Florida’s disposition of personal property without administration lets certain small estates skip probate entirely. The shortcut lives in Section 735.301 of the Florida Statutes, and it works only when the decedent left no real estate and the personal property is either exempt or worth no more than the funeral and last-illness medical bills the estate owes.1Justia Law. Florida Code Title XLII Chapter 735 Part II – Section 735-301 If the estate fits, any interested person — a surviving spouse, a child, another beneficiary, or even a creditor owed money — can apply.
The Three Eligibility Conditions
All three have to be true. Miss one and this process is unavailable.
No Florida real property. If the decedent owned a house, a condo, a vacant lot, or even a partial interest in real estate, Section 735.301 is off the table regardless of how modest the overall estate looks. You’ll need summary administration or formal probate instead.
The right kind of personal property. The estate must consist of property exempt under Florida’s probate code (Section 732.402), property exempt from creditor claims under the Florida Constitution, or nonexempt personal property that fits under the dollar ceiling described next.1Justia Law. Florida Code Title XLII Chapter 735 Part II – Section 735-301
An expense-based cap on nonexempt property. Here’s where people stumble. The statute sets no flat dollar limit on the estate’s total value. Instead, the nonexempt personal property can’t exceed the combined total of preferred funeral expenses and reasonable medical and hospital bills from the last 60 days of the decedent’s final illness. If the hospital was owed $8,000 and the funeral ran $7,000, up to $15,000 of nonexempt personal property can pass through. If the funeral was prepaid and there were no final medical bills, the ceiling is zero and only exempt property qualifies.
What Counts as Exempt Property
Exempt property under Section 732.402 goes to the surviving spouse. If there is no surviving spouse, it goes to the decedent’s children. Siblings, parents, nieces, nephews, and other relatives have no claim to exempt property under this statute.2The Florida Legislature. Florida Statutes 732.402 – Exempt Property
The categories are narrower than most people assume:
- Household furniture, furnishings, and appliances from the decedent’s usual home, up to a net value of $20,000 as of the date of death. Anything above $20,000 is nonexempt and eats into the expense ceiling.
- Up to two motor vehicles, each held in the decedent’s name, regularly used by the decedent or immediate family, and weighing no more than 15,000 pounds gross vehicle weight. A third car, a heavy commercial truck, or a large RV won’t qualify.
- Florida 529 prepaid college plans and qualified tuition program participation agreements.
These assets are shielded from claims against the estate except perfected security interests. A lender with a valid lien on a vehicle can still enforce the lien.2The Florida Legislature. Florida Statutes 732.402 – Exempt Property Personal effects like jewelry, clothing, and collections aren’t listed as exempt under Section 732.402, so if those items have real value, they count as nonexempt.
The Florida Constitution adds a separate exemption for personal property up to $1,000 from forced sale by creditors, and that protection passes to the surviving spouse or heirs.
How to File
Section 735.301 is deliberately informal. The application can be made “by affidavit, letter, or otherwise.”1Justia Law. Florida Code Title XLII Chapter 735 Part II – Section 735-301 No formal petition is required, and most people don’t hire an attorney. Many county clerks provide a standardized form that walks you through the information the court needs, though the statute doesn’t require any particular format.
File with the probate division of the circuit court in the county where the decedent lived. Whatever format you use, the application has to give the court enough to confirm the statutory requirements: who the decedent was, that no real property exists, what personal property the estate contains and its approximate value, and how the nonexempt portion compares to the funeral and medical bills.
Documents to Bring
Plan on providing:
- A certified copy of the death certificate.
- An itemized statement from the funeral home showing charges and what has been paid.
- Medical and hospital bills from the final 60 days of the decedent’s illness.
- Proof you personally paid any of those expenses, if you’re seeking reimbursement — a canceled check, bank statement, or credit card receipt tying the payment to you.
- Documentation of your relationship to the decedent if you’re claiming exempt property as a surviving spouse or child.
If the court is satisfied, it issues a written authorization under the court’s seal directing the transfer of the decedent’s personal property to the people entitled to receive it.1Justia Law. Florida Code Title XLII Chapter 735 Part II – Section 735-301 That order is what you take to banks, the DMV, insurance companies, and anyone else holding assets. Without it, those institutions have no legal basis to release anything.
Filing Costs
Fees vary by county. Palm Beach County, for example, charges $232 for a disposition of personal property without administration. Check your county clerk of court’s fee schedule before filing. If documents need notarizing, Florida notaries can charge up to $10 per notarial act in person or up to $25 for remote online notarization. These costs sit well below what a formal probate would run.
A Related Option for Older Intestate Estates
Section 735.304 opens a parallel path when the decedent died without a will and has been dead for more than one year. No administration is required if the estate contains only exempt property, constitutionally protected property, and nonexempt personal property worth no more than $10,000 plus the funeral and last-illness medical expenses.3Florida Senate. Florida Statutes Chapter 735 Section 304 – Disposition Without Administration of Intestate Property in Small Estates That extra $10,000 of headroom is the main advantage over Section 735.301.
In exchange, the procedure asks for more. The applicant files an affidavit signed and verified by the surviving spouse (if any) and all heirs at law, though an heir receiving a full intestate share under the proposed distribution doesn’t have to sign. Before filing, you must conduct a diligent search for known or reasonably identifiable creditors and either pay them or get their consent to the proposed distribution. The affidavit must then be served on any non-joining heirs, all known creditors, and the Agency for Health Care Administration if the decedent was over 55 at death.3Florida Senate. Florida Statutes Chapter 735 Section 304 – Disposition Without Administration of Intestate Property in Small Estates
The AHCA notice exists because of Florida’s Medicaid estate recovery program. If the decedent received Medicaid, the state may have a claim against nonexempt property in the estate; exempt property under Section 732.402 is shielded. Recovery is barred entirely if the decedent is survived by a spouse, a child under 21, or a blind or disabled child of any age.4Medicaid.gov. Estate Recovery
When This Won’t Work
If the estate includes real property, exceeds the expense-based ceiling, or involves a will directing formal administration, you’ll need a different route. Florida’s next-simplest option is summary administration under Section 735.201, available for estates up to $75,000 in value after subtracting exempt property, or for any estate when the decedent has been dead more than two years.5Florida Senate. Florida Statutes Chapter 735 Section 201 – Summary Administration; Nature of Proceedings Summary administration handles both testate and intestate estates and can include real property. It requires a formal petition, usually involves an attorney, and takes more procedural steps. When Section 735.301 or 735.304 fits, it’s almost always faster and cheaper.
Common Pitfalls
Real property is the trap people fall into first. Any Florida real estate in the decedent’s name — any amount, any value, even a fractional interest — ends the inquiry. Section 735.301 doesn’t apply.
Misreading who gets exempt property comes next. Siblings, parents, and extended family sometimes assume they’re entitled to the decedent’s furniture, car, or 529 plan. Under Section 732.402, only the surviving spouse qualifies, or the children if there’s no surviving spouse.2The Florida Legislature. Florida Statutes 732.402 – Exempt Property An unmarried, childless decedent might still qualify for disposition without administration, but nothing passes as “exempt” — the property would have to move through another channel.
Finally, people underestimate nonexempt personal property. A coin collection, power tools, a boat too heavy for the motor vehicle exemption, jewelry, furniture above the $20,000 cap — all of it counts as nonexempt. Add it up honestly against the funeral and last-illness medical bills before you file. If it exceeds that total under Section 735.301, or exceeds that total plus $10,000 under Section 735.304, the estate needs a different probate path.