Florida Disposition Without Administration

Florida Disposition Without Administration

State of Florida

Title XLII, Chapter 735, Florida Statutes

Control Number – FL-ET40

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:

1. Petition for Disposition Without Administration

2. Order for Disposition Without Administration

3. Access to Florida Law Summary

Note About Completing the Forms

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If you need to make any changes in the body of the form, it is necessary for you to “unlock” or “unprotect” the form before completing the fields.

Disclaimer

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Florida. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk.

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR

, 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 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:

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):

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:

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.

Submitted By:

This document was prepared by the following attorney:

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:

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:

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:

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:

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:

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:

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:

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):

ORDERED on the day of , .