Florida law allows heirs to process small estates without going through probate. There are two ways to do this: “Disposition of Personal Property Without Administration” or “Summary Administration.” Let us look at how each process works.
Disposition without administration
For estates equal to or not larger than the deceased’s funeral and medical expenses, heirs can file for a Disposition of Personal Property Without Administration. This allows for the reimbursement of medical and funeral costs for the last 60 days of the deceased’s life.
To qualify for this process, the deceased’s property must not have claims from creditors and the deceased must not have left any real estate behind. To file, submit the following:
- Death certificate of the deceased
- Original will (if applicable)
- Paid funeral and medical bills
- Signed consents from heirs (if applicable)
- A list of the decedent’s assets
- Proof of payment of the court’s filing fee
- Creditor statement
The court will review the petition and, if eligible, authorize the property transfer to the petitioner.
Summary administration
For estates larger than the sum of medical and funeral expenses, amounting to $75,000 (excluding exempt property), heirs can file for Summary Administration. Heirs can file this petition only two years after the deceased’s death. To file, submit the following:
- Death certificate of the deceased.
- Original will (if applicable).
- List of the decedent’s assets and their values.
- Proof of payment of the court’s filing fee.
Again, the court will review the documents submitted and, if found eligible, will order the distribution of assets to the beneficiaries.
How about small estate affidavits?
Unlike other states, Florida does not allow small estate affidavits. Estate processing can be complex and there may be exceptions or qualifications that could apply to you. It would be best to consult a lawyer to guide you.