Q: Can I file for personal property distribution to reimburse funeral costs in FL?

A: I am very sorry for your loss on the passing of your sister, please accept my condolences at this sad and difficult time. You will want to contact the clerk of the court in Leon County, Florida, that is Tallahassee and ask them for the documents for a probate for "Disposition of Property Without Administration", you may be able to go online and find them as well on the clerk of court website but clerk's try to be very helpful always and if you call they will be able to direct you. Below is the Florida Statute that would apply and which you would use to accomplish this specifically, as you can see, from your described circumstances this would qualify clearly.

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 State Constitution, 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.

A: Yes, in Florida, you can file a “Disposition of Personal Property Without Administration” to seek reimbursement for funeral expenses, especially when the estate is small and meets specific conditions. Since your sister died without significant assets and the only funds available are in her bank account, this process might apply to your situation. Florida law allows this type of petition when the deceased person’s assets are exempt or do not exceed the amount of preferred funeral and medical expenses.

Because you paid $3,100 for the funeral and there’s only $1,700 in the account, you may be entitled to recover as much of that amount as possible before unsecured creditors are paid. Funeral expenses are considered priority claims, so they typically come before debts like utility bills or unsecured bank loans. The court will require receipts, proof of payment, and documentation showing the value of the remaining assets.

You’ll need to file the petition in the probate court in Leon County and include supporting documents, including a death certificate and itemized funeral bill. It may take some time, but this route is often quicker and less expensive than formal probate. Keep in mind, though, that the reimbursement will likely be limited to the funds available in your sister’s account. It’s a hard time to handle both grief and finances, but this process is there to help ease that burden just a bit.