Question 1

Can a small estate affidavit transfer real estate?

Accepted Answer

In most states, small estate affidavits are strictly for personal property. Only a few states (like Arizona and Oregon) allow real property transfers via affidavit, while others (like California) have specific 'small value real property affidavits' or (like Texas) restrict it only to homesteads inherited by spouses or minor children.

Question 2

How does Florida handle small estates?

Accepted Answer

Florida does not have a standard self-executing small estate affidavit for real property. Instead, it offers 'Summary Administration' for estates under $150,000 (effective July 1, 2026) or if the decedent has been deceased for more than two years.

Do I even need to go through probate?