Disposition Without Administration in Florida
Fla. Stat. § 735.301
Disposition without administration lets a Florida court release a decedent's personal property without opening probate or appointing a personal representative. It is available only when the estate holds exempt property plus non-exempt personal property worth no more than the preferred funeral expenses and the reasonable medical and hospital bills of the last 60 days of the last illness.
What it is
Florida law says no administration is required when a decedent leaves only three kinds of property: personal property exempt under Fla. Stat. § 732.402, personal property the Florida Constitution exempts from creditors' claims, and non-exempt personal property whose value does not exceed the preferred funeral expenses plus the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (Fla. Stat. § 735.301(1)).
Any interested person may apply informally, by affidavit, letter or otherwise. If the court is satisfied the estate qualifies, it may issue a letter or other writing under the court's seal authorizing payment, transfer or disposition of the personal property to those entitled (Fla. Stat. § 735.301(2)). A bank or anyone else that pays or transfers property under that authorization is discharged from liability (Fla. Stat. § 735.301(3)).
A hypothetical example: a widow's daughter paid the funeral home herself. Her mother left a small checking account, household furniture and a car, and nothing else. If the account balance does not exceed the funeral and last-illness bills, the daughter can ask the court for a letter releasing the account instead of opening a full probate.
The statute covers personal property only. It does not transfer real estate. If the decedent owned a house, see homestead property in Florida probate and summary administration.
What Fits Within Disposition Without Administration
The estate may contain only the following (Fla. Stat. § 735.301(1)):
- Exempt property under Fla. Stat. § 732.402(2): household furniture, furnishings and appliances in the decedent's home up to a net value of $20,000; up to two motor vehicles of 15,000 pounds or less held in the decedent's name and regularly used by the decedent or immediate family; qualified tuition programs under Internal Revenue Code § 529, including Florida Prepaid contracts; and benefits paid under Fla. Stat. § 112.1915.
- Personal property the Florida Constitution exempts from creditors' claims.
- Non-exempt personal property, such as a bank account, worth no more than the preferred funeral expenses plus the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
Exempt property belongs to the surviving spouse, or if there is none, the decedent's children, when the decedent was domiciled in Florida (Fla. Stat. § 732.402(1)). In the general order for paying estate debts, reasonable funeral, interment and grave marker expenses rank second, but only up to $6,000 in total, and anything above that falls into the last class (Fla. Stat. § 733.707(1)(b), (h)). Last-illness medical and hospital expenses rank fourth (Fla. Stat. § 733.707(1)(d)). If the funeral bill was larger than $6,000, ask how the court will count it before relying on the full amount.
Disposition Without Administration vs. Summary Administration
| Aspect | Disposition Without Administration in Florida | Summary Administration |
|---|---|---|
| Statute | Fla. Stat. § 735.301 | Fla. Stat. §§ 735.201–735.206 |
| Size limit | Non-exempt personal property up to preferred funeral plus last-60-days medical expenses | Non-exempt estate up to $150,000, or any size if death was more than 2 years ago (Fla. Stat. § 735.201) |
| Property covered | Personal property only | The estate subject to administration in Florida |
| How it starts | Informal application by affidavit, letter or otherwise | Petition; any will must be proved and admitted (Fla. Stat. § 735.206(1)) |
| Result | Court letter under seal authorizing payment or transfer | Order of summary administration (Fla. Stat. § 735.206(3)) |
How the Process Works
No personal representative is appointed and no estate is opened. The application goes to the probate division of the circuit court in the county where the decedent lived.
- Gather a death certificate, the funeral bill (a receipt if it has been paid), the bills for the last 60 days of the last illness, and a list of every asset with its value.
- Prepare the application. Under Fla. Prob. R. 5.420, it describes and values the exempt property and the other assets, states the funeral and last-illness expenses with supporting statements or receipts, and lists each requested payment or distribution.
- If exempt property is involved, everyone entitled to it (or their representative) also signs the application (Fla. Prob. R. 5.420(b)). On request, the clerk must help prepare the application (Fla. Prob. R. 5.420(c)).
- The court reviews the application and, if satisfied, may approve it without a hearing by letter or other writing under seal (Fla. Stat. § 735.301(2); Fla. Prob. R. 5.420(d)).
- Present the court's letter to the bank or other holder, which can then release the property to those named.
Other Small-Estate Options in Florida
Bank accounts up to $2,000 (Fla. Stat. § 735.303). A Florida bank may pay a family member the funds in accounts held in the decedent's sole name with no pay-on-death or survivor designation, if they total no more than $2,000 at that bank, but not earlier than 6 months after the death. The family member, in order of priority, is the surviving spouse; if none, an adult child; if none, an adult descendant; if none, a parent. The family member gives the bank a certified death certificate and a sworn affidavit, is personally liable to creditors and others entitled to the money to the extent the payment exceeds that person's share, and commits theft by making a knowingly false statement.
Federal income tax refunds up to $5,000 (Fla. Stat. § 735.302). The refund may go to the surviving spouse on a verified application or, if there is no spouse, to a child designated by all of the decedent's children over age 14. The application must state, among other things, that no administration has been started or is planned.
Intestate estates more than a year old (Fla. Stat. § 735.304). If the decedent left no will, has been dead more than 1 year, and no administration is pending in Florida, an heir may apply by affidavit when the non-exempt personal property does not exceed $20,000 plus the preferred funeral and last-60-days medical expenses. The affidavit generally must be signed by the surviving spouse and the heirs, creditors must be searched for and provided for, and those receiving property are personally liable for a pro rata share of lawful claims up to the value they received.
If the estate is too large for any of these, summary administration is available for non-exempt estates up to $150,000 (Fla. Stat. § 735.201). For other routes around probate, see alternatives to probate in Florida.
Is an attorney required?
Not always. The rule requiring a Florida attorney applies to personal representatives (Fla. Prob. R. 5.030(a)), and no personal representative is appointed here. The clerk must help prepare the application on request (Fla. Prob. R. 5.420(c)). A lawyer is useful when it is unclear whether an asset is exempt, whether the bills are large enough to cover the non-exempt property, or whether another procedure fits better.
Frequently Asked Questions
What is disposition without administration in Florida?
It is a court authorization to pay or transfer a decedent's personal property without opening probate. It applies when the decedent left only exempt personal property and non-exempt personal property worth no more than the preferred funeral expenses plus reasonable medical and hospital bills from the last 60 days of the last illness (Fla. Stat. § 735.301). The court issues a letter under seal instead of appointing a personal representative.
Can I get money from the estate if I paid the funeral bill and there are no other assets?
Possibly. If the decedent's non-exempt personal property, such as a bank account, is worth no more than the preferred funeral expenses and last-illness medical bills, any interested person can apply under Fla. Stat. § 735.301. The application lists each requested payment and attaches the funeral and medical statements or receipts (Fla. Prob. R. 5.420). The court then decides whether to authorize payment to those entitled.
Does disposition without administration work if there is a will?
Section 735.301 is not limited to estates without a will. It turns on what the decedent left: exempt personal property and non-exempt personal property within the funeral and last-illness limit. A separate procedure, Fla. Stat. § 735.304, is limited to intestate estates and applies only after the decedent has been dead more than one year.
How much money can a Florida bank release without probate?
Under Fla. Stat. § 735.303, a Florida bank may pay up to $2,000 held in the decedent's sole-name accounts, with no pay-on-death designation, to the surviving spouse or, if none, the next family member in the statutory order. Payment cannot be made earlier than 6 months after the death and requires a certified death certificate and a sworn affidavit.
Can disposition without administration transfer a house?
No. Fla. Stat. § 735.301 addresses personal property only. Real estate needs another route. A Florida homestead is usually handled by a court order determining homestead status, and other real estate typically passes through summary or formal administration. See homestead property in Florida probate.
What if the estate is worth more than the funeral and medical bills?
Then Fla. Stat. § 735.301 does not apply. Depending on the facts, the family may use the small bank account procedure (Fla. Stat. § 735.303), the intestate small-estate affidavit after one year (Fla. Stat. § 735.304), summary administration for non-exempt estates up to $150,000 (Fla. Stat. § 735.201), or formal administration.
The information on this page is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Florida law changes. Consult a licensed Florida attorney for guidance specific to your matter.
Not sure whether a small estate needs probate at all?
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