When a loved one dies, the expenses leading up to the death and after the burial can be extremely strenuous on families. Florida probate law allows for such family members to be compensated for certain expenses such as medical fees and funeral arrangements. These funds are deducted from the decedent's estate. This process is known as Disposition of Personal Property without Administration. To discover more about the way this reimbursement process works, you should contact an experienced probate attorney in Gainesville, FL.
Disposition of Personal Property
In order to achieve a disposition of personal property without administration in Florida, you must file a petition with the court. There is usually a fee involved to process the paperwork. A successful “Disposition of Personal Property without Administration” form should contain the following attached documents:
If you are looking to file a disposition of personal property without administration in Florida, you will need to locate the following for submission to the court:
- The notarized Petition of Disposition Without Administration form
- Death certificate of the deadent
- The decedent's will (if applicable)
- The decedent’s life insurance policy
- Proof of payments (such as receipts for funeral arrangements)
- Copy of documents illustrating the decedent's assets (for example, bank statements)
- Copy of medical expenses and medical receipts leading up to the death (roughly 60 days)
- Written consent of other beneficiaries/heirs (which should include name and basic contact information)
- Statement from creditors
- Fee for filing the petition
- If the decedent was unmarried and did not have any children, an affidavit is necessary
A probate lawyer can help you locate, access and gather these materials. Because Florida probate law is taken seriously, the manner in which such documents are presented to a court of law is important. The documents should be typed, organized and clearly visible to read and understand. Most importantly, the information provided should be accurate, truthful and submitted within a timely manner. There are many stipulations involved in the types of documents that are submitted, so it is best to contact an experienced probate attorney for assistance.
Special Circumstances
In the state of Florida, disposition of personal property without administration in Florida is only applied in limited circumstances. Typically, what is provided within a decedent's will is what must be followed in terms of distribution of assets to eligible beneficiaries and heirs. However, because funeral arrangements and other expenses leading up to a decedent’s death/burial may provide an unreasonable burden on families, Florida probate law makes an exception in special circumstances.
Gainesville probate attorneys are vital to filing a disposition of personal property without administration in Florida form. These types of petitions are not supervised by administration so it is important that they are done properly.
In most cases, this special process is only available if:
- The decadent did not leave any real estate
- The assets in the estate do not exceed the total amount of the final expenses
- The assets in the estate are unqualified for creditor’s claims
While disposition of personal property without administration in Florida is helpful to struggling families, it may often pose unique challenges. Probate law firms are familiar with the Florida probate process and can help you determine if such petition is the appropriate thing to file.
Experienced Probate Lawyers in Gainesville, FL
Probate lawyers in Gainesville can simplify the process of filing for disposition of personal property without administration. A probate attorney can help you determine if this option is suitable for your needs; help you explore other options; assist you with gathering information and supporting documents to ensure that your petition is approved; and provide general guidance and counseling throughout the process.
At the Law Office of Silverman, Mack & Associates, our experienced probate attorneys are knowledgeable, accessible and empathetic to your unique needs. Contact our Gainesville probate law firm today for reimbursement of funds utilized for a decedent's expenses.