In the United States, including Florida, an individual’s death is followed by signing and submitting various documents. One of these documents is the Florida small estate affidavit (SEA) form. Relatives and other people considered heirs use the document to claim the deceased’s property without going to the courts. The small estate affidavit becomes especially handy if the decedent did not leave a will.
You will not find any unified form of such an affidavit in the US because of the rules for creating this form change from state to state. Typically, when making the document, you will have to include the following:
And other details. Usually, the SEA form also reveals the decedent’s debts. The deceased person’s estate covers the debts in many cases.
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The Florida SEA form is officially called the “Disposition of Personal Property without Administration” form. The laws tied to this form and the whole process of filling it out are incorporated in Chapter 735 of the Florida Statutes that is called “Probate Code: Small Estates.”
To claim a property item using this document, its value should not be more than 75,000 US dollars, as stated in section 735.201 of the Florida Statutes.
The Florida SEA form requires either the signature of the deputy clerk or a public notary acknowledgment.
|Max. Estate||$75,000 and $10,000 (if decedent has died intestate)|
|Min. Time to Wait After Death||Not specified|
|Filing Fee||Varies by county|
|State Laws||Florida Statutes, Chapter 735|
Below are instructions on how to file a small estate affidavit form in Florida successfully.
Ensure that you have the right template of the Florida SEA form and download it. Our form-building software will help you obtain the needed file.
You should know that people complete such a form for vehicles as well. In our case, we review a general SEA form, not the one for vehicles.
Ensure you read and understand the vital information first. If something is unclear, consult an expert.
On top of the SEA form, write the name of the county where you are signing and submitting the papers.
You (as a person who is signing, or the petitioner) should add your name and address along with the Social Security Number (SSN).
After writing your details, add the information about the dead person (or decedent). Include their name, the type of relationship between you two, the date when the person passed away, the address, SSN, and age. State if the decedent left a will.
Enter details of all successors who aspire to inherit the estate. The information should include names, addresses, age, and their relation to the decedent.
Add a description of the property and its value. Also, list the debts and the expenses tied to the funeral and medical care. For those expenses, you will have to provide receipts.
Once you have given all details about estate and debts, sign the form. Add your name, address, and date.
You should notarize a SEA form in Florida. Therefore, after signing it, ask a notary to sign it as well. A deputy clerk may sign instead of a notary.