Ocala, FL Disposition of Personal Property Without Administration
Probate law can be complex and is often a long process for the decedent’s heirs and beneficiaries. Because of this, states have developed methods that simplify the traditional probate process for smaller estates. If an estate is very small, it might qualify for a small estate proceeding, also known as disposition of personal property without administration, in the State of Florida. It permits an heir or beneficiary to petition the court to simply transfer the estate. At Schatt Hesser Mcgraw, a probate law firm in Ocala, FL, we can help guide you through the process.
What is Disposition Without Administration in Florida?
Disposition of personal property without administration is a process that allows the person who paid for a decedent’s final expenses, be it funeral expenses or medical and hospital expenses from an illness, to be reimbursed through the assets of the decedent’s estate. A person would qualify for the process only if no real estate was left by the decedent and either the decedent’s assets do not exceed the total amount of expenses, or personal property is exempt from the claims of creditors. Although this process avoids the lengthy procedures of probate, it has its risks and can be impractical at times. For this reason, it is important to have an Ocala probate lawyer who understands the process alongside you so that you may make the best decision for your case.
How to Apply for Disposition Without Administration
To request reimbursement of your expenses through this process a “Disposition of Personal Property Without Administration” form must be filed with the court. If the court deems that the case does in fact qualify for disposition without administration, it will, under the seal of the court, authorize the payment, transfer, or disposition of the decedent’s personal property to the entitled person. The things needed for the process to take effect include:
- A notarized petition of disposition without administration
- The decedent’s death certificate
- The decedent’s original will, if it applies
- A copy of the paid funeral bills
- A copy of the paperwork listing the decedent’s assets
- A copy of the bills and receipts for the medical expenses of the last 60 days
- Signed consents from any additional heirs
- A creditor statement
- The circuit court’s filing fee
- If applicable, a statement affirming that the decedent was neither married nor had children
After completing all the necessary forms, they must be filed with the clerk along with the application fee. Application fees may vary depending on the court. The submitted forms may have to be sworn to before a notary public or the deputy clerk. Once all the documents are filed, they will be delivered to the judge and a certified copy of the order to distribute assets should be provided to you. The certified copy will then need to be shown to the financial institution by you.
Probate Attorneys in Ocala, FL
At Schatt Hesser Mcgraw, we can provide you with a reliable Ocala attorney to oversee and guide your disposition without administration case, or suggest the best course of action for your case. Distributing assets and probate law can be complicated, we are here to make everything easier on you during these emotional times, contact us for a consultation.