DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION PACKET

In Florida, Disposition of Personal Property Without Administration is a simplified probate process that allows certain small estates to avoid full probate when the only assets are minimal and used to pay for final expenses (like funeral or medical bills). This is often called “no probate” or “non-administration”.

⚖️ What Is It?

It’s a legal process that allows heirs or beneficiaries to request the release of a deceased person’s small personal property (e.g., bank accounts, refunds, etc.) without going through formal probate, as long as certain conditions are met.

✅ When Is It Allowed? (Florida Statute § 735.301)

To qualify for this process in Florida:

1. No real estate can be involved.

2. The deceased did not leave other significant assets.

3. The value of the estate must be less than:

   • The amount of funeral expenses (up to $6,000)

   • Plus reasonable medical and hospital expenses from the last 60 days before death

4. The person requesting the assets has paid or will pay those expenses.

💼 Assets That Can Be Claimed:

• Bank accounts

• Refunds from utilities or insurance

• Unpaid wages

• Personal items (furniture, jewelry, etc.)

• Life insurance or other small death benefits payable to the estate

NOTE: Real estate is never allowed under this process.

📝 How to File (Florida Process)

The person seeking the property (often a relative who paid expenses) must file a petition in the county probate court where the deceased lived.

Required Documents:

• Petition for Disposition of Personal Property Without Administration

• Certified copy of the death certificate

• Receipts for paid funeral and medical expenses

• Proof of the asset’s value (e.g., bank statements)

• Statements or bills showing what's owed or paid

• Photo ID of the petitioner

🗂️ DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION

(Florida Statutes § 735.301)
Simplified probate for very small estates

✅ What This Is

This is an alternative to probate for very small estates.
It allows a survivor (usually spouse, child, or close family member) to request release of certain personal property of the deceased without opening a full probate case.

The process is fast, simple, and low-cost.

⚖️ Who Qualifies

You can use this process if ALL the following apply:

1. The decedent was a Florida resident

2. No real estate is involved

3. The only assets are:

   • Exempt personal property (e.g., household items up to $20,000 in value)

   • Non-exempt personal property not needed to pay debts

   • Funeral expenses or medical bills paid by the petitioner

4. The estate is not needed to pay creditors

5. You are a qualified claimant (usually a person who paid for final expenses or is a legal heir)

📄 What's Included in the Packet:

1. Petition for Disposition of Personal Property Without Administration

• Primary document filed with the probate clerk

• Requests release of small assets directly to the petitioner

• Lists decedent’s details, asset description, and funeral/medical costs

• Must include supporting receipts

2. Certified Copy of Death Certificate

• Redact Social Security Number if required

• Attach with the petition

3. Paid Funeral and/or Medical Bills

• Copies of receipts or invoices showing the petitioner paid

• Funeral bills must be paid in full

• Medical bills must be for last 60 days of illness

4. Proof of Asset(s) to Be Claimed

• Bank statement or check stub

• Refund check payable to the decedent

• Vehicle title (if applicable)

• Any documentation showing value and ownership

5. Statement of Heirs or Relationship

• Lists family members and relationship to the decedent

• May need an Affidavit of Heirs or Notarized Statement

6. Proposed Order of Disposition (Optional, some counties require it)

• A draft order for the judge to sign

• Directs the release of assets to the petitioner

🧾 Examples of Qualifying Property

• Bank account (small balance)

• Refund check (e.g. IRS, Social Security)

• Uncashed checks made to decedent

• Vehicle (with low value)

• Household items (exempt property)

• Up to $1,000 in non-exempt personal property (if exempt threshold met)

📌 Where to File

• Clerk of Court – Probate Division in the county where the decedent lived

• File in person or by mail (some counties allow eFiling)