[FL] Does a small estate affidavit require a sheriff’s signature, and how do I complete it if I live in another state?

FL Estate Probate

Clay G., Esq.

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If you are looking at a line that mentions a "Deputy," it almost certainly refers to a Deputy Clerk at the probate office, not a law enforcement officer. The role of the Clerk is to verify your identity and witness your signature before the court authorizes the release of the funds.

Since you are in Pennsylvania, you do not need to find a Florida official or a local sheriff. Florida law allows these documents to be signed in the presence of a Notary Public as an alternative to a Deputy Clerk. (FL Stat § 117.05)

To complete the form from your home state:

Locate a Notary: You can find one at most banks, UPS stores, or AAA offices in Pennsylvania.
Sign in their presence: Do not sign the document until you are physically standing in front of the notary.
Notary's Action: The notary will sign and stamp the area where the "Deputy" or "Notary" line is located. This notarization serves the same legal purpose as the Deputy Clerk’s signature. (FL Stat § 28.222)

Florida Small Estate Affidavit

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I am filing a small estate affidavit as required to access a small savings account my spouse has in Florida. There's only around $3000 in the account. At the end, it requires a signature of a sheriff. We live in PA, so I am wondering where I am to locate a sheriff and why a sheriff.

Lexi, Chatbot

I understand that navigating the small estate affidavit process can be challenging, especially when it involves different states. Have you already started the process of filing the affidavit in Florida?

I downloaded the form, and I have read through it, but not filled it out yet.

Lexi, Chatbot

Are you aware of any specific requirements or forms needed by the sheriff in Florida for this signature?

I have no idea. Do I need the sheriff in Florida or can I use one in PA where I reside? I also live in PA and we have a house in Florida.

Clay G., Esq.

Hello! I am Clay, an attorney with several years’ experience, and I will be assisting you with your question today. Just a note—our conversation is for general legal information only and does not establish an attorney-client relationship. I understand you have a question about a small estate affidavit. Is that correct?

Ok. Yes.

I am not filing probate because this bank account is the only thing that does not have me as a beneficiary. The bank has sent me a form to fill out and attach documents. Which is why I am filling out this form.

Clay G., Esq.

Could you please upload the form for me so I can take a quick look at it?

8. NOTICE TO HEIRS. All heirs or devisees will be given notice of this Affidavit within 30 days of filing. Affiant's Signature: _______________________________ Print Name: _____________________________________ Date: __________________________________________ Deputy's Signature: ______________________________

Clay G., Esq.

To complete the form from your home state:

Locate a Notary: You can find one at most banks, UPS stores, or AAA offices in Pennsylvania.
Sign in their presence: Do not sign the document until you are physically standing in front of the notary.
Notary's Action: The notary will sign and stamp the area where the "Deputy" or "Notary" line is located. This notarization serves the same legal purpose as the Deputy Clerk’s signature. (FL Stat § 28.222)

That's great! Thank you so much!

Clay G., Esq.

You're most welcome. Do you have any other questions about this for now?

Not right now. Thank you for your time. I will come back if I have any other questions! Good Bye!

Clay G., Esq.

You're very welcome. Best of luck to you. It was my pleasure to assist you. Have a great day! Take care.

Clay G., Esq.

5,260 satisfied customers

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