Sample Affidavit That the Estate Is Not Indebted in Florida

In Florida, an affidavit that the estate is not indebted is a sworn statement declaring that a deceased person’s estate owes no outstanding debts. The phrase comes directly from Florida Statute 319.28, which lets heirs transfer a vehicle title without opening probate by filing this affidavit with the Department of Highway Safety and Motor Vehicles.¹ Similar sworn statements are used in summary administration and to clear title to real property after a death. Because the document is signed under oath, a false statement is felony perjury, so the content and execution have to be right.

When You Would Use This Affidavit

The most common use is a vehicle title transfer. If the owner died without a will, an heir can bypass probate by filing an affidavit that the estate is not indebted, together with a statement that all surviving heirs have agreed on how to divide the estate. If the owner died with a will that is not being probated, the heir files a sworn copy of the will along with the same affidavit. If the will is being probated, a slightly different affidavit is used, one stating the estate is solvent with enough assets to cover all claims.¹

The same kind of sworn statement appears in summary administration, which is available when non-exempt estate assets total $75,000 or less, or when the decedent has been dead more than two years.² Before the court will enter an order of summary administration, the petitioner must search for creditors, serve notice on any that are found, and make provision for their debts. A sworn statement confirming no debts remain is how that requirement gets satisfied.³

Title companies also ask for these affidavits when real property passes outside a formal probate administration. Without one, the insurer has no assurance that an unpaid creditor won’t surface later and lien the property. The affidavit is recorded in the county’s official records so future buyers and lenders can see the chain of title is clean.

Information to Gather Before You Draft

Start with the decedent’s full legal name exactly as it appears on the death certificate, date of death, Social Security number, and county of domicile at the time of death.

Next, pull together a real accounting of the estate’s financial picture: bank statements, credit card bills, mortgage payoff letters, medical bills, and anything else that could reveal a creditor. If debts were previously identified and paid, keep the receipts or zero-balance confirmations. The affidavit is only as credible as the search behind it.

For a real property affidavit, include the full legal description of the land, not just the street address. Copy the lot, block, plat book, and page from the most recent deed or the county property appraiser’s records exactly as written. A transcription error here can stall the title transfer.

For a vehicle affidavit, you need the VIN, year, make, and model, and the names of all surviving heirs who have agreed to the distribution.

The Diligent Search for Creditors

Florida requires anyone handling an estate to genuinely investigate who the decedent owed money. In formal administration, the personal representative must promptly search for creditors who are “reasonably ascertainable,” including those with unmatured or contingent claims, and serve each one with the notice to creditors. Extended or impractical searches are not required, but the standard is well above doing nothing.⁴ Summary administration carries the same duty: the petitioner must make a diligent search and reasonable inquiry for known or reasonably ascertainable creditors before the court enters its order.³

In practice, a diligent search means reviewing the decedent’s financial records, checking for outstanding utility accounts, contacting known creditors, and searching public records for liens or judgments. Some circuit courts provide a specific “Affidavit of Diligent Search and Inquiry for Creditors” form under their probate forms. Completing that form or documenting equivalent steps is the foundation for truthfully swearing that the estate has no debts. Skipping this step and signing the affidavit anyway is where people get into serious trouble.

Whether the Claim Window Is Even Closed

You cannot truthfully swear the estate owes nothing if creditors still have time to come forward. Florida imposes two layers of deadlines.

The first runs from publication of the notice to creditors. A creditor must file a claim within three months after the first publication, or within 30 days after being personally served with the notice, whichever is later. A claim not filed within that window is barred.⁵

The second is absolute: two years from the date of death. After that, neither the estate, the personal representative, nor the beneficiaries can be held liable for any pre-death claim, whether or not probate was ever opened. The exceptions are creditors who timely filed a claim under Section 733.702 that has not yet been resolved, and recorded mortgages or security interests, which survive.⁶ This is why summary administration is automatically available once the decedent has been dead more than two years, regardless of the estate’s value: unsecured claims are extinguished by operation of law, and the affidavit becomes straightforward.

What the Affidavit Must Contain

Every affidavit that the estate is not indebted shares a core set of sworn declarations. The exact wording depends on whether the document is used for a vehicle title, summary administration, or clearing real property, but at minimum it should include:

The affiant’s full name, relationship to the decedent, and the capacity in which they are acting. For a vehicle title, this is typically an heir. For summary administration, it may be a beneficiary or the person nominated as personal representative in the will.
The decedent’s full legal name, date of death, county of domicile, and Social Security number.
A clear declaration that all known debts have been paid and that no valid claims remain outstanding against the estate. For a vehicle title under Section 319.28, the language should track the statute: the estate is “not indebted.”
A summary of the steps taken to identify creditors, confirming that a reasonable investigation was completed.
A description of the asset being transferred. For vehicles, the VIN, year, make, and model. For real property, the full legal description including lot, block, and plat book references.
For vehicles from an intestate estate, an added statement that the surviving spouse and heirs have agreed on how to divide the estate.¹

Many Florida Clerks of Court post standardized templates under their probate forms. If probate is already open, the affidavit carries a caption reading “In Re: Estate of [Decedent’s Name]” with the assigned case number. When no probate case exists, the affidavit stands alone and is drafted for recording in the official records.

Who Can Sign It

The signer depends on context. For a vehicle title transfer under Section 319.28, the signer must be an heir of the deceased owner, swearing both that the estate carries no debts and that all heirs have agreed on the distribution.⁷ If the decedent left a will being probated, the personal representative named in the will typically signs the solvency affidavit instead.

In summary administration, the petition must be signed and verified by the surviving spouse (if any) and any beneficiaries, though a beneficiary receiving a full distributive share does not need to join.² An accompanying affidavit follows the same signing requirements. For real property title clearance, the signer is usually whichever heir or personal representative has direct knowledge of the estate’s financial condition.

Whoever signs must have firsthand knowledge of the estate’s debts. An heir with no involvement in the decedent’s affairs who conducted no search should not be signing. Courts and title companies can and do reject affidavits where the basis for knowledge is unclear.

Notarization: Jurat, Not Acknowledgment

The affidavit must be signed in front of a Florida notary public. The notary verifies identity through personal knowledge or a government-issued photo ID and notes in the certificate which type of identification was relied on.⁸

Because this is a sworn statement, the notary completes a jurat, not a simple acknowledgment. A jurat means the signer took an oath about the truth of the contents; an acknowledgment only confirms identity. The jurat must include the venue (state and county), the word “sworn,” confirmation that the signer appeared before the notary, the exact date, and the signer’s name. The notary’s official seal must appear on the document with the notary’s name, commission number, and commission expiration date.⁸

A missing element on the notarization is one of the most common reasons title companies reject these affidavits. Before leaving the notary’s office, check that the seal is legible, the date is correct, and the jurat uses “sworn” language rather than “acknowledged.”

Where to File or Record It

Where the affidavit goes depends on why you’re using it. For a vehicle title transfer, it is filed with the Florida Department of Highway Safety and Motor Vehicles along with the title application. For summary administration, it is filed with the Clerk of the Circuit Court in the county where the probate case is pending, either through the Florida Courts E-Filing Portal or in person at the clerk’s office.

For real property title clearance, the affidavit is recorded in the county’s official records. Recording places the document in the public record and gives constructive notice to future buyers and lenders that the estate’s debts have been resolved. Under Florida Statute 28.24, the recording fee is $10.00 for the first page and $8.50 for each additional page, applied uniformly across all counties.⁹

Request several certified copies at the time of filing. Banks, brokerage firms, and title companies often require their own certified original rather than accepting a photocopy.

What a False Affidavit Costs You

Because this document is signed under oath, a false statement carries criminal penalties. Under Florida law, anyone who makes a false statement they do not believe to be true, under oath in an official proceeding, regarding a material matter, commits a third-degree felony, punishable by up to five years in prison.¹⁰ Whether the estate is “not indebted” is unquestionably a material matter when the affidavit is being used to transfer property or close a probate case.

The civil exposure can be just as painful. Under Florida’s summary administration statute, anyone who receives estate property remains personally liable for a pro rata share of all lawful claims against the estate, up to the value of property received (excluding exempt property). A creditor who was not found during the diligent search and did not receive notice can still enforce a claim and will be awarded reasonable attorney’s fees against those who joined in the petition.³ That exposure lasts until the two-year absolute bar takes effect. If you are distributing an estate through summary administration less than two years after the death, take the diligent search seriously. The affidavit is a binding oath, and Florida courts treat it that way.

1
The Florida Legislature. Florida Code 319.28 – Transfer of Ownership by Operation of Law
2
The Florida Legislature. Florida Code 735 – Probate Code: Small Estates
3
The Florida Legislature. Florida Code 735.206 – Summary Administration Distribution
4
Florida Senate. Florida Statutes 733.2121 – Notice to Creditors; Filing of Claims
5
The Florida Legislature. Florida Code 733.702 – Limitations on Presentation of Claims
6
The Florida Legislature. Florida Code 733.710 – Limitations on Claims Against Estates
7
Florida Highway Safety and Motor Vehicles. Application for Certificate of Title and Satisfaction of Liens Involving Registered Owners or Lienholders Who Are Deceased
8
Florida Senate. Florida Statutes 117.05 – Use of Notary Commission
9
The Florida Legislature. Florida Code 28 – Clerks of the Circuit Court
10
The Florida Legislature. Florida Code 837.02 – Perjury in Official Proceedings