Copyright 2019 - U.S. Legal Forms, Inc.
STATE OF FLORIDA
Florida Disposition Without Administration
Title XLII, Chapter 735, Florida Statutes
Control Number – FL-ET40
This packet contains the following:
1. Instructions ;
2. Forms ; and
3. Access to Florida Law Summary.
Florida Disposition Without Administration
Title XLII, Chapter 735, Florida Statutes
F.S.A. Sections 735.301 – 735.302
INSTRUCTIONS
DISPOSITION - If the decedent left very little assets, just enough to cover funeral expenses and
medical and hospital expenses of the last 60 days of the last illness, it may be disposed of by a
proceeding called Disposition Without Administration, and the Court may sign an order within a
week or less.
Forms Included:
Form One Petition for Disposition Without Administration
Form Two Order of for Disposition Without Administration
Steps:
(1) If a Will is left by the Decedent, it must be deposited in the Office of the Clerk of the Circuit
Court within 10 days of receiving information that the person is deceased.
(2) Prepare the Petition for Disposition Without Administration and Order of for Disposition
Without Administration and file with the Clerk of the Circuit Court.
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IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR
COUNTY, FLORIDA
Probate Division
In Re the Estate of:
)
) NO.
Decedent. )
)
PETITION FOR DISPOSITION WITHOUT ADMINISTRATION
1. The Petitioner, ______________________________ alleges that
______________________________ , a resident of __________________ County, whose social
security number was ________________________ and whose last known address was:
Street Address
City, State, Zip
died on the ______ day of __________________ , ______ .
Death Certificate attached
Decedent’s Will was was not deposited with the Clerk on the ______ day
of __________________ , ______ .
2. The Petitioner, , whose address is:
Street Address
City, State, Zip
And whose mailing address is:
Street Address
City, State
has the following interest in the estate of ____________________________________ .
3. Eligibility for Disposition Without Administration – The decedent left only personal
property exempt under the provisions of s. 732.402, personal property exempt from the claims
of creditors, 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. There are no assets subject to distribution in
Florida.
4. Unrevoked wills and codicils being presented for probate:
The petitioner is unaware of any other unrevoked wills or codicils.
Petitioner is aware of any other unrevoked wills or codicils, but the other wills or codicils
are not being probated because:
5. The original copy of the decedent’s will was: deposited with the Clerk accompanies
this petition an authenticated copy of a will deposited with or probated in another
jurisdiction or an authenticated copy of a notarial will, the original of which is in the possession
of a foreign notary, accompanies this petition.
6. Assets of the estate and their estimated values:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
7. Those entitled to distribution :
Surviving Spouse:
Address:
City:
State:
Zip code:
HEIRS, BENEFICIARIES OR CREDITORS:
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
8. Petitioner requests payment or distribution to:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Name
Address:
City:
State:
Zip Code:
Asset Description and Value:
Under penalties of perjury, I/We declare that I/We have read the foregoing and the facts
alleged are true, to the best of my/our knowledge and belief.
Date:
Signature of Petitioner
Type or Print Name
Street Address
City, State, Zip
Telephone Number with Area Code
Relationship to Decedent
SUBMITTED BY:
This document was prepared by the following attorney:
______________________________________
[Typed or Printed Name]
________________________________________________
[Signature]
Firm Name ______________________________________
Address ______________________________________
Telephone Number(s) ______________________________________
Email address ______________________________________
Florida Number: ______________________________________
Counsel for ______________________________________
VERIFICATION
A. PETITIONER
STATE OF
COUNTY OF
I, the undersigned Petitioner , being sworn, state that I have read and understood the
Petition for Summary Administration in the above styled case; that the petition was filed at my
request and direction; and that the allegations in the above petition are true and correct, to the
best of my knowledge, information and belief.
Date:
Petitioner
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
My commission expires:
B.
STATE OF
COUNTY OF
I, the undersigned [ ] Surviving Spouse [ ] Heir [ ] Beneficiary [ ] Creditor [ ]
(other, specify) , being sworn, state that I have read and understood the Petition for
Summary Administration in the above styled case; that the petition was filed at my request and
direction; and that the allegations in the above petition are true and correct, to the best of my
knowledge, information and belief.
Date:
Name
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
C.
STATE OF
COUNTY OF
I, the undersigned Surviving Spouse Heir Beneficiary Creditor
(other, specify) ______________________________ , being sworn, state that I have read and
understood the Petition for Summary Administration in the above styled case; that the petition
was filed at my request and direction; and that the allegations in the above petition are true and
correct, to the best of my knowledge, information and belief.
Date:
Name
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
D.
STATE OF
COUNTY OF
I, the undersigned Surviving Spouse Heir Beneficiary Creditor
(other, specify) ______________________________ , being sworn, state that I have read and
understood the Petition for Summary Administration in the above styled case; that the petition
was filed at my request and direction; and that the allegations in the above petition are true and
correct, to the best of my knowledge, information and belief.
Date:
Name
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
E.
STATE OF
COUNTY OF
I, the undersigned Surviving Spouse Heir Beneficiary Creditor
(other, specify) ______________________________ , being sworn, state that I have read and
understood the Petition for Summary Administration in the above styled case; that the petition
was filed at my request and direction; and that the allegations in the above petition are true and
correct, to the best of my knowledge, information and belief.
Date:
Name
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
F. Parent or Guardian
STATE OF
COUNTY OF
I, the undersigned Surviving Spouse Heir Beneficiary Creditor
(other, specify) ______________________________ , being sworn, state that I have read and
understood the Petition for Summary Administration in the above styled case; that the petition
was filed at my request and direction; and that the allegations in the above petition are true and
correct, to the best of my knowledge, information and belief.
Date:
Name
Type or Print Name
ACKNOWLEDGED, SWORN TO AND SUBSCRIBED before me on this the ______ day of
__________________ , 20 ______ .
Notary Public
My commission expires:
Type or Print Name
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR
COUNTY, FLORIDA
Probate Division
In Re the Estate of:
)
) NO.
Decedent. )
)
ORDER FOR DISPOSITION WITHOUT ADMINISTRATION
This case came before the Court upon the Petition for Disposition Without Administration ,
and the Court being fully advised in the premises, it is ORDERED:
1. The Decedent, ______________________________ , a resident of
__________________
County, whose social security number was __________________ and whose last known address
was:
Street Address
City, State
Zip Code
died on the ______ day of __________________ , 20 ______ .
2. The Decedent died Intestate Testate and Decedent’s Will was was
not deposited with the Clerk.
3. Eligibility for Disposition Without Administration – The decedent left only personal
property exempt under the provisions of s. 732.402, personal property exempt from the claims
of creditors, 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.
4. Assets of the gross estate and their estimated values are:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
Asset Description:
Asset Address:
Dollar Value:
5. Those entitled to distribution and the assets they are to receive:
Surviving Spouse:
Address:
City:
State:
Zip code:
HEIRS, BENEFICIARIES OR CREDITORS:
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
Name
Address:
City:
State:
Zip Code:
DOB: (minors only)
ORDERED on the ______ day of __________________ , ______ .
_____________________________________
CIRCUIT JUDGE