Because of this, states have developed methods that simplify the traditional probate process for smaller estates. If an estate is very small, it might qualify for a small estate proceeding, also known as disposition of personal property without administration, in the State of Florida. It permits an heir or beneficiary to petition the court to simply transfer the estate. At McGraw, Rauba & Mutarelli, a probate law firm in Ocala, FL, we can help guide you through the process.
Disposition of personal property without administration is a process that allows the person who paid for a decedent’s final expenses, be it funeral expenses or medical and hospital expenses from an illness, to be reimbursed through the assets of the decedent’s estate. A person would qualify for the process only if no real estate was left by the decedent and either the decedent’s assets do not exceed the total amount of expenses, or personal property is exempt from the claims of creditors. Although this process avoids the lengthy procedures of probate, it has its risks and can be impractical at times. For this reason, it is important to have an Ocala probate lawyer who understands the process alongside you so that you may make the best decision for your case.
To request reimbursement of your expenses through this process a “Disposition of Personal Property Without Administration” form must be filed with the court. If the court deems that the case does in fact qualify for disposition without administration, it will, under the seal of the court, authorize the payment, transfer, or disposition of the decedent’s personal property to the entitled person. The things needed for the process to take effect include:
After completing all the necessary forms, they must be filed with the clerk along with the application fee. Application fees may vary depending on the court. The submitted forms may have to be sworn to before a notary public or the deputy clerk. Once all the documents are filed, they will be delivered to the judge and a certified copy of the order to distribute assets should be provided to you. The certified copy will then need to be shown to the financial institution by you.
At McGraw, Rauba & Mutarelli, we can provide you with a reliable Ocala attorney to oversee and guide your disposition without administration case, or suggest the best course of action for your case. Distributing assets and probate law can be complicated, we are here to make everything easier on you during these emotional times, contact us for a consultation.
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