What the rule says
Florida Statutes § 735.301 provides for "disposition of personal property without administration" — an informal procedure for handling the smallest Florida estates without opening any probate proceeding. The procedure is available when the value of the entire estate, excluding exempt property, does not exceed the sum of:
- The amount of preferred funeral expenses - Reasonable and necessary medical and hospital expenses of the last 60 days of the decedent's last illness
In practical terms, the procedure applies when the decedent's only non-exempt assets are sufficient (or insufficient) to cover funeral and end-of-life medical expenses, with nothing left over to distribute.
Rather than file probate, an interested party (typically a surviving spouse, family member, or creditor seeking payment of funeral or medical expenses) can submit a petition or affidavit to the clerk of the circuit court explaining the circumstances. The clerk authorizes payment of the funeral and medical expenses from the available estate assets. No formal proceeding is opened, no personal representative is appointed, and no court hearing is required.
What "exempt property" includes
Florida exempts substantial categories of property from probate administration. Exempt property under Florida Statutes § 732.402 includes:
- Household furniture, furnishings, and appliances in the decedent's usual place of abode (up to a specified value) - Two motor vehicles held in the decedent's name and used personally - Tuition programs and similar education savings accounts - Certain death benefits and other items specified by statute
Exempt property passes to the surviving spouse and children regardless of probate. It does not count toward any threshold (including the disposition-without-administration threshold or the summary administration threshold).
Florida's constitutional homestead is separately protected and is not part of the probate estate at all when the decedent leaves a surviving spouse or minor children.
What this means in practice
Disposition without administration is an extremely narrow procedure. It applies only when the estate has essentially no value beyond what is needed to cover funeral and last-illness medical expenses. Common scenarios:
- Decedent had only modest personal property and end-of-life medical bills. A surviving family member can use the procedure to authorize the funeral home or medical provider to be paid from the available property without filing probate. - Decedent had only a checking account with a small balance. If the balance is consumed by funeral and medical expenses, no probate is needed. - Decedent's exempt property covers basic family needs. The exempt property passes to the surviving spouse or children automatically, leaving only minimal non-exempt property to consider.
For estates with any substantial non-exempt property — savings, investments, real property other than homestead, vehicles beyond the two exempt — disposition without administration is not available. Summary administration or formal administration is needed instead.
How this fits with other Florida procedures
Florida's procedural alternatives in order of formality:
- Disposition without administration (§ 735.301): Smallest estates, only exempt property plus immediate funeral/medical expenses. No proceeding opened. - Summary administration (§ 735.201): Estates up to $75,000 (excluding exempt and homestead) OR more than two years old. Court order. - Formal administration (Fla. Stat. ch. 733): Larger or more complex estates. Personal representative appointed.
For most Florida residents, disposition without administration is too narrow to be useful. The procedure exists to handle minimal estates without forcing families through any court proceeding when there is essentially nothing to administer.
What you can do about it
For a survivor of a Florida decedent considering disposition without administration:
1. Calculate the value of all non-exempt probate assets. Exclude exempt property, homestead, and assets passing by beneficiary designation or joint title. 2. Identify funeral expenses and last-60-days medical expenses. These are the categories the procedure can pay. 3. If the non-exempt probate assets do not exceed funeral and medical expenses, the procedure may be available. 4. Submit a petition or affidavit to the clerk of the circuit court. Florida courts provide forms for this purpose. 5. The clerk authorizes payment. Funds are released directly to creditors (funeral home, medical providers) or to the petitioner for payment to those creditors.
For estate planning, disposition without administration is rarely a goal — it implies an estate of essentially no value beyond covering end-of-life expenses. More commonly, residents structure estates to qualify for summary administration or to avoid probate entirely through trusts and beneficiary designations.
Who this affects most
Disposition without administration is most relevant for:
- Families of Florida decedents with very limited assets at death - Households where the decedent's only non-exempt property was a small bank account and personal effects - Survivors who need to pay funeral or medical expenses but have no other estate matters to address - Creditors (funeral homes, hospitals) seeking payment when there is no formal probate proceeding
The procedure fills a narrow but useful niche. For most Florida estates, it is not the right procedure — but for the smallest cases, it allows families to handle final expenses without opening probate.