property worth no more than $20,000, plus the amount of preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness;
- has been deceased for more than 1 year; and
- has no administration of the estate pending in Florida.
Section 735.304(1), as I verified it against the current statute, carries the same $20,000 limit, the same expense additions, the same one-year waiting period, and the same no-pending-administration condition.
What the affidavit must say
Any heir at law entitled to a share under section 732.102 or 732.103 may request distribution by affidavit. It must be signed and verified by the surviving spouse, if any, and by every heir at law, except that an heir who will receive a full intestate share under the proposed distribution does not have to join. Under Rule 5.425(b), the affidavit must contain:
- a statement that the decedent died intestate and that, after reasonable diligence, the signer is unaware of any unrevoked will or codicil;
- a statement that the decedent has been deceased for more than 1 year;
- the eligibility statement: only exempt property and non-exempt personal property not exceeding $20,000;
- a description of all assets and their values, and the amount of funeral and last-illness expenses claimed;
- a statement that no administration is pending in Florida;
- each signer's relationship to the decedent, name, and address;
- the decedent's name, last known address, last 4 digits of the Social Security number, date and place of death, and state and county of domicile;
- the surviving spouse and heirs, so far as known, with the year of birth of any who are minors;
- a creditor statement, either that all claims are barred or that a diligent search and reasonable inquiry has been made, with either a statement that the estate is not indebted or a list of each creditor, the debt, and how it will be paid; and
- a schedule of proposed distribution of all the intestate personal property.
Service
The affidavit must be served in the manner of formal notice on all heirs at law who have not joined, on all known or reasonably ascertainable creditors, and, if the decedent was over 55 at death, on the Agency for Health Care Administration.
The court's order
Under Rule 5.425(d), if the court determines that section 735.304(1) applies and the affidavit meets the requirements of section 735.304(2), the court must authorize the transfer by a letter or other writing under the seal of the court. The statute's own wording at this step is that the court "may authorize" the payment or transfer, so read the rule and the statute together when you draft the proposed order.
The committee note that matters most
Section 732.402 requires persons entitled to exempt property to file a timely petition to determine it. The committee note therefore warns that disposition under this rule should not be granted if the decedent's property includes exempt property, unless all persons entitled to it agree to the disposition. That is the practical trap: a small estate with a surviving spouse or minor children may have exempt property claimants whose consent has to be accounted for.
What to check before using it
- Update the figure. Any affidavit form that still says $10,000 is out of date, both in the eligibility statement and in the affidavit paragraph.
- Count the year. The decedent must have been deceased for more than a year, so the date of death controls whether the route is open at all.
- Search for creditors and record it. The creditor statement is not boilerplate. It requires a diligent search and inquiry, and the proposed distribution has to provide for creditors or carry their consent.
- Do not skip the AHCA notice when the decedent was over 55.
Why this is worth an article
A $20,000 limit covers more of the ordinary estates that families face: a vehicle, a modest bank account, a refund, personal belongings. The rule is the shortest route Florida offers, but it is a strict one, and it works only for an intestate decedent who has been gone more than a year with nothing pending. Families that qualify should not be pushed into a full administration, and families that do not qualify should not be told to try.
Sources: Florida Probate Rules (The Florida Bar), October 1, 2026 edition, Rule 5.425 and committee notes; Section 735.304, Florida Statutes (2026); In re Amendments to Florida Probate Rules, 2026 Legislation, No. SC2026-0690 (Fla. July 16, 2026) (corrected opinion issued Aug. 7, 2026).
Steven C. Fraser is admitted in the District of Columbia (1998) and Florida (2003) and practices in bankruptcy, tax controversy, consumer protection, probate, and related litigation. This article summarizes a published court rule and statute. It is not legal advice, and it is not an opinion on any particular estate.