Lake Worth, FL asked in Estate Planning for Florida

Q: My mother passed with one asset in the amount of $7772.13. Do I file for Sumary Judgment or Disposition of Property?

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and the passing of your mom, please accept my condolences. Generally, Disposition of Property Without Administration may be applicable, you can check online with the clerk of the court and on the forms. Here is the rule for Florida Statute 735.301: 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.

If more is needed, then likely a Summary Administration will be required, the judges usually require you to have an attorney for such a filing, not always, but most of the time in Florida. Depending on the type of asset/s and other issues that arise or other details it may become necessary to have a Summary Administration (unknown accounts arise, retirment accounts, safe deposit box, homestead issues, etc., as examples).

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