Legal Question in Wills and Trusts in Florida

You need to file a DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION

Florida Statute 735.301 and Florida Probate Rule 5.420

The process:

** Must wait 30 days after date of death **

***A filing fee will be required at the time of filing (cash, local check, money order or credit card) ***

You will need to bring into the Clerk�s Office the following:

1. Death Certificate

2. Copy of paid or unpaid funeral expenses

3. Copy of Medical & hospital expenses this is to protect the right of the creditors. (Only if there are any)

4. Copy of statement showing the Names of the Business with the account number and the amount of money to be received.

5. Original Will

Person to Sign Petition must be a relative in the following manner:

1. Husband or Wife

2. Children (all must sign if parents are deceased)

You cannot file a Disposition of Personal Property Without Administration, if the deceased:

1. Own Real Estate Property in Florida at the time of death in the deceased name only.

2. Saving or checking accounts over the incurred funeral expenses or $6,000.00 (preferred funeral expenses)

3. Have any stocks or bonds over the incurred funeral expenses or $6,000.00 (preferred funeral expenses)

4. Any business requiring Letters of Administration.

5. Any checks that is to be received monthly. (Example: Oil checks, mineral rights)

6. Is there a wrongful Death Action pending or going to be filed?

735.301 Disposition without administration.--

(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.

(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.