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Disposition Without Administration

Fla. Stat. § 735.301

Claim a small estate's personal property without formal probate for estates under $75,000.

Disposition Without Administration (§ 735.301) allows a surviving spouse or qualified heir to collect personal property from a small estate without going through formal probate.

Eligibility:

  • The decedent owned no real property in their sole name (real property cannot be transferred this way);
  • The only personal property is exempt property and/or the amount of funeral expenses and final medical bills equals or exceeds the estate value; OR the total non-exempt personal property is $75,000 or less;
  • The petitioner is a surviving spouse, beneficiary under the will, or heir.

File the petition in the county where the decedent resided.

Not legal advice. This wizard helps you fill out court forms. For legal advice, contact a licensed Florida attorney or visit the Florida Bar Lawyer Referral Service.