If the decedent’s estate consists only of (i) personal property exempt from the claims of creditors under Section 732.402, Florida Statutes; (ii) personal property valued at up to $1,000.00 exempt from the claims of creditors under Art. X, § 4(a)(2) of the Constitution of Florida; and (iii) nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses ($6,000.00), and reasonable and necessary medical and hospital expenses of the last 60 days of the decedent’s last illness, it may be that no administration is necessary.
Florida Statutes § 735.301 and Florida Probate Rule 5.420 provide that, on request, the Clerk of Court will assist in the preparation of the required documents to complete the payment, transfer, or disposition of such personal property.
You should contact the appropriate Clerk of Court for more information. Sample forms for this procedure, are as follows:
1. Disposition of Personal Property Without Administration (Verified) (.doc) (.pdf)
2. Consent to Disposition of Personal Property Without Administration (.doc) (.pdf)
3. Order of Disposition of Personal Property Without Administration (.doc) (.pdf)
