Does Florida require probate to transfer real estate to heirs?

In most cases, yes. Florida requires a probate proceeding to transfer title to real estate. However, if the estate qualifies for Summary Administration (valued at $75,000 or less, excluding exempt property), the process is simplified. An Affidavit of Heirship is often filed alongside this procedure to document the family history and establish who the legal heirs are under Florida intestacy law.

What is Florida Summary Administration?

Florida Summary Administration is a simplified probate procedure available when the total value of the estate subject to administration does not exceed $75,000, or when the decedent has been dead for more than two years. It is faster and less expensive than formal administration, but it still requires a petition to the circuit court and a court order. An Affidavit of Heirship supporting the petition helps document the family history.

Are there waiting periods before heirs can claim Florida property?

Florida generally requires that creditors have an opportunity to make claims against the estate. The waiting period depends on the type of administration — formal administration typically requires a 3-month creditor notice period, while summary administration may be completed more quickly in some circumstances. The death of a person does not immediately free up all assets for distribution.

Does Florida recognize an Affidavit of Heirship from another state?

Florida courts will give effect to another state's probate proceedings under the principles of full faith and credit, but a foreign state's Affidavit of Heirship is not automatically effective for Florida property. For Florida real estate, a Florida probate or ancillary administration proceeding is typically required. An Affidavit of Heirship from another state may be useful as supporting evidence in that Florida proceeding.

What if the deceased had both a will and property that needs an Affidavit of Heirship?

If the deceased had a valid will, the estate is testate (not intestate), and an Affidavit of Heirship for intestate succession would not apply. However, the will still needs to go through Florida's probate process (formal or summary) to transfer property. An affidavit may still be useful as a supporting document to establish family relationships, even when a will exists, but it does not substitute for the probate proceeding.

Free Florida Affidavit of Heirship Form

A Florida Affidavit of Heirship establishes the identity of the legal heirs of a person who died without a will (intestate) in Florida. This document is commonly used to facilitate the transfer of property and financial assets to the rightful heirs.

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Fill in the fields below, then download your completed affidavit.

Florida Affidavit of Heirship

Fill in the fields below to generate your form.

Affiant Information

Full Legal Name *

Date of Birth

Street Address *

City *

State *

Sworn Statement

Statement of Facts *

I swear or affirm that the above information is true and correct to the best of my knowledge.

Signature

Date of Signature *

Notary Acknowledgment

State of _________________________ County of _________________________

Subscribed and sworn to before me on this _____ day of _______________, 20_____.

Notary Public: __________________________ My Commission Expires: __________________

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How to Complete This Form

1Enter the deceased person's full legal name, date of death, and Florida county of residence at the time of death.
2List all surviving heirs in order of priority under Florida intestacy law (spouse, children, parents, siblings, etc.).
3Describe any Florida property — real or personal — that is part of the estate.
4Indicate whether the estate qualifies for Florida Summary Administration (total value of $75,000 or less, excluding exempt property).
5Sign the completed affidavit in front of a notary public; file with the county court if used alongside Summary Administration, or present directly to financial institutions for account transfers.

What Is a Florida Affidavit of Heirship?

Florida uses affidavits of heirship primarily in the context of establishing who inherits property under Florida intestacy laws (Florida Statutes §732.101 et seq.). Unlike Texas, Florida generally requires probate for most estates with real property, but an Affidavit of Heirship can be used alongside probate proceedings or for smaller estates that qualify for summary administration. For estates valued at $75,000 or less (excluding exempt property and costs), Florida offers a Summary Administration procedure that is simpler than formal probate. An Affidavit of Heirship supports both approaches by documenting the family history and lineage of the deceased.

Filling out a Florida affidavit of heirship form is often the first step in the estate settlement process, regardless of whether formal probate will be needed. The document establishes the family history and identifies all potential heirs under Florida Statutes §732.101 et seq. (Florida's intestacy laws). When the estate qualifies for Summary Administration, the affidavit is typically filed with the circuit court as a supporting document to the Petition for Summary Administration.

An affidavit of heirship template for Florida should capture complete family history information — all marriages, divorces, children (including predeceased children), and any adopted children. Accuracy is critical in Florida because intestate inheritance rules follow a specific order of priority, and omitting an heir can result in an improper distribution. Once properly notarized and filed, the Florida affidavit of heirship supports the legal transfer of assets to the rightful heirs under state law.

When Do You Need a Florida Affidavit of Heirship?

✓The deceased died without a valid will in Florida
✓You need to establish who the legal heirs are under Florida intestacy law
✓The estate qualifies for Florida's Summary Administration procedure
✓A financial institution needs proof of heirship to release accounts
✓You are supporting a probate filing with documentation of family history
✓The deceased owned property in Florida with no surviving joint tenant

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