SMALL ESTATES: DISPOSITION WITHOUT ADMINISTRATION
§735.301 Florida Statutes
Claims against small estates that fall within the following categories may be paid/satisfied simply by completing and
then filing this Verified Statement with the required documents and obtaining an Order of the Court. A hearing will
not be required in most cases where all requested information and documentation is presented and the Court is
satisfied that your claim is valid and compensable.
This is only when, however, a decedent leaves an estate of (a) personal property “exempt” under FL Statute
§732.402; (b) personal property exempt from creditors under the Florida Constitution; and/or (c) nonexempt
personal property less than the sum of preferred funeral expenses and reasonable medical and hospital expenses
from the last 60 days of life.
INSTRUCTIONS
You must complete all parts of this Verified Petition and attach all required documents or your claim will be denied.
Requirements for completing the VERIFIED PETITION:
1. (A) If there is a Last Will and Testament, attach it. Note: If any beneficiary other than you is named in the
Will, you must obtain a written, notarized permission Waiver and Consent for each such beneficiary. The
Waiver and Consent must state their consent for you to act on their behalf in the disposition of the
Decedent’s estate. A Waiver and Consent form is included in this packet for your convenience. Make as
many copies of this form as your situation requires.
(B) If there is not a Last Will and Testament you must obtain a written, notarized permission Waiver and
Consent from all heirs. The Waiver and Consent must state their consent for you to act on their behalf in
the disposition of the Decedent’s estate. (A Waiver and Consent form is included in this packet for your
convenience. Make as many copies of this form as your situation requires.)
2. Attach a certified copy of the Death Certificate.
3. Attach a copy of receipt(s) showing payment in full of all funeral expenses and all medical expenses
incurred within the last sixty (60) days of the Deceased’s life. Claims made for funeral or final medical
expenses will be approved as reimbursements only.
4. Attach payment payable to the Clerk of the Circuit Court for the filing fee of $235.00.
5. Attach all available documentation supporting the asset(s) claimed. For example, copies of:
• A policy
• A contract
• Bill of sale
• A bond or other asset
held in denominations
•
Correspondence
• An account statement
• Receipts and other evidence of the
asset’s existence and ownership
6. BRING PHOTO ID. The Clerk requires photo ID to witness the Petitioner’s signature.
7. There are limitations on who may claim what property and how much. Personal property claimed by
persons other than the surviving spouse, children or heirs shall not exceed the sum paid for preferred
funeral and reasonable medical and hospital expenses.
You must bring this completed Verified Petition WITH ALL REQUIREMENTS OUTLINED ABOVE to:
Clerk of the Circuit Court
Attention: Civil
350 E. Marion Ave.
Punta Gorda, FL 33950
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
IN RE: Estate of
_______________________________________
Case No: _____________
VERIFIED PETITION FOR DISPOSITION
OF PERSONAL PROPERTY WITHOUT ADMINISTRATION
(You must complete all blanks & attach all documents required or your claim will be denied.)
COMES NOW the Petitioner who states:
1. My name is ___________________________________________________________________________.
I live at _______________________________________________________________________________.
My date of birth is _____________________ and my social security number is _____________________.
My relationship to the deceased is __________________________________________________________.
2. The deceased died on the ____ day of _____________________________, 20____, at the age of ____, a
resident of _________________________________________. The last known address of the deceased was
_____________________________________________________________________________________.
3. Choose one:
The deceased died without a Will.
The deceased’s Will was filed with the Clerk on ____ day of ______________________, 20____.
The deceased’s Will is attached.
4. List the requested information about survivors of the deceased in the space provided as to: the surviving
spouse, all living children (natural or adopted), all living siblings related by blood, any living parent, and, if
there is a Will, all beneficiaries listed in the Will.
Continue on separate paper clearly marked #4 and attach if necessary.
Name Address/Phone Relationship
Age
(DOB if minor)
5. List all expenses incurred for funeral, burial, cremation, or other disposition of remains.
Continue on separate paper clearly marked #5 and attach if necessary; attach a “paid” receipt for each expense.
Name/Address Expense Type
Paid
Amount
Balance
Due
Total Paid Funeral Expenses: __________________________
6. List all medical and hospital expenses incurred by the deceased within the last sixty (60) days of life.
Continue on separate paper clearly marked #6 if necessary; attach a copy of the explanation of benefit letter(s) (if
there was insurance or other source of benefits) OR an itemized account statement from the medical provider(s) for
all listed expenses showing each has been paid.
Name/Address
Expense
Amount
Date(s) of
Service
Paid
Amount
Balance
Due
Total Paid Medical/Hospital Expenses: __________________________
7. Assets of the estate that may be claimed without administration must fall into one of the following
categories:
• Category (A) is only for a surviving spouse or child(ren) of the deceased; it provides for them the
household furniture, furnishings, and appliances from the deceased’s usual place of abode up to a
total value of $20,000.00;
• Category (B) is only for the surviving spouse or heirs [not necessarily limited to child(ren)] for
any personal property the collective value of which is less than $1,000.00; and/or
• Category (C) is for any interested party and includes personal property up to the total amount of
paid “preferred funeral expenses” and paid “reasonable medical and hospital expenses” incurred
by the deceased within the last sixty (60) days of life.
List the following information about the deceased/estate. Attach any documentation you may have pertaining to
each asset. For example: bill of sale, appraisal, account statement, account or policy numbers, policy, etc.
IF THE CLAIMANT IS A SURVIVING SPOUSE OR NATURAL OR ADOPTED CHILD (INCLUDING
ADULT CHILDREN) OF THE DECEASED:
(A)(1) Household furniture, furnishings and appliances kept at the deceased’s usual place of abode up to a
value of $20,000.00. Continue on a separate paper (and attach) if necessary.
Description Location
Value at time
of death
Total Household Items Value: __________________________
(A)(2) Motor vehicles, as defined in FL Statute §316.003, up to 15,000 lbs each held in the decedent’s
name and used primarily as family or personal vehicles (up to two maximum).
Description
Location
Used for
(A)(3) Qualified tuition savings accounts, i.e. “529 accounts” including Florida Pre-paid College Trust
Fund advance payment contracts and participation agreements.
Account/Program Institution Beneficiary(ies)
Present
Value
Name:
_____________________________________
Address: _____________________________
Phone: _______________________________
Name: ______________________
Phone: ______________________
Name:
_____________________________________
Address: _____________________________
Phone: _______________________________
Name: ______________________
Phone: ______________________
Name:
_____________________________________
Address: _____________________________
Phone: _______________________________
Name: ______________________
Phone: ______________________
(A)(4) Teacher/School Administrator benefits pursuant to FL Statute §112.1915
Benefit Description Location
Present
Value
A) IF THE CLAIMANT IS A SURVIVING SPOUSE OR HEIR: Personal property exempt from creditors
under the Article X, §4(a)(2) of the Florida Constitution (up to $1,000.00).
Asset Description Location
Present
Value
B) ANY I
NTERESTED PARTY: Other personal property which does not exceed the sum of the amount of
paid preferred funeral expenses listed in #5, above (and shown in the attached receipts or other proof of
payment) and paid reasonable medical and hospital expenses incurred within the last sixty (60) days of life
as listed in #6, above (and shown in the attached receipts or other proof of payment).
Asset Description Location
Present
Value
Total Other Property: __________________________
8. Was the deceased expecting, at the time of death, an income tax refund for the prior calendar year?
YES
NO
9. I, the Petitioner, hereby seek distribution of the following assets of the estate without administration in the
following manner:
Name/Address
Asset Description
Value
Under penalties of perjury I declare that I have read the foregoing and the facts alleged are true and correct to the
best of my knowledge and belief.
____________________________________________________________
Signature of Petitioner
Print Name: _________________________________________________
Address: ____________________________________________________
City, State, Zip: ______________________________________________
Telephone: __________________________________________________
Sworn and subscribed before me this ____ day of _____________________________, 20____, by
__________________________________________________, who is ___ personally known to me or ___ produced
_____________________________________________________________ as identification and who took the oath.
____________________________________________
Notary Public
_____________________________________________
Typed or Printed Name
My Commission expires: _______________________
(seal)
OR
Sworn and subscribed before me this ____ day of _____________________________, 20____.
ROGER D. EATON
CLERK OF THE CIRCUIT COURT
AND COUNTY COMPTROLLER
By: __________________________
Deputy Clerk
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
IN RE: Estate of
Case No._____________
_______________________________________
(Name of Deceased)
WAIVER AND CONSENT FORM
ESTATE OF _________________________________________________________________________, deceased.
My name is _____________________________________________________________, (name of interested party).
I reside at ____________________________________________________________________________________.
My relationship with the deceased is _______________________________________________________________.
I hereby waive all my rights, title, and interest to the assets of the estate in favor of the estate of
______________________________________________________________________________ (claimant’s name)
to enable them to pay the expenses and/or receive the proceeds of the estate of the above-named decedent.
____________________________________________
Signature (Interested Party)
____________________________________________
Signature of Witness
____________________________________________
Printed Name (Interested Party)
____________________________________________
Printed Name of Witness
Date: _________________________
Date: _________________________
Address/Phone of Interested Party: ______________________________________________________________
FLORIDA STATUTES:
§735.301 Disposition without administration –
1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving
only personal property exempt under the provisions of §732.402, personal property exempt from the claims
of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not
exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and
hospital expenses of the last 60 days of the last illness.
2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is
satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court,
may authorize the payment, transfer, or disposition of the personal property, tangible or intangible,
belonging to the decedent to those persons entitled.
3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall
be forever discharged from liability thereon.
§732.402 Exempt property –
1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no
surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as
provided in this section, to be designated “exempt property.”
2) Exempt property shall consist of:
a) Household furniture, furnishings, and appliances in the decedent’s usual place of abode up to a net
value of $20,000 as of the date of death.
b) Two motor vehicles as defined in §316.003, which do not, individually as to either such motor
vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and
regularly used by the decedent or members of the decedent’s immediate family as their personal
motor vehicles.
c) All qualified tuition programs authorized by §529 of the Internal Revenue Code of 1986, as
amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment
contracts under §1009.98 and the Florida Prepaid College Trust Fund participation agreements
under §1009.981.
d) All benefits paid pursuant to §112.1915.
3) Exempt property shall be exempt from all claims against the estate except perfected security interests
thereon.
4) Exempt property shall be in addition to protected homestead, statutory entitlements, and property passing
under the decedent’s Will or by intestate succession.
5) Property specifically or demonstratively devised by the decedent’s Will to any devisee shall not be included
in exempt property. However, persons to whom property has been specifically or demonstratively devised
and who would otherwise be entitled to it as exempt property under this section may have the court
determine the property to be exempt from claims, except for perfected security interests thereon, after
complying with the provisions of subsection (6).
6) Persons entitled to exempt property shall be deemed to have waived their rights under this section unless a
petition for determination of exempt property is filed by or on behalf of the persons entitled to the exempt
property on or before the later of the date that is 4 months after the date of service of the notice of
administration or the date that is 40 days after the date of termination of any proceeding involving the
construction, admission to probate, or validity of the Will or involving any other matter affecting any part
of the estate subject to this section.
7) Property determined as exempt under this section shall be excluded from the value of the estate before
residuary, intestate, or pretermitted or elective shares are determined.
Florida Constitution:
Article X, Section 4 (in relevant part) – Homestead; exemptions
a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution
shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for
the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor
performed on the realty, the following property owned by a natural person:
2) personal property to the value of one thousand dollars.
b) These exemptions shall inure to the surviving spouse or heirs of the owner.
Florida Probate Rules:
RULE 5.420 - DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION
a) Application. An interested person may request a disposition of the decedent’s personal property without
administration. An application signed by the applicant shall set forth: (1) the description and value of the
exempt property; (2) the description and value of the other assets of the decedent; (3) the amount of
preferred funeral expenses and reasonable and necessary medical and hospital expenses for the last 60 days
of the last illness together with accompanying statements or payment receipts; and (4) each requested
payment or distribution of personal property.
b) Exempt Property. If the decedent’s personal property includes exempt property, or property that can be
determined to be exempt property, the application must also be signed by all persons entitled to the exempt
property or by their representative.
c) Preparation. On request, the clerk shall assist the applicant in the preparation of the required writing.
d) Disposition. If the court is satisfied that disposition without administration is appropriate, the court may,
without hearing, by letter or other writing authorize the payment, transfer, or disposition of the decedent’s
personal property to those persons entitled to it.
CHECKLIST FOR REQUIRED DOCUMENTS
Have you attached the following required documents to this Verified Petition?
1. The LAST WILL and TESTAMENT (if there is one).
2. Receipts/statements/etc. showing all funeral expenses and indicating that all have been paid in full.
3. Receipts/statements/etc. showing all medical expenses incurred in the last sixty (60) days of life and
indicating that all have been paid.
4. Waiver and Consent form for
(a) each beneficiary listed in the Will or for
(b) each heir if there is no Will.
5. Certified copy of the death certificate.
6. Payment of $235.00 made payable to the Clerk of the Circuit Court.
7. All documents showing the assets claimed – both existence and ownership. (For example: A policy, an
account statement, a bond or other asset held in denominations, a stock certificate, bill of sale, receipt, etc.)
8. BRING PHOTO ID WITH YOU!
