Warrensburg, NY asked in Probate for Florida

Q: Probate Question re: filing Disposition of Personal Prop without Admins. in Florida

My sister died as result of auto accident. All prop damage and medical injury bills are being handled under her auto policy. Other driver sustained minimal injuries and insurance trying to settle under limits of policy. Can we file for Disposition of Personal Prop without Administration while that is still open? Also at end of probate, will the court provide documentation so that we may access small bank accounts and disburse. Bank accepted Death Certif and locked accts but will need authorization from Probate at end to disburse. And finally, she had small annuity which named her children as benef. and will be sent to them directly. Does that need to be reported to Probate Court?

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1 Lawyer Answer
Lauren Nagel Richardson
Lauren Nagel Richardson
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: I am so very sorry for your loss. If you properly file the court papers for Disposition of Personal Property Without Administration and provide the appropriate supporting documentation and get the waiver/consent of all the heirs, then the court will prepare the order and the judge will sign it. Then you would get a certified copy of the order and take it to the bank for disbursement of the small accounts. If you have any difficulty with this process, however, you should definitely consult with a probate attorney.

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