In Florida, when someone passes away owning only modest amounts of property and no real estate, their heirs can avail themselves of a simplified process of reimbursing final expenses and wrapping up the estate that avoids the costs, lengthier time process, and complexity of the probate court process.
Also defined as “no probate,” disposition without administration allows a person to seek reimbursement of final expenses from the estate’s assets. Under Florida Statute 735.301, this streamlined process is only available if:
- The deceased did not own any real property that needs to go through the probate process, and
- The only remaining assets in the estate are exempt from claims by other creditors or do not exceed the total cost of the final expenses.
Exempt assets referred to above include:
- Household furniture, furnishings, and appliances in the deceased’s usual place of abode up to a net value of $10,000 as of the date of death.
- All automobiles held in the deceased’s name and regularly used by the deceased or members of the deceased’s immediate family as their personal automobiles.
- Florida Prepaid College Program contracts and Florida College Savings agreements.
- Death benefits paid to teachers and school administrators.
The person seeking reimbursement must file a Disposition of Personal Property without Administration form, which can be obtained from the court clerk’s office. The form carries a small cost and requires the party to state the total amount of reimbursement requested, along with itemized documentation for those expenses, including:
- Any bills or receipts for funeral expenses;
- Medical bills for the last 60 days (if any), listed on the affidavit as paid or unpaid, or covered by insurance;
- The specific assets from which they are requesting reimbursement;
- A copy of the death certificate; and
- Original will (if applicable).
While disposition without administration is certainly a less involved process than formal or summary probate administration, it can still involve complexities that can lead to delays or denials if the proper procedures are not followed or required documentation is not provided.
At Farshchian Law, we work with individuals and families throughout the State of Florida who need assistance resolving a loved one’s estate and obtaining reimbursement for expenses through the Disposition without Administration process. Please call us at (305) 901-5628 or email us at Info@JFRealEstateLaw.com to learn more about how Farshchian Law can assist you with your probate matter.