Florida Statute 735.301
“Disposition without administration”
What it means
No probate is required at all when a decedent leaves only: exempt personal property under §732.402, personal property exempt from creditors under the Florida Constitution, and non-exempt personal property worth no more than the preferred funeral expenses plus the reasonable and necessary medical and hospital bills of the last 60 days of the final illness.
The process is deliberately informal — an application by affidavit, letter, or otherwise from any interested party. The court issues a letter or writing under its seal authorizing the holder to pay or transfer the property to whoever is entitled, and anyone who pays under that authorization is forever discharged from liability.
- Available only when non-exempt personal property is worth no more than preferred funeral expenses plus the last 60 days' medical and hospital bills.
- Exempt property under §732.402 and constitutionally exempt personal property don't count against the limit.
- Application is informal — affidavit, letter, or otherwise — by any interested party; no personal representative is appointed.
- The court's authorization forever discharges any person, firm, or corporation that pays or transfers property under it.
- Personal property only — this route does not administer or transfer real estate.
How it plays out
The typical file: a parent died with a checking account of a few thousand dollars, the family paid a larger funeral bill out of pocket, and the bank wants a court paper before releasing anything. Disposition without administration is that paper — we assemble the death certificate, the paid receipts, and the account statement, file the application, and the clerk's office does the rest. It only reimburses what was actually spent, so we check the arithmetic against the statute before promising anyone the account.
Where this shows up
Pages on this site where § 735.301 does real work:
Questions people ask
