Disposition Without Administration

No formal probate administration is necessary when the decedent’s estate is only composed of the following:

  • up to $1,000 in personal property–i.e., not real estate–which is automatically exempt from creditor claims under the Florida Constitution;

  • property otherwise exempt from creditor claims under Section 732.402 of the Florida Statutes, which includes up to $20,000 in household furnishings;

  • non-exempt personal property that does not exceed the decedent’s preferred funeral expenses and the “necessary” medical and hospital expenses incurred during the last 60 days of their final illness.

Disposition without administration is not appropriate when the decedent left more non-exempt personal property than is necessary to pay the funeral and final medical bills. Nor is it an option if the decedent owned any real property in their own name. In these cases, either formal or summary administration is required.

Once you have filed a Disposition of Personal Property without Administration form with the court, the court will determine whether your case is eligible. If your case qualifies, the court will authorize the transfer of the decedent’s property to you.

The process can only be completed successfully with the following documentation:

  • The death certificate of your deceased loved one

  • The decedent's original will

  • A copy of the funeral bills paid by the beneficiary or heir

  • Signed consents from heirs if applicable

  • A petition for Disposition without Administration

  • Proof of payment of the court’s filing fee

  • A document listing all the assets that belonged to the decedent

  • A Creditor Statement

  • A copy of the receipts and medical bills for the decedent’s medical expenses that were paid in the last 60 days of the decedent’s life

You may also need to present a statement that the decedent was not married and had no children if applicable.

Things You Need to do When Filing the Petition

 

Write the word “RE:” before you the name of the deceased person. The following are other things you need to do include in the petition:

  • Your full name, contact details, and address

  • Tick the box that indicates that a Will is available

  • Provide a mailing address when you are listing estate assets

  • A complete list of beneficiaries in descending order

  • Attach copies of medical bills and funeral expenses

You have to pay the required fees and file the documents at the clerk’s office. After the judge receives all the documents, you will receive a document that authorizes you to start the process of distributing assets to beneficiaries.

Did your loved one pass away owning Florida property in his/her individual name?  Contact us to learn how we can help you put that property in the right hands. 

THE PROCESS

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