Smallest estates · exempt-only assets

Disposition Without Administration

Final-expense reimbursement. No probate proceeding.

Disposition without administration is the smallest, simplest path through Florida "probate" — and technically it isn't probate at all. There's no court proceeding, no PR appointment, no creditor period. It's a one-time petition that lets a family member recover the cost of final expenses (funeral, burial, last illness) directly, when the estate is otherwise just exempt property.

The use case is narrow but real. If the only non-exempt asset in the estate is a small bank account — say, $3,000 — and you paid $5,000 for the funeral, you can file for disposition. The court orders the bank to release the funds to you to reimburse those expenses. No probate opened. No estate administered. Done.

There is a second, separate route people miss. Where the person died intestate more than a year ago and left no more than $20,000 of non-exempt personal property on top of exempt property and those final expenses, §735.304 says no administration is required at all. That ceiling doubled from $10,000 for deaths on or after July 1, 2026. And for a bank account alone, §735.303 now lets a financial institution pay a family member up to $2,000 on an affidavit six months after the death, with no court involvement of any kind.

Most people don't qualify for this path — it's intentionally limited. But when it fits, it's the cheapest, fastest option Florida offers.

The fit

Who qualifies

§735.301 route — the estate is exempt property plus non-exempt personal property worth no more than the preferred funeral expenses plus the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. There is no flat dollar cap in this section; the ceiling is whatever those bills actually were.
§735.304 route (intestate only) — exempt property plus non-exempt personal property of $20,000 or less, on top of those same funeral and last-illness expenses. Raised from $10,000 for deaths on or after July 1, 2026 (CS/HB 1337, ch. 2026-57). Requires the death to be more than a year ago with no administration pending.
You (the petitioner) actually paid the final expenses and have receipts
No real property in the estate (this path doesn't transfer real estate)

The work

What we handle

Your flat fee covers everything below. No surprise invoices, no “billable hours” anxiety — the price is the price.

Verify your facts qualify under FS 735.301, or FS 735.304 if the death was intestate and over a year ago
Draft the Petition for Disposition Without Administration
Attach receipts and proof of payment for final expenses
File with the court — usually one filing, no hearing
Order from the court directing release of funds
Coordinate with the bank or holder to release assets to you

The process

How it works, step by step

01
Free consult — confirm fit
We check the assets, the expenses, and your standing. Most calls take 15 minutes. If disposition fits, we move straight to engagement. If it doesn't, we'll tell you which path does.
We handleHonest about whether disposition is right — we'll route you to summary or formal if those fit better.
02
Gather receipts + petition
You send us the funeral bill, the medical bills, proof of payment. We draft the petition with everything attached. You sign electronically.
We handleEncrypted upload portal. We confirm we've got everything.
03
File + court order
We file the petition. Most counties process in 2–6 weeks without a hearing. The court issues an order directing the bank or holder to release funds.
We handleWe track the docket and update you weekly.
04
Funds released — done
We send the order to the bank. Funds release to you, usually within a week. Closing letter follows.
We handleWe coordinate with the bank directly when they're cooperative — fewer phone trees for you.

The pitfalls

What we watch for

Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.

Real estate in the estate. Disposition can't transfer title to a house. If there's any real property, you need summary or formal administration.
Receipts you don't have. The court needs proof of payment for the expenses you're claiming. Cash payments without receipts are difficult to substantiate.
Creditors with valid claims. If a credit card or hospital wants payment, disposition isn't designed to address them. Summary administration with notice to creditors is usually the right path.

The FAQ

Questions families ask us

Why is this so much cheaper than summary administration?+−

It's a single filing with no creditor period, no inventory, no PR. We're essentially asking the court to direct one bank to release one account. When it fits, it's the simplest motion in Florida probate.

Can I do this myself?+−

Some petitioners do, especially with very small estates. The forms are publicly available. Where we add value: verifying eligibility, attaching the right documentation, and getting the order signed without a back-and-forth from the clerk.

How long does it take?+−

4–8 weeks in most counties. Sarasota, Manatee, and Pinellas tend to be on the faster end. Larger urban counties (Miami-Dade, Broward) sometimes take 8–10.

— From Rachel

Disposition is the right path for a small set of estates — usually a parent or spouse with very limited assets and a funeral bill that exceeds them. If that's your situation, we'll get it filed quickly and at a price that doesn't add to what's already a hard month.