Fort Lauderdale, FL asked in Probate for Florida

Q: disposition of personal property without administration.... What is the most amount before heirs must open up a Probate?

I have heard $7,000 and also $10,000.

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

A: It is not the $7,000 or $10,000, it is the application of the Florida Statutes and rules related to probate. The initial Sum could be over the $10,000 until you apply all of the below and you would still qualify. You could have $20,000 of exempt property in still qualify and even have two automobiles above that and still qualify. You really need to discuss with an attorney and address more details and specifics and how all of this applies.

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.

Terrence H Thorgaard and Bruce Alexander Minnick agree with this answer

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