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Chapter 735 — Small Estates

Florida Statute 735.301

“Disposition without administration”

What it means

No administration is required, and no formal proceedings are instituted, for the estate of a decedent leaving only: personal property exempt under s. 732.402; personal property exempt from the claims of creditors under the State Constitution; and nonexempt personal property whose value does not exceed the sum of the amount of preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

On informal application by affidavit, letter, or otherwise by any interested party, if the court is satisfied that subsection (1) applies, the court may authorize the payment, transfer, or disposition of the decedent's personal property, tangible or intangible, to those entitled. The authorization is by letter or other writing under the seal of the court. Any person, firm, or corporation that pays, delivers, or transfers property under the authorization is forever discharged from liability on it.

— What it says
  • Applies only when the decedent left only exempt personal property and nonexempt personal property within the funeral and last-illness limit (§ 735.301(1)).
  • The nonexempt limit equals preferred funeral expenses plus reasonable and necessary medical and hospital expenses of the last 60 days of the last illness (§ 735.301(1)).
  • Application is informal, by affidavit, letter, or otherwise, by any interested party (§ 735.301(2)).
  • The court, if satisfied subsection (1) applies, may authorize payment or transfer of the personal property by letter or writing under the court's seal (§ 735.301(2)).
  • A person who pays, delivers, or transfers property under the authorization is forever discharged from liability (§ 735.301(3)).

Text of the statute (2026)

§ 735.301(1)
(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the State Constitution, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
§ 735.301(2)
(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.
§ 735.301(3)
(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.

Excerpts are the subsections the summary relies on. Read the full official text of § 735.301.

History. s. 1, ch. 74-106; s. 111, ch. 75-220; s. 50, ch. 77-87; s. 1, ch. 77-174; s. 275, ch. 79-400; s. 52, ch. 98-421; s. 184, ch. 2001-226.

— In a Florida probate

How it applies

The section applies to estates made up only of personal property: exempt property and a small amount of other personal property. The arithmetic is set by the statute: nonexempt personal property may not exceed preferred funeral expenses plus the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. If the court is satisfied, its authorization lets the holder of the property pay or transfer it to those entitled, and the holder is discharged from liability for doing so.

Questions people ask

How can a small Florida estate be handled without administration?
Under Florida Statute 735.301, if the decedent left only exempt personal property and nonexempt personal property within the funeral and last-60-days medical expense limit, an interested party may apply informally and the court may authorize payment or transfer of the property to those entitled. Anyone who pays under the authorization is discharged from liability.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 735.301

Published by the Probate.Help editorial team.How these pages are written and checked.

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