Asked in Probate, Small Claims and Social Security for Florida

Q: My father passed away without a will and the state is holding his last $1,800. Seeking advice for retrieval.

Possibly pro bono help since that’s literally all there is left. Needing to leave the area since I can’t make ends meet without his added income

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry to hear about your loss and the difficult situation you're facing. When someone passes away without a will in Florida, the process to retrieve their remaining assets, like your father's $1,800 held by the state, is known as intestate succession. Since the amount is relatively small, you may be able to go through a simpler process called "Disposition Without Administration," which is designed for small estates where the final expenses are more than the value of the property.

To begin, you'll need to fill out a form available from the local probate court or online through the Florida court's website. The form will ask for details about your father's estate, any debts, and your relationship to him. You will also need to provide a copy of the death certificate and possibly other documentation to prove your right to claim the funds.

Given your financial situation, you might want to seek assistance from legal aid organizations in Florida that provide free or low-cost services. Some county probate courts also offer help for people handling simple estates. It's important to act quickly, especially if you're planning to leave the area, so that you can settle these matters and focus on finding stability.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.