Q: Is it worthwhile to try recovering my deceased son's only asset?
My adult son who lived in FL died 11/2019. He did not have a will. He left behind an adult daughter and me who both live out of state. He had incurred many thousands of dollars in unpaid medical bills and credit card debt. I paid $1,593 for his cremation. His only asset is a total of $805.58 left in a FL bank. The bank is requiring me to obtain a Summary Administration (fee of $235) before releasing the funds to me.
A:
It appears to me that his daughter (who would inherit under the intestacy statute (Florida Statute 732.103)) should be able to access this account by filing for disposition without administration. the pertinent Florida statute reads as follows:
"735.301 Disposition without administration.—
(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, 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.
(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.
(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon."
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