Laws
- Days After Death – No exact section of the Florida statutes determines the number of days that must go by before filing an affidavit.
- Maximum Amount ($) – For summary administration, the process is available for non-exempt assets with a total value of less than $75,000.[1] For the disposition of personal property without administration, the process is only available to transfer assets up to the value of final expenses incurred, accounting for funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.[2]. If the decedent died intestate, meaning without a will, the value may not exceed $10,000.[3] If the decedent had a will, there is no statutorily specified maximum amount. However, Florida law does give a surviving spouse or the decedent’s children an automatic right to “exempt” property in the estate, including (i) furniture and appliances, worth up to $20,000; (ii) up to two motor vehicles that were regularly used by decedent’s family; (iii) funds kept in college savings accounts.[4] A home lived in by the decedent is also automatically exempt.[5]
- Publication – For summary administration, notices to creditors containing the name of the decedent, identifying information for the estate, and contact information for the court handling the petition must be published once a week for two consecutive weeks in a newspaper in the county where the petition will be filed. If there is no newspaper there, then using a newspaper of general circulation in the county. The notice should contain contact information for an estate representative and the dates by which a creditor must act.[6]
- Signing Requirements – Must be signed by the surviving spouse, if any, or any petitioning beneficiaries. For decedents who had a will, summary administration petitions must be signed by other beneficiaries not joining in the petition, or if not include proof that they have been noticed.[7] Though it may depend on the county, petitions usually require notarization.
- Statutes – Summary Administration (Chapter 735, Part I); Disposition of Personal Property Without Administration (Chapter 735, Part II)
How to File for Disposition of Personal Property (3 steps)
Petition for Disposition of Personal Property Without Administration: PDF
1. Assess Final Expenses
Because the disposition is only available to cover expenses, it’s essential to know what costs were incurred. This can include medical bills and funeral expenses. Figure out whether any money is still owed, and whether any of the decedent’s heirs or successors who have already paid expenses will be seeking reimbursement.
3. File the Form
The form should be submitted to the clerk in the county in which the decedent lived. Use this Court Locator to see where to find the appropriate location.
How to File for Summary Administration (4 steps)
Petition for Summary Administration: PDF, MS Word, ODT
1. Evaluate Assets
Summary administration is only available for estates with a total value of less than $75,000. Make a list of all of the decedent’s property, and ensure that the total value is less than this. Florida, unlike many other states, allows real property (meaning land and fixtures) to be included. When calculating, deduct the value of any debts or encumbrances.
2. Notify Beneficiaries
If the decedent had a will, this will require examining it. Verify that the will did not call for full administration. (If it did, summary administration is not an option.) Then look at who is named as a beneficiary. All beneficiaries must be notified and, if possible, sign the completed petition. If the decedent died without a will, then consult the Florida rules for intestate succession to see who is eligible for distribution.
3. Notify Creditors
Petitions for summary administration may only be submitted after creditors have been properly notified. Known creditors should be sought out, informed of the petition, and any remaining debt settled, if possible, before the petition is filed. This requirement also includes publishing a notice in a newspaper adhering to the requirements described above, to reach unknown creditors. The petition may be filed once the notice has run for two consecutive weeks, and creditors have up to three months after the petition has been filed to submit claims against the estate.
4. File the Petition
The petition should be submitted to the clerk in the county in which the decedent lived. Use this Court Locator to find the appropriate location. The petition may be filed at any time that it qualifies. A court will evaluate the petition, prove the will if there is one, and enter orders for distribution.