Free Florida Affidavit of Heirship Form

Florida Affidavit of Heirship Form: How to Settle Estates Without Full Probate

Most heirs in Florida seek quicker ways to dispose of an estate without a long court procedure. Although the state does not officially recognise an Affidavit of Heirship Form as some of the other states are doing, the Florida law has still provided affidavit-based tools to facilitate the disposal of small estates or the transfer of certain property of a deceased person. They are the Affidavit of Heirs, the Summary Administration, and even the transfer of titles of vehicles through an affidavit.

This guide describes the legal means that can be used as per the Florida law and their efficient and lawful application.

What Is the Florida Affidavit of Heirship Form?

• Affidavit of Heirship Forms are documents applicable in probate or non-probate transfers, which determine legal heirs of a deceased individual. Such forms are mostly applicable in the following legal scenarios:

  • Heirs Affidavit presented by the court in an intestate estate (no will)

  • Summary Administration Affidavits less than 75000

  • Vehicle title transfers via affidavit under Fla. Stat. § 319.28

These affidavits can go by different names, but they are all critical to showing how one is an heir, particularly in distributing assets without a proper probate case.

When Can You Use a Florida Affidavit of Inheritance?

• You may use a Florida affidavit of inheritance when:

  • The decedent passed away without a will.

  • The estate qualifies as “small” under Florida law.

  • Assets include vehicles, mobile homes, or exempt personal property.

  • All known heirs are in agreement.

  • Probate is either unnecessary or can be simplified.

These affidavits must be notarised, often signed by disinterested witnesses, and filed with the appropriate court or state agency, depending on the type of asset being transferred.

3 Legal Affidavit Uses in Florida

• 1. Affidavit of Heirs (For Probate Proceedings)

     • This affidavit is required in many Florida probate courts when the decedent died intestate. It lists:

       • Decedent’s name, death date, and place of residence

       • All known heirs, including spouse, children, parents, and siblings

       • Matrimonial and family past history

       • Affidavit, executed by two non-interested witnesses

     Use Case: Submitted with a probate petition to assist the court in using the laws of Florida intestate succession (732.101-732.103 F.S.). Additionally, help to give a personal representative.

  2. Summary Administration Affidavit (Small Estates)

     • Florida permits a simplified probate, named Summary Administration, with the following conditions:

       • The estate value is $75,000 or less, or

       • The decedent has been dead for more than two years.

     • An affidavit is filed as part of the petition, stating:

       • That the estate qualifies for summary administration

       • That all debts are paid or creditors are notified

       • That heirs and beneficiaries agree to the process

     Once approved, the court issues an order allowing the release of assets.

  3. Vehicle & Mobile Home Transfers Without Probate

     • Under Fla. Stat. § 319.28, heirs can transfer the title of:

       • Cars

       • Trucks

       • Mobile homes

     • ...by submitting an affidavit of death and heirship to the Florida DMV. The affidavit must state:

       • That the estate is solvent

       • That heirs are in agreement

       • That the title or bill of sale is included

     This is commonly referred to as the affidavit of heirship for a motor vehicle, and it avoids probate entirely.

Real-Life Examples in Florida

• • A man in Orlando passes away with no will, leaving behind a modest estate. His children file an Affidavit of Heirs along with a probate petition.

  • A family in Tampa qualifies for Summary Administration and submits the required affidavit to release funds from the deceased’s savings account.

  • In Jacksonville, a widow uses a Florida DMV affidavit to transfer the title of her late husband’s vehicle without going to probate court.

FAQs – Florida Heirship and Estate Transfer Process

Q1. What is the Florida Affidavit of Heirship Form used for?

It helps identify rightful heirs when someone dies intestate or when transferring assets without a full probate.

Q2. How do I get a free blank Affidavit of Heirship Form in Florida?

You can download a free Florida-specific affidavit of heirship form at forms.legal designed for use in court and DMV filings.

Q3. Can this affidavit transfer real estate in Florida?

Not directly. Real estate usually requires probate unless it qualifies under summary administration or was jointly owned.

Q4. Can I use this affidavit for vehicles or mobile homes?

Yes. Under Section 319.28, you can file an affidavit of heirship for a motor vehicle to transfer title without court involvement.

Q5. Do I need a lawyer to use these forms?

Not always. Many families complete the affidavits on their own. However, legal advice may help if there are multiple heirs or disputes.

Benefits of Using a Heirship Affidavit

• • Speeds up asset distribution

  • Avoids or shortens probate

  • Accepted by banks, courts, and the DMV

  • Helps resolve title issues with limited legal costs

  • Suitable for estates with clear heirship and no disputes

Download a Free Florida Affidavit of Heirship Form

Need to prepare a Florida Affidavit of Heirship Form or start a summary estate claim?

Download a free blank affidavit of heirship form Florida at our website, tailored to meet all state requirements—whether for probate court, DMV title transfers, or small asset claims.

Start now and simplify the process of transferring your loved one’s estate the legal way.