Can I use a small estate affidavit for my mother's Florida lot?
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Unfortunately, there is no small estate affidavit for real property in Florida. Instead, you’ll need to go through probate court. There’s a simplified process called summary administration, which you can use if:
- Two years have passed since her death, or
- The value of the estate subject to probate is $75,000 or less (Fla. Stat. § 735.201).
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My mother passed away with no will. We have no money for probate on her land, and she would want it to be split between me and my brother. It’s only a two-acre lot with two mobile homes. Will the small estate affidavit work for this?
I’m sorry to hear about your mother. Have you already determined if your state allows for a small estate affidavit in this situation?
No. The state is Florida.
Do you and your brother have documentation for the land and mobile homes, like titles or deeds?
No, but it’s all documented at our local courthouse.
Is there anything else the estate lawyer should know? They'll be able to help with intestate succession.
No, it was deeded to my mother. That’s all I know.
Hello, I’m Lori. I’m an attorney with over 25 years of experience. I’m sorry to hear about your situation. I have a few questions:
- What city/state is the real property in?
- Is the two-acre lot titled only in your mother’s name?
- Are there any outstanding debts or liens on the property?
Live Oak, Florida. It’s only in her name. Maybe the taxes haven’t been paid — not sure yet. No lines of credit, and it's paid off — no loans.
Unfortunately, there is no small estate affidavit for real property in Florida. Instead, you’ll need to go through probate court. There’s a simplified process called summary administration, which you can use if:
- Two years have passed since her death, or
- The value of the estate subject to probate is $75,000 or less (Fla. Stat. § 735.201).
What about the affidavit of heirship? Would that help?
Yes. When you file the probate action, you can use the Affidavit of Heirs to notify the court of your mother’s living heirs.
Can my brother do anything with the property without the death certificate? Or anything without me?
No. You need the death certificate, and you’ll need to file a petition for administration in probate court.
So do we start the probate, or does it automatically start?
You have to file.
Okay. Is there a time limit to filing?
No. Thank you for using AskaLawyer. Have a nice day!
