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— Guide · 11-min read

Disposition without administration in Florida under § 735.301: who qualifies, limits and filing steps

Disposition without administration is Florida's court-letter route for a decedent who left only personal property. This page covers the § 735.301 test, the other small-estate paths in chapter 735 with their 2026 limits, the documents, the filing fee cap and the steps, each with its source.

Updated October 2026

Disposition without administration lets a court authorize payment of a decedent's personal property to the people entitled to it, with no personal representative and no formal proceeding. It applies only when the decedent left nothing but exempt personal property and nonexempt 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 (§ 735.301(1), Fla. Stat. (2026)).

An interested party applies "by affidavit, letter, or otherwise." If the court is satisfied that subsection (1) applies, the court, "by letter or other writing under the seal of the court," may authorize the payment, transfer or disposition. Anyone who pays or transfers property under the authorization is "forever discharged from liability" (§ 735.301(2), (3)).

This page cites the 2026 Florida Statutes and the October 15, 2026 edition of the Florida Probate Rules. The Sources section lists each cite, last checked October 17, 2026.

  • Property covered: personal property only. Section 735.301 does not authorize a transfer of real property.
  • Who applies: an interested party (Fla. Prob. R. 5.420(a)).
  • Who decides: the court, "without hearing," by letter or other writing (Fla. Prob. R. 5.420(d)).
  • Filing fee: at most $230 (§ 28.2401(1)(d)).
  • Related paths: § 735.302 (tax refund up to $5,000), § 735.303 (bank accounts up to $2,000 without any court proceeding), § 735.304 (intestate estates with up to $20,000 of nonexempt personal property) and § 735.201 (summary administration up to $150,000).
2026 amendments in chapter 735
Ch. 2026-57, Laws of Fla., effective July 1, 2026, raised § 735.201 from $75,000 to $150,000, § 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, sections 7 through 10 and 14). Section 735.301 has no dollar cap and was not part of the act.

The § 735.301 test

All property the decedent left must fall into one of three groups. If any asset falls outside them, the estate does not qualify.

Table 1. The three groups of property in § 735.301(1)
GroupWhat it includesSource
1. Exempt propertyHousehold furniture, furnishings and appliances at the usual place of abode up to a net value of $20,000; two motor vehicles of not more than 15,000 pounds gross weight held in the decedent's name and regularly used as personal vehicles; qualified tuition programs under IRC § 529, including Florida Prepaid; benefits paid under § 112.1915. It goes to the surviving spouse or, if none, the children.§ 732.402(1), (2)
2. Constitutionally exempt personal propertyPersonal property to the value of $1,000, which inures to the surviving spouse or heirs.Art. X, § 4(a)(2), (b), Fla. Const.
3. Other personal propertyNonexempt personal property worth no more than the sum of the preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.§ 735.301(1)

Section 735.301 does not define "preferred funeral expenses." In the order of payment for an estate, reasonable funeral, interment and grave marker expenses are Class 2 and are limited to $6,000 in the aggregate, and last-illness medical and hospital expenses of the last 60 days are Class 4 (§ 733.707(1)(b), (d)).

Exempt property excludes property specifically or demonstratively devised in a will (§ 732.402(5)). A person entitled to exempt property waives the right unless a petition is filed by the later of 4 months after service of the notice of administration or 40 days after the end of a proceeding about the will (§ 732.402(6)). Because of that, the Probate Rules require the application to be signed by all persons entitled to the exempt property, or their representatives, when the estate includes exempt property (Fla. Prob. R. 5.420(b)).

Compare the small-estate paths

Chapter 735 holds five routes that avoid formal administration. Rule 5.420 lists what a disposition application must contain and prescribes no form, so clerks publish local packets.

Table 2. Small-estate paths, Fla. Stat. (2026)
PathLimitConditionsWho actsCourt
Disposition without administration, § 735.301No dollar cap. Only exempt property and nonexempt personal property up to funeral plus last-60-day medical expenses.Personal property only.Interested party, by affidavit, letter or other application.Letter or writing under the court's seal.
Intestate small estates, § 735.304Nonexempt personal property up to $20,000 plus funeral and last-60-day medical expenses.Decedent died intestate, has been deceased more than 1 year, and no administration is pending in Florida.An heir at law, by affidavit signed and verified by the spouse and heirs, with service.Letter or writing under the court's seal.
Bank accounts, § 735.303Total of $2,000 or less in qualified accounts at the institution.Sole-name accounts with no pay-on-death or survivor designation. Payment no earlier than 6 months after death.Family member, by sworn affidavit and certified death certificate.None.
Federal income tax refund, § 735.302Overpayment of $5,000 or less.No administration begun or planned, and the decedent not indebted or debts provided for.Surviving spouse, or a child designated in a verified application signed by all children over 14.None. Application to the U.S. Treasury.
Summary administration, § 735.201Estate subject to administration in Florida, less exempt property, of $150,000 or less, or decedent dead more than 2 years.A will, if any, must not direct administration under chapter 733.Beneficiary or nominated personal representative, by petition (§ 735.203).Order of summary administration.

Sources: § 735.301, § 735.304, § 735.303, § 735.302, § 735.201 and § 735.203, Fla. Stat. (2026). See the summary administration page for the court path and the small-estate affidavit page for the affidavit routes.

Steps to file for disposition

Each step names who acts and the rule behind it. Clerks' local packets add forms and checklists, so confirm the packet with the clerk of the county where the decedent lived before filing.

  • Step 1. Sort the assets (applicant). List what the decedent owned in his or her name alone. Remove assets that pass by beneficiary designation or survivorship, such as a pay-on-death account, which belongs to the surviving beneficiary and is not part of the estate (§ 655.82(3)(b)). Real property takes the estate out of § 735.301.
  • Step 2. Get the death record (applicant). The application must be accompanied by a copy of an official record of the death, filed when the application is filed (Fla. Prob. R. 5.205(a)(4)). The Florida Department of Health issues certified copies (Florida DOH, Death Certificates).
  • Step 3. Gather bills and receipts (applicant). The application must show the preferred funeral expenses and the 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)).
  • Step 4. Collect signatures on exempt property (applicant). If exempt property is involved, all persons entitled to it, or their representatives, sign the application (Fla. Prob. R. 5.420(b)).
  • Step 5. Deposit any will (will custodian). The custodian of a will must deposit it with the clerk within 10 days after learning of the death (§ 732.901(1)).
  • Step 6. Prepare the application (applicant, with the clerk's help). The application describes and values the exempt property and the other assets, states the expenses, and lists each requested payment or distribution (Fla. Prob. R. 5.420(a)(1) to (4)). The clerk "shall assist the applicant in the preparation of the required writing" (Fla. Prob. R. 5.420(c)).
  • Step 7. File with the clerk (applicant). Venue for probate proceedings is the county where the decedent was domiciled (§ 733.101(1)(a)). The filing fee may not exceed $230 (§ 28.2401(1)(d)).
  • Step 8. Court acts (judge). If satisfied, the court may, without hearing, authorize payment or transfer by letter or other writing (Fla. Prob. R. 5.420(d)).
  • Step 9. Present the writing (applicant). The bank, employer or other holder that pays under the authorization is forever discharged from liability (§ 735.301(3)).

Documents checklist

Table 3. What the rules and clerk packets ask for
DocumentWhySource
Application or verified petitionDescribes assets, expenses and requested payments.Fla. Prob. R. 5.420(a)
Official record of deathFiled with the application.Fla. Prob. R. 5.205(a)(4)
Funeral and last-illness bills with proof of paymentEstablish the limit in § 735.301(1).Fla. Prob. R. 5.420(a)(3)
Written consent of persons entitled to exempt propertyRequired when exempt property is included.Fla. Prob. R. 5.420(b)
Original will, if one existsA will custodian must deposit it with the clerk.§ 732.901
Affidavit of heirship, or list of survivorsThe Palm Beach packet asks for an affidavit of heirship. The Charlotte petition lists the spouse, children, siblings, parents and beneficiaries.Palm Beach packet #68; Charlotte packet
Statements for each asset claimedAccount statements, policies, bills of sale or letters from the holder.Charlotte packet; Palm Beach packet #68
Photo identificationCharlotte requires it for the clerk to witness the signature.Charlotte packet

Both packets were read October 17, 2026. The Palm Beach packet is marked "Revised 6/2026" and applies to decedents who lived in Palm Beach County with no real estate involved. The Charlotte file was last modified February 27, 2025.

What a court writing does and does not do

  • It transfers personal property only. Section 735.301 speaks of a decedent "leaving only" the three groups of personal property in Table 1.
  • It appoints no one. No personal representative or letters of administration issue. Fla. Prob. R. 5.030(a) requires every guardian and every personal representative, unless the personal representative is the sole interested person, to be represented by an attorney admitted in Florida.
  • It sets no creditor notice period. Section 735.301 has no notice to creditors. Two years after death, neither the estate, a personal representative nor the beneficiaries are liable for claims against the decedent, whether or not letters issued, subject to the exceptions in the section (§ 733.710).
  • It discharges the payer. A bank or other holder acting under the authorization is discharged from liability (§ 735.301(3)).
  • It does not settle who is entitled. The writing authorizes payment "to those persons entitled." If the will or the intestacy statutes (§ 732.103) point to different people than the applicant, the people left out can still pursue their rights.

Local packets can differ from the statute

Clerks write their own instructions. The two packets read for this page show how much they vary.

  • Charlotte County Clerk. Sorts claims into three categories: (A) exempt property for a surviving spouse or child, (B) property under $1,000 for a spouse or heir, and (C) other property up to the paid funeral and medical expenses, which it treats as reimbursements only. It requires notarized waivers from other beneficiaries or from all heirs if there is no will (packet).
  • Palm Beach County Clerk. Limits the packet to decedents who lived in Palm Beach County and to estates with no real estate, and requires a list of all relatives. The packet describes the nonexempt limit as property not exceeding "$20,000 of reasonable funeral expenses." Section 735.301(1) contains no $20,000 figure. That figure appears in § 735.304 for intestate estates (packet #68).
When a packet and the statute differ
Follow the statute and the Probate Rules, and ask the clerk which form the county requires.

Intestate estates under § 735.304

This path is for a decedent who died without a will, has been dead more than a year and left only exempt personal property, constitutionally exempt personal property and nonexempt personal property up to $20,000 plus the funeral and last-60-day medical expenses (§ 735.304(1), Fla. Stat. (2026)). The Probate Rules were revised in 2026 to reflect the increase from $10,000 (Fla. Prob. R. 5.425).

Table 4. How the § 735.304 affidavit works
PointRuleSource
Who requestsAn heir at law entitled to a share under § 732.102 or § 732.103, by affidavit. The spouse and all heirs sign and verify it, except an heir who will receive a full intestate share.§ 735.304(2)
Before filingThe affiant makes a diligent search for known or reasonably ascertainable creditors. The proposed distribution provides for payment of the creditors, or the creditors consent.§ 735.304(2)
ServiceBy formal notice on heirs who did not join, known or reasonably ascertainable creditors and, if the decedent was over 55, the Agency for Health Care Administration.§ 735.304(2); Fla. Prob. R. 5.425(c)
AuthorizationThe court, if satisfied, authorizes the transfer by letter or other writing under its seal.§ 735.304(3)
Recipients' liabilityPro rata for lawful claims, up to the value received, excluding property exempt from creditors. Claims end 2 years after death.§ 735.304(3)(d), (e)
Omitted heirsAn heir or devisee left out of the distribution may enforce rights against the signers and recipients and recover costs and attorney fees.§ 735.304(3)(f)

Bank accounts up to $2,000 under § 735.303

A Florida financial institution may pay the funds in a decedent's qualified accounts to a family member "without any court proceeding, order, or judgment" if the combined funds at that institution total $2,000 or less. It may not pay earlier than 6 months after the date of death (§ 735.303(2), Fla. Stat. (2026)).

  • Family member: the surviving spouse; an adult child if there is no spouse; an adult descendant if there is no spouse or adult child; a parent if there is none of those (§ 735.303(1)(a)).
  • Qualified account: a deposit account or certificate of deposit in the decedent's sole name without a pay-on-death or other survivor designation (§ 735.303(1)(b)).
  • What the family member provides: a certified death certificate and a sworn affidavit with the statements listed in the statute, including that no personal representative has been appointed and the affiant knows of no will (§ 735.303(3)). The statute prints a model form.
  • Liability: the family member is personally liable to creditors and other rightful claimants to the extent the amount paid exceeds the affiant's share. A knowingly false statement is theft (§ 735.303(6), (8)).

Tax refunds up to $5,000 under § 735.302

When the Treasury determines an overpayment of federal income tax and the person entitled has died, a refund of $5,000 or less may go to the surviving spouse on a verified application. If there is no spouse, it may go to one of the decedent's children designated in a verified application executed by all the children over 14. The application must show the decedent was not indebted or debts are provided for, and that no administration, including summary administration, has begun or is planned (§ 735.302(1), Fla. Stat. (2026)).

Which path fits

Table 5. Facts and the path they point to
FactsPathSource
One sole-name bank account, $2,000 or less at that bank, at least 6 months since death, family member claiming§ 735.303 affidavit to the bank§ 735.303
Only personal property, nonexempt value no more than funeral plus last-60-day medical expensesDisposition without administration§ 735.301
No will, more than a year since death, personal property of $20,000 plus funeral and medical expenses§ 735.304 affidavit and court writing§ 735.304
Federal refund of $5,000 or less, no administration planned§ 735.302 application§ 735.302
Real property, or personal property above the limits above, and the estate less exempt property is $150,000 or less or the decedent died more than 2 years agoSummary administration§ 735.201
Anything else, or a will that directs administrationFormal administrationch. 733
A vehicleApplication for a certificate of title to the Department of Highway Safety and Motor Vehicles, with the documents § 319.28 lists for heirs or devisees§ 319.28
A missing bank account or refundSearch the state unclaimed-property databaseFlorida DFS, Claim Your Cash

Cost

Table 6. Fees for disposition without administration
ItemAmountSource
Maximum filing fee$230§ 28.2401(1)(d)
Palm Beach County Clerk filing fee, packet #68$232, with certified copies at $3 eachPalm Beach packet #68, revised 6/2026, read October 17, 2026
Charlotte County Clerk filing fee, packet$235Charlotte packet, file dated February 27, 2025, read October 17, 2026
Certified death certificateSet by the Department of HealthFlorida DOH

Clerks post amounts that differ from the statutory maximum by a few dollars. Confirm the current fee with the clerk of the county where the decedent lived. A person who cannot pay may ask the clerk about civil indigent status, as the Palm Beach packet notes.

Sources

Last checked: October 17, 2026. Statutes are cited to the 2026 Florida Statutes on the Florida Senate site.

— Common questions

What people ask us about this.

What is disposition without administration in Florida?+−
It is the procedure in § 735.301 for a decedent who left only exempt personal property and nonexempt personal property worth no more than the preferred funeral expenses plus the medical and hospital expenses of the last 60 days of the last illness. On an interested party's application, the court may authorize payment of the property to the people entitled by letter or other writing under the court's seal, without a personal representative.
Who can file for disposition without administration?+−
An interested party (§ 735.301(2); Fla. Prob. R. 5.420(a)). The application is signed by the applicant. When the estate includes exempt property, all persons entitled to it, or their representatives, must also sign (Rule 5.420(b)).
Does Florida have a small estate affidavit?+−
Florida has several affidavit routes in chapter 735, not one general form. Section 735.303 lets a family member collect up to $2,000 from a bank on a sworn affidavit without a court proceeding. Section 735.304 uses an heir's affidavit and a court writing for intestate personal property up to $20,000 plus funeral and medical expenses. Section 735.302 covers federal income tax refunds up to $5,000.
What is the limit for disposition without administration?+−
Section 735.301 sets no dollar cap. The test is that nonexempt personal property does not exceed the preferred funeral expenses plus the last-60-day medical and hospital expenses. The dollar limits in chapter 735 are in the other sections: $2,000 in § 735.303, $5,000 in § 735.302, $20,000 in § 735.304 and $150,000 in § 735.201.
Can disposition without administration be used when there is a house?+−
No. Section 735.301 applies to a decedent "leaving only" personal property. Real property needs summary administration under § 735.201 or formal administration under chapter 733. See the determination of homestead page for homestead property.
Is a hearing required?+−
Rule 5.420(d) says the court "may, without hearing, by letter or other writing" authorize the disposition if satisfied that it is appropriate. The statute sets no deadline for the court.
Do I need a lawyer to file?+−
Rule 5.030(a) requires attorney representation for every guardian and every personal representative, unless the personal representative is the sole interested person. A § 735.301 application appoints neither, and Rule 5.420(c) directs the clerk to assist the applicant in preparing the required writing. A person with real property, creditors in dispute or competing claimants should consider legal advice.
What if the decedent left a will?+−
Section 735.301 does not require that the decedent died intestate. Section 735.304 does. A will custodian must deposit the will with the clerk within 10 days after learning of the death (§ 732.901(1)). Clerk packets may require waivers from beneficiaries. The Charlotte packet requires them.
Does disposition without administration cut off creditors?+−
Section 735.301 has no creditor notice procedure. Under § 733.710, 2 years after death neither the estate, a personal representative nor the beneficiaries are liable for claims against the decedent, with the exceptions stated in that section.
How much does it cost to file?+−
The clerk's filing fee for disposition of personal property without administration may not exceed $230 (§ 28.2401(1)(d)). Clerks post their own amounts: the Palm Beach packet (revised 6/2026) lists $232 and the Charlotte packet lists $235. Ask the clerk for the current fee.
When can a bank release an account without a court order?+−
Under § 735.303, a financial institution may pay a family member the funds in all qualified accounts at that institution without a court proceeding if they total $2,000 or less. It may not pay earlier than 6 months after the date of death, and the family member must provide a certified death certificate and the sworn affidavit.
What about a car?+−
A vehicle transfers through the Department of Highway Safety and Motor Vehicles under § 319.28. For an intestate heir, an affidavit that the estate is not indebted and that the spouse and heirs have agreed on a division can replace a probate court order.
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Published by the Probate.Help editorial team.How these pages are written and checked. Updated October 17, 2026.