Pompano Beach, FL asked in Probate for Florida

Q: My dad died w/ only an1,800$ bank account and his only debt was a 1,800 hospital bill. Do I go to probate or not?

I live in Florida and believe the hospital bill will be payed with that money before it would go to me(the informant). Thus I would not want to pay probate court fees to get nothing. Also I did pay 600$ for his cremation out of my pocket and he only had a living will.

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Probate Lawyer
  • Miami, FL
  • Licensed in Florida

A: In Florida, it is possible to file a Disposition of a Decedent's Personal Property Without Probate Administration which is a process that can reimburse the person who paid for the decedent's final expenses, such as funeral or medical bills, using the assets in the decedent's estate as payment.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and the passing of you dad, please accept my condolences. The hospital and or any other creditors will likely not get paid in an estate of this type. You can look into Disposition of Property Without Administration, you can file it yourself. Court fees, fees for administration and final funeral expenses are all priority expenses and would be paid before the hospital bill. You may be able to go it alone if you look online in the county where your dad lived with the clerk of the court or call the clerk of the court.

1 user found this answer helpful

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