Small Estate No Will

by Mimi from Osceola County, Florida

Small Estate No Will: 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.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
Free Family Lawyer Referral

See These Related Florida Court Forms FAQ Pages

Back to Top
Go to Florida Adoption FAQs
Go to Florida Business FAQs
Go to Florida Divorce FAQs
Go to Florida Child Custody FAQs
Go to Florida Child Support FAQs
Go to Florida Child Visitation FAQs
Back to Florida Court Forms from Small Estate No Will