Disposition Without Administration
Transfer of exempt and small amounts of personal property without opening an estate.
Chapter 735, part II, Florida Statutes, lets certain personal property pass without opening an estate. Four provisions apply, each with its own limit: § 735.301, Fla. Stat. (2026) for exempt property and final bills, § 735.304, Fla. Stat. (2026) for small intestate estates, § 735.303, Fla. Stat. (2026) for bank accounts, and § 735.302, Fla. Stat. (2026) for a federal income tax refund.
Ch. 2026-57 raised three of the limits, effective July 1, 2026: § 735.302 from $2,500 to $5,000, § 735.303 from $1,000 to $2,000, and § 735.304 from $10,000 to $20,000 (Ch. 2026-57, §§ 8 to 10, Laws of Fla.). The act text has no separate provision on which deaths it covers.
These routes cover personal property. Real property is outside them (§ 735.301(1); § 735.304(1)).
Routes compared
| Route | Property and limit | Who applies and when | Court action | Source |
|---|---|---|---|---|
| Exempt property and final bills | Personal property exempt under § 732.402, personal property exempt from creditors under the Constitution, and nonexempt personal property not above the preferred funeral expenses plus reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. | Any interested person, by informal application. | The court, if satisfied, authorizes payment, transfer or disposition by letter or other writing under the seal of the court. | § 735.301; Fla. Prob. R. 5.420 |
| Small intestate estate | The same exempt property, plus nonexempt personal property of $20,000 or less in addition to the funeral and last-illness amounts above. The decedent died intestate and has been deceased for more than 1 year, with no administration pending in Florida. | Any heir at law entitled to a share, by affidavit signed and verified by the surviving spouse and the heirs at law (an heir taking a full intestate share need not join). | The court, if satisfied, authorizes distribution by letter or other writing under the seal of the court. | § 735.304; Fla. Prob. R. 5.425 |
| Bank accounts | Funds in the decedent's qualified accounts, which are deposit accounts and certificates of deposit in the decedent's sole name with no pay-on-death or other survivor designation, up to $2,000 in total at the institution. The affidavit also states that all qualified accounts known to the affiant total no more than $2,000. | A family member: the surviving spouse; if none, an adult child; if none, an adult descendant; if none, a parent. Payment may not be made earlier than 6 months after the death. | None. The financial institution pays on a certified death certificate and the sworn affidavit. | § 735.303 |
| Federal income tax refund | An overpayment of federal income tax, not above $5,000, due a person who is dead at the time of refund. | The surviving spouse on verified application, or if none, one of the decedent's children designated in a verified application executed by all the children over age 14. | None. The U.S. Treasury Department pays the refund on the verified application. The application shows that the decedent owed no debts or provision was made, or that the estate is wholly exempt, and that no administration has been started or is planned. | § 735.302 |
What these routes do not cover
- Real property. Section 735.301(1) and § 735.304(1) address personal property only, so title to a house or land needs another procedure (§ 735.301(1); § 735.304(1)). See Summary Administration and Formal Administration.
- Testate estates under § 735.304. That section applies to a decedent who died intestate (§ 735.304(1)). Section 735.301 does not mention a will, and the 14th Judicial Circuit's verified statement form has a box for a will deposited with the clerk.
- Bank accounts with a survivor or pay-on-death designation. A qualified account under § 735.303 has no pay-on-death or other survivor designation (§ 735.303(1)(b)).
- Accounts above $2,000. The aggregate cap is $2,000 at the financial institution, and the affidavit states the total across all institutions known to the affiant (§ 735.303(2) and (3)(c)).
- Knowledge of a will. The § 735.303 affidavit states that the affiant has no knowledge of any last will or other document relating to the distribution of the estate (§ 735.303(3)(e)).
- Pending administration. The § 735.303 affidavit states that no personal representative has been appointed and no probate or summary administration has been started. Section 735.304 requires that no administration be pending in Florida (§ 735.303(3)(d); § 735.304(1)).
What counts as exempt personal property
- Statutory exempt property. Household furniture, furnishings and appliances in the usual place of abode up to a net value of $20,000, two motor vehicles that meet the statute's description, qualified tuition programs and certain benefits. It goes to the surviving spouse or, if there is none, to the children, when the decedent was domiciled in Florida (§ 732.402(1) and (2)).
- Constitutional exemption. The Constitution exempts "personal property to the value of one thousand dollars" owned by a natural person, and the exemption passes to the surviving spouse or heirs (Art. X, § 4(a)(2) and (b), Fla. Const.).
- Local practice. The 17th Judicial Circuit's checklist asks an applicant who claims property as exempt under § 732.402 to be the surviving spouse or a child, with consents from the other children. It asks an applicant who claims the constitutional amount to be the surviving spouse or an heir. It asks an applicant who claims nonexempt assets to file proof of payment of the funeral expenses and of the medical expenses of the last 60 days of the last illness. For reimbursement of preferred funeral expenses it states that the nonexempt assets sought must not exceed $6,000.
- Funeral expenses in the order of payment. Reasonable funeral, interment and grave marker expenses are class 2 in the order of payment in a formal administration, up to $6,000 in total (§ 733.707(1)(b)).
Application under § 735.301
Fla. Prob. R. 5.420 (Oct. 15, 2026 ed.) governs the application. An interested person signs an application that sets out the items below.
| Part | What it requires | Source |
|---|---|---|
| (a)(1) | The description and value of the exempt property. | Fla. Prob. R. 5.420(a)(1) |
| (a)(2) | The description and value of the other assets of the decedent. | Fla. Prob. R. 5.420(a)(2) |
| (a)(3) | The amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses for the last 60 days of the last illness, with statements or payment receipts. | Fla. Prob. R. 5.420(a)(3) |
| (a)(4) | Each requested payment or distribution of personal property. | Fla. Prob. R. 5.420(a)(4) |
| (b) | If the property includes exempt property, all persons entitled to it, or their representative, also sign. | Fla. Prob. R. 5.420(b) |
| (c) | On request, the clerk helps the applicant prepare the required writing. | Fla. Prob. R. 5.420(c) |
| (d) | If the court is satisfied, it may, without a hearing, authorize the payment, transfer or disposition by letter or other writing. | Fla. Prob. R. 5.420(d) |
| Death record | A copy of an official record of death is filed with the application. | Fla. Prob. R. 5.205(a)(4) |
Affidavit under § 735.304
Fla. Prob. R. 5.425(b) (Oct. 15, 2026 ed.) lists the contents of the heir's affidavit.
| Item | The affidavit states | Source |
|---|---|---|
| 1 | The decedent died intestate and, after reasonable diligence, the affiant is unaware of any unrevoked will or codicil. | Fla. Prob. R. 5.425(b)(1) |
| 2 | The decedent has been deceased for more than 1 year. | Fla. Prob. R. 5.425(b)(2) |
| 3 | The decedent left only exempt personal property and nonexempt personal property not above $20,000, in addition to the funeral and last-illness amounts. | Fla. Prob. R. 5.425(b)(3) |
| 4 | A description of all assets subject to distribution and their values. | Fla. Prob. R. 5.425(b)(4) |
| 5 | The amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. | Fla. Prob. R. 5.425(b)(5) |
| 6 | That no administration of the estate is pending in Florida. | Fla. Prob. R. 5.425(b)(6) |
| 7 | The relationship, name and address of each person signing. | Fla. Prob. R. 5.425(b)(7) |
| 8 | The decedent's name and last known address, last 4 digits of the Social Security number, date and place of death, and state and county of domicile. | Fla. Prob. R. 5.425(b)(8) |
| 9 | So far as is known, the surviving spouse and the heirs, their relationship to the decedent, and the year of birth of any minors. | Fla. Prob. R. 5.425(b)(9) |
| 10 | Either that all claims against the estate are barred, or that a diligent search and reasonable inquiry was made and the estate is not indebted, or each creditor's name, address, debt, amount and due date with any payment arrangement. | Fla. Prob. R. 5.425(b)(10) |
| 11 | A schedule of proposed distribution of all intestate personal property. | Fla. Prob. R. 5.425(b)(11) |
| Service | The affidavit is served in the manner of formal notice on all heirs at law who did not join, all known or reasonably ascertainable creditors, and, if the decedent was over 55 at death, the Agency for Health Care Administration. | Fla. Prob. R. 5.425(c) |
| Order | If the affidavit meets the statute, the court, by letter or other writing under its seal, authorizes the payment, transfer, delivery or assignment of the personal property. | Fla. Prob. R. 5.425(d) |
Steps for the court routes
- 01
Total the personal property and the bills
List exempt property and the other personal property with values, and gather statements or receipts for funeral expenses and the medical and hospital expenses of the last 60 days of the last illness (Fla. Prob. R. 5.420(a); Fla. Prob. R. 5.425(b)(4) and (5)). Exempt property is defined in § 732.402.
Who and whereApplicant or heir. - 02
Choose the route
Use § 735.301 for exempt property and amounts within the funeral and last-illness bills. Use § 735.304 for an intestate estate with nonexempt personal property up to $20,000 plus those bills, a death more than 1 year ago, and no administration pending (§ 735.301(1); § 735.304(1)).
Who and whereApplicant or heir. - 03
Order certified death certificates
A copy of an official record of death is filed with the application (Fla. Prob. R. 5.205(a)(4)). The committee note to Rule 5.205 says to file the short form certificate, which does not disclose the cause of death.
Who and whereApplicant. Florida Department of Health. - 04
Prepare and sign the application or affidavit
For § 735.301, the interested person signs the application, and all persons entitled to exempt property sign if the property includes it (Fla. Prob. R. 5.420(a) and (b)). For § 735.304, the surviving spouse and the heirs at law sign and verify the affidavit, except an heir who will receive a full intestate share need not join (§ 735.304(2); Fla. Prob. R. 5.425(b)). Before filing, the affiant makes a diligent search and reasonable inquiry for creditors and provides for their payment, or the creditors consent (§ 735.304(2)).
Who and whereApplicant, or the surviving spouse and heirs at law. The clerk helps prepare the § 735.301 writing on request (Rule 5.420(c)). - 05
Serve the affidavit (§ 735.304 only)
Serve in the manner of formal notice all heirs at law who did not join, all known or reasonably ascertainable creditors, and the Agency for Health Care Administration if the decedent was over 55 at death (§ 735.304(2); Fla. Prob. R. 5.425(c)).
Who and whereAffiants. - 06
File with the clerk
File with the clerk of the circuit court. The clerk's fee for disposition of personal property without administration is capped at $230 (§ 28.2401(1)(d)).
Who and whereApplicant. Clerk of the circuit court. - 07
Receive the court's letter
If the court is satisfied, it authorizes payment, transfer or disposition of the personal property to the persons entitled by letter or other writing under the seal of the court (§ 735.301(2); § 735.304(3); Fla. Prob. R. 5.420(d)).
Who and whereCircuit court. Rule 5.420(d) lets the court act without a hearing. - 08
Present the letter to each holder
A person or institution that pays, delivers or transfers property under the authorization is forever discharged from liability for it (§ 735.301(3); § 735.304(3)(a)).
Who and wherePersons named in the letter. Banks, brokers and other holders.
Steps for the bank account route (§ 735.303)
- 01
Confirm who qualifies and what the account is
A family member is the surviving spouse; if none, an adult child; if none, an adult descendant; if none, a parent. A qualified account is a deposit account or certificate of deposit in the decedent's sole name with no pay-on-death or other survivor designation (§ 735.303(1)).
Who and whereFamily member. - 02
Wait until 6 months after the death
The financial institution may not pay earlier than 6 months after the date of death (§ 735.303(2)).
Who and whereFamily member. - 03
Sign the sworn affidavit
The affidavit states the affiant's relationship, the date of death and last residence, that the total in all qualified accounts known to the affiant is $2,000 or less, that no personal representative or probate has been started, that the affiant knows of no will, that payment is a full release of the institution, that the affiant is personally liable to creditors and others entitled to the extent the amount exceeds the affiant's share, and that a false statement may be a crime. A statutory form is in § 735.303(4). The affidavit is sworn before a notary.
Who and whereFamily member. A notary public. - 04
Give the institution the death certificate and affidavit
The family member provides a certified copy of the death certificate and the sworn affidavit (§ 735.303(3)). The institution is not required to determine whether the affidavit is truthful, and payment is its full release and discharge for the amount paid (§ 735.303(5)).
Who and whereFamily member. The financial institution.
Liability after a § 735.304 distribution
| Point | What § 735.304(3) provides |
|---|---|
| Payers | A person who pays, transfers, delivers or assigns property under the authorization is forever discharged from liability (§ 735.304(3)(a)). |
| Buyers | Bona fide purchasers for value from those who received property take it free of all claims of creditors and all rights of the surviving spouse and other beneficiaries or heirs (§ 735.304(3)(b)). |
| Remaining creditors | Non-exempt property that stays with the recipients remains liable for claims until barred. A creditor who did not consent and was not provided for may enforce the claim and recover costs, including attorney fees, from those who joined the affidavit (§ 735.304(3)(c)). |
| Recipient liability | Recipients are personally liable for a pro rata share of lawful claims, only to the extent of the value of the personal property each received on the date of distribution, not counting exempt property (§ 735.304(3)(d)). |
| Two-year bar | Except as § 733.710 provides, after 2 years from the death neither the estate nor those who received property are liable for claims unless proceedings were taken to enforce the claim (§ 735.304(3)(e)). |
| Omitted heirs | An heir or devisee entitled to share but left out may enforce all rights against those who signed the affidavit or received property and, if successful, is awarded costs including reasonable attorney fees (§ 735.304(3)(f)). |
Clerk filing fee
§ 28.2401(1)(d), Fla. Stat. (2026) caps the clerk's fee for disposition of personal property without administration. Confirm the amount with the clerk of the county where the application is filed. The bank-account and tax-refund routes do not involve the court.
| Filing | Fee cap | Source |
|---|---|---|
| Disposition of personal property without administration | $230 | § 28.2401(1)(d) |
Official forms and instructions
Florida Courts Help states that it does not provide any forms related to the probate process (Florida Courts Help, Probate). The documents below are court-published.
| Document | Publisher | Date or revision | Route |
|---|---|---|---|
| Checklist for Disposition of Personal Property Without Administration | 17th Judicial Circuit (Broward County) | No printed date; file modified July 17, 2026 (server date) | § 735.301 |
| Disposition of Personal Property Without Administration, verified statement | 14th Judicial Circuit | Form marked rvd 9/11 | § 735.301 |
| Instructions for filing for intestate property in small estates | 14th Judicial Circuit | 2026 file | § 735.304 |
| Petition/Affidavit for disposition of intestate personal property | 14th Judicial Circuit | 2026 file | § 735.304 |
| Beneficiary's consent to the disposition of personal property | 14th Judicial Circuit | 2026 file | § 735.304 |
| Proof of service on the Agency for Health Care Administration | 14th Judicial Circuit | 2026 file | § 735.304 |
| Affidavit of Diligent Search and Inquiry for Creditors | 14th Judicial Circuit | Rev. 4/2019 | § 735.304 |
| Statutory affidavit form for bank accounts, in § 735.303(4) | The Florida Senate | 2026 Florida Statutes | § 735.303 |
| Fla. Prob. R. 5.420 and Fla. Prob. R. 5.425 | The Florida Bar, Florida Probate Rules | Oct. 15, 2026 edition | §§ 735.301, 735.304 |
Common problems
- Real property in the estate. These routes cover personal property only (§ 735.301(1); § 735.304(1)).
- Bills above the statutory amount. For § 735.301, nonexempt personal property may not exceed the funeral and last-illness amounts. Missing receipts leave the amounts unsupported (Fla. Prob. R. 5.420(a)(3)).
- Death less than 1 year ago. Section 735.304 requires that the decedent has been deceased for more than 1 year (§ 735.304(1)).
- A will exists. Section 735.304 applies to intestate estates. The § 735.303 affidavit requires that the affiant know of no will (§ 735.304(1); § 735.303(3)(e)).
- Accounts with a survivor or pay-on-death designation. They are not qualified accounts under § 735.303 (§ 735.303(1)(b)).
- Unpaid creditors. The affidavit under § 735.304 states a diligent creditor search and provision for payment or creditor consent. Recipients are personally liable for lawful claims up to the value received (§ 735.304(2); § 735.304(3)(d)).
- Agency for Health Care Administration notice missed. When the decedent was over 55, the § 735.304 affidavit is served on the agency (§ 735.304(2); Fla. Prob. R. 5.425(c)(3)).
- False statements in the bank affidavit. A person who knowingly makes a false statement in a § 735.303 affidavit commits theft under § 812.014 (§ 735.303(8)).
Frequently asked questions
What is a small estate affidavit in Florida?+−
How much money can a bank release without probate in Florida?+−
Can disposition without administration transfer a house?+−
Is a court hearing required?+−
How long do I have to wait?+−
Who counts as a family member for the bank affidavit?+−
Can a will exist when I use these routes?+−
What happens to the funeral bills and other debts?+−
How did the 2026 law change these limits?+−
Disposition without administration depends on four things: personal property only, the statutory limit for the route, the waiting period for that route, and creditors' rights, which remain (§ 735.301; § 735.303; § 735.304).
Sources
Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site. The Florida Probate Rules edition is the one the Florida Bar posted on October 15, 2026.
- § 735.301, Fla. Stat. (2026), Disposition without administration. The Florida Senate. Exempt property and final-bill route; letter under the seal of the court. Plain-English page on this site.
- § 735.302, Fla. Stat. (2026), Income tax refunds in certain cases. The Florida Senate. Federal income tax refund of $5,000 or less. Amended by s. 8, ch. 2026-57.
- § 735.303, Fla. Stat. (2026), Payment to successor without court proceedings. The Florida Senate. Bank accounts up to $2,000, six-month wait, family member, affidavit contents and form. Amended by s. 9, ch. 2026-57.
- § 735.304, Fla. Stat. (2026), Disposition without administration of intestate property in small estates. The Florida Senate. Intestate small-estate route: $20,000, more than 1 year, affidavit, service, effects. Amended by s. 10, ch. 2026-57.
- § 733.710, Fla. Stat. (2026), Limitations on claims against estates. The Florida Senate. Two-year bar on claims. Plain-English page on this site.
- § 732.402, Fla. Stat. (2026), Exempt property. The Florida Senate. Definition of exempt property. Plain-English page on this site.
- § 28.2401, Fla. Stat. (2026), Service charges and filing fees in probate matters. The Florida Senate. Clerk fee cap for disposition without administration.
- Ch. 2026-57, Laws of Fla., CS/HB 1337, An act relating to estates. Florida Department of State, Laws of Florida. Sections 8 to 10 amend §§ 735.302, 735.303 and 735.304; section 14 sets the effective date, July 1, 2026.
- § 733.707, Fla. Stat. (2026), Order of payment of expenses and obligations. The Florida Senate. Funeral expense class and its $6,000 cap. Plain-English page on this site.
- Art. X, § 4, Fla. Const., Homestead; exemptions. The Florida Senate, Florida Constitution. Personal property exemption of one thousand dollars; passes to the surviving spouse or heirs.
- Fla. Prob. R. 5.420, Disposition of personal property without administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Contents of the application; clerk assistance; disposition without hearing.
- Fla. Prob. R. 5.425, Disposition without administration of intestate personal property in small estates. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Contents of the heir's affidavit; service; letter of the court.
- Fla. Prob. R. 5.205, Filing evidence of death. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Death record filed with the application.
- Florida Courts Help, Probate. Florida Courts Help. States that it provides no probate forms.
- 17th Judicial Circuit, Checklist for Disposition of Personal Property Without Administration. 17th Judicial Circuit. Local checklist; reimbursement of preferred funeral expenses up to $6,000 of nonexempt assets; $1,000 constitutional exemption.
- 14th Judicial Circuit, Disposition of Personal Property Without Administration (verified statement). 14th Judicial Circuit. Local form for the § 735.301 route.
- 14th Judicial Circuit, Instructions for filing for intestate property in small estates. 14th Judicial Circuit. Local instructions and document list for the § 735.304 route.
- 14th Judicial Circuit, Petition/Affidavit for disposition of intestate personal property. 14th Judicial Circuit. Local petition and affidavit form with the $20,000 figure.
- 14th Judicial Circuit, Beneficiary's consent to the disposition of personal property. 14th Judicial Circuit. Local consent form.
- 14th Judicial Circuit, Proof of service on the Agency for Health Care Administration. 14th Judicial Circuit. Local proof-of-service form.
- 14th Judicial Circuit, Affidavit of Diligent Search and Inquiry for Creditors. 14th Judicial Circuit. Local affidavit form, marked rvd 4/2019.
General information, not legal advice. The official text controls. Disclaimer.
