Small Estate Affidavit in Miami-Dade County (Disposition Without Administration)

Reviewed by Albert Goodwin, Esq. — Florida Bar member and probate attorney serving Miami-Dade County. Last reviewed: June 2024.

Families searching for a “small estate affidavit in Miami” are usually looking for the cheapest, fastest way to close a loved one’s estate. It’s worth stating clearly up front: Florida does not have a true “small estate affidavit” like Texas, California, or many other states. Florida’s closest equivalent is disposition of personal property without administration under Florida law, specifically Fla. Stat. § 735.301. This page explains exactly how that procedure works in the Probate Division of the Eleventh Judicial Circuit in and for Miami-Dade County, whether your family’s situation qualifies, and what to do if it does not.

At the Law Offices of Albert Goodwin, PA, our Coral Gables office regularly evaluates whether an estate can avoid formal probate entirely. Below we share the eligibility rules, the actual Miami-Dade filing process, a decision table comparing your options, and real-world scenarios so you can gauge where your situation likely falls before you ever pick up the phone.

Which Florida Procedure Fits Your Situation?

Miami-Dade families generally have three probate paths. Choosing the wrong one wastes weeks and filing fees. This comparison table is the fastest way to orient yourself:

If your estate does not fit column one, review our pages on summary administration and letters of administration, which explain the formal alternatives in depth.

What Disposition Without Administration Actually Is

Under Fla. Stat. § 735.301, a court can authorize payment of the decedent’s final expenses and release of remaining assets to the persons entitled to them without appointing a personal representative and without opening formal probate. It is the simplest, cheapest, and fastest mechanism in Florida probate practice — but it applies only to a very narrow band of genuinely tiny estates.

This is different from settling assets outside probate entirely. If your loved one used beneficiary designations, joint accounts, or a lady bird deed, those assets may pass directly and no court filing is needed at all. See avoiding probate for those non-court transfer methods. Disposition without administration is specifically for when there is a modest pool of probate assets that needs a court order to release.

Eligibility Requirements Under § 735.301

An estate qualifies only if both of the following are true:

• The estate consists solely of exempt personal property and non-exempt personal property — with no non-homestead real property; and
• The value of the non-exempt personal property does not exceed the sum of:
  • Preferred funeral expenses (reasonable funeral, interment, and grave marker costs), plus
  • Reasonable and necessary medical and hospital expenses from the last 60 days of the decedent’s final illness.

In plain terms: the only non-exempt money left over must be roughly equal to or less than what was spent burying the decedent and treating their final illness. If Grandma left $8,000 in a checking account but the funeral cost $9,500 and her last hospital bills were $4,000, the non-exempt property is fully consumed by those preferred expenses — and she likely qualifies.

What Counts as Exempt Property

Exempt property is not counted toward the threshold. Under Fla. Stat. § 732.402, exempt property includes:

• Household furniture, furnishings, and appliances in the decedent’s usual residence, up to a net value of $20,000;
• Two motor vehicles (as defined in § 316.003) regularly used by the decedent or immediate family;
• Qualified tuition (529) programs; and
• Certain death benefits for teachers and school administrators.

Exempt property passes to the surviving spouse, or if none, to the decedent’s children, and is shielded from most creditor claims. For how homestead differs, see the section below and our dedicated homestead protection page.

Three Miami-Dade Scenarios: Qualify vs. Don’t Qualify

These illustrative examples reflect the kinds of fact patterns we routinely evaluate. They are educational only and not predictions about any specific case.

Scenario 1 — Likely qualifies. A widowed retiree in Hialeah passes away leaving a $6,000 bank account, household furnishings worth about $10,000, and one car. The funeral cost $7,200 and last-illness hospital bills totaled $3,100. Because the furnishings and car are exempt, and the $6,000 non-exempt account is less than the $10,300 in preferred expenses, this estate is a strong candidate for disposition without administration.

Scenario 2 — Does not qualify (too many assets). A decedent in Coral Gables leaves a $40,000 brokerage account and a $10,000 bank account, with only $9,000 in funeral and final medical costs. The non-exempt property far exceeds the preferred expenses, so § 735.301 is unavailable. This estate would instead proceed through summary administration (since it’s under $75,000).

Scenario 3 — Does not qualify (real estate involved). A decedent in Miami Beach owns a rental condo (non-homestead real property) plus a small bank account. Even though the cash is minimal, the presence of non-homestead real estate takes the estate out of § 735.301 entirely. A court order transferring that real property generally requires at least summary administration. Note that a homestead residence is treated separately — see below.

Filing in the Eleventh Judicial Circuit (Miami-Dade)

Miami-Dade’s Probate Division processes these filings electronically through the Florida Courts E-Filing Portal. Practical steps:

1. Confirm venue. The petition is filed in the county where the decedent resided at death — for Miami-Dade residents, the Eleventh Judicial Circuit Probate Division.
2. Prepare the petition/affidavit for disposition without administration. Include the decedent’s name, date of death, and last address; an itemized list of estate assets; the names and addresses of known creditors; the funeral and last-illness expense amounts; and the persons entitled to the remaining assets.
3. Attach documentation. A certified copy of the death certificate, itemized funeral bills, and medical bills from the final 60 days. Clerks routinely reject filings missing itemized preferred-expense proof.
4. File and pay the fee. Filing fees for this proceeding are set by statute and county schedule and are substantially lower than the fee for formal administration. Confirm the current amount with the Miami-Dade Clerk of Courts before filing, as fee schedules are periodically adjusted.
5. Court review and order. If the judge is satisfied the estate qualifies, the court enters an order authorizing direct payment of preferred expenses and release of the remaining assets — no Letters, no personal representative.

Practical tip: Bring the signed court order directly to the bank or asset holder. Even so, some institutions have internal policies favoring letters of administration and may resist. Knowing this in advance helps you decide whether the modest extra effort of summary administration is worthwhile.

Homestead Property Considerations

Florida homestead occupies a special constitutional category. It is not subject to forced sale by most creditors and descends under Article X, § 4 of the Florida Constitution and Fla. Stat. § 732.401. Homestead is generally not a probate asset, but establishing its protected status often requires a separate petition to determine homestead. If personal property qualifies under § 735.301 while the residence is homestead, a family may sometimes use disposition without administration for the personal property and address the home separately. Read inheriting homestead property in Florida for that distinct process.

Limitations You Should Know Before Filing

• Extremely narrow eligibility. Any meaningful non-exempt savings beyond final expenses disqualifies the estate.
• No comprehensive creditor process. Only preferred funeral and last-illness expenses are resolved; other creditors are not adjudicated.
• No personal representative. No one holds legal authority to sue, defend, or manage later-discovered assets — a real problem if disputes emerge. See executor vs. administrator.
• No non-homestead real property. Real estate transfers require formal or summary administration.
• Third-party pushback. Banks and transfer agents may still demand Letters.

Not Sure Which Path Fits? Talk to a Miami Probate Attorney

Deciding between disposition without administration, summary administration, and formal administration often comes down to a careful tally of exempt versus non-exempt assets — an exercise where small mistakes cost months. The Law Offices of Albert Goodwin, PA handles small estates and all forms of probate throughout Miami-Dade County.

To have your loved one’s estate evaluated, schedule a consultation, learn more about our firm, or call 786-522-1411. You can also email [email protected]. Our office is located at 121 Alhambra Plaza, Suite 1000, Coral Gables, FL 33134.

This page is general legal information about Florida probate procedures and is not legal advice. Statutory thresholds, exempt-property values, and Miami-Dade filing fees are subject to change; verify current figures with counsel or the Clerk of Courts before filing.