Small Estate No Will

by Mimi from Osceola County, Florida

My mother died after a brief illness. It was unexpected to her & me.

She died with no will but her assets are just clothing, old furniture, an 11 year old car & as far as I can tell just a small amount of medical bills.

She left a bank account totaling $800. Do I have to file something in Florida to have the car transferred & be able to pay her bills with the money left in her checking account?

I have siblings but they are all from out of state. I and SSI have supported her for the last 10 years. There is no real estate.

Answer to Florida Court Forms Question

Dear Mimi,

So sorry for your loss.

Yes, there is a process in Florida called Disposition Without Administration where a direct heir can file the appropriate forms to ask the court enter an order that transfers exempt property to pay for final expenses.

There are some requirements that must be met before you can use this procedure.

The Florida statutes under the Probate Code that govern small estate dispositions are 735.301 Disposition Without Administration and 735.402 Exempt Property.

Generally, you qualify to file using the small estate disposition procedure if:

• There is no real estate;

• Total value of assets is less than $6,000;

• All rightful heirs consent to this procedure; and

• If there is a will, it must be registered with the court.

From what you've stated in your question, it sounds to me that you may qualify for the Small Estate Disposition procedure.

We recommend professionally prepared forms with instructions for a Florida Disposition Without Administration from our legal forms partner USLegal.

In Osceola county, you can seek assistance from the clerk of court's office in filing your petition. See the Osceola Clerk's probate page for more information.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Small Estate No Will

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Admit Texas Will to Florida
by: Anonymous from Texas

I am an independent co-executrix of land in Florida, but the will was probated in Texas almost 3 years ago. What's the least expensive way to petition the Florida courts to admit a Texas will to record so that I can obtain clear title to the land in an attempt to sell it?

--I'm not sure you can do that. My understanding is that a will must be filed with the Clerk of the Circuit Court in the county where the decedent resided, within ten (10) days after receiving information that the person is deceased. You probably need the services of a local attorney who is familiar with probate law in Florida. --Staff

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