What Is Disposition without Administration in Florida?
Disposition without administration is a Florida procedure under section 735.301, Florida Statutes, for very small estates. When a decedent leaves only exempt property and limited personal property, the court can authorize transfer of the assets by letter without opening a probate administration.
Section 735.301 applies when the decedent leaves only certain kinds of property. The first category is personal property exempt under section 732.402, such as household items and vehicles within the statute's limits. The second is personal property exempt under the Florida Constitution. The third is nonexempt personal property whose value does not exceed the total of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
In that situation, no administration is required. On informal application, the court may authorize by letter or other writing under seal the payment, transfer, or disposition of the property to the persons entitled to it.
A person who pays or delivers property under that authorization is discharged from liability for doing so. Section 735.301 addresses only personal property.
Section 735.304 provides a separate route for an intestate estate when the decedent has been deceased for more than 1 year, no administration is pending in Florida, and the estate consists only of exempt personal property and nonexempt personal property worth no more than $20,000 plus the same funeral and last illness expenses. An heir may request distribution by affidavit.
Estates that do not fit these limits may qualify for summary administration. Effective July 1, 2026, chapter 2026-57, Laws of Florida, raised the summary administration threshold in section 735.201 to $150,000, measured after excluding property exempt from creditors. The filing process for that option in Brevard County is covered in summary administration filing.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Always consult a licensed attorney in your jurisdiction for advice tailored to your circumstances.
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