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Florida Disposition Without Administration

For very small Florida estates with NO real property, no administration is required. This applies where the estate is only exempt personal property plus nonexempt personal property not exceeding the preferred funeral expenses plus reasonable medical/hospital expenses of the last 60 days of the last illness. A person who paid those expenses can be reimbursed (Fla. Stat. § 735.301).

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Whether an estate qualifies is fact-specific — check with a Florida attorney.

For the smallest estates, Florida allows disposition without administration — meaning no probate administration is required at all (Fla. Stat. § 735.301). It’s the simplest path Florida offers.

When no administration is required

This option applies when there is no real property and the estate consists only of:

  1. Personal property exempt from creditors; and
  2. Nonexempt personal property that does not exceed the amount of:
    • preferred funeral expenses, plus
    • reasonable medical and hospital expenses of the last 60 days of the last illness.

In other words, the estate is just enough to cover final expenses (and exempt items) — and nothing more.

Reimbursement for final expenses

A person who paid those preferred funeral expenses or final medical/hospital bills can be reimbursed from the estate’s personal property (Fla. Stat. § 735.301). That’s often the whole point of using this procedure.

If the estate is larger

If there’s real property, or the estate is worth more than final expenses, this path won’t apply. Look instead at summary administration (the $75,000 / 2-year route) or full formal administration. You can also review the personal representative’s duties and whether you need a lawyer. To get matched with a local Florida probate attorney, connect with a lawyer.

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Frequently asked questions

What is disposition without administration?
It is Florida's procedure for very small estates with no real property, where no probate administration is required at all (Fla. Stat. § 735.301).
Which estates qualify?
Estates consisting only of (1) personal property exempt from creditors and (2) nonexempt personal property that does not exceed the amount of preferred funeral expenses plus reasonable medical and hospital expenses of the last 60 days of the last illness. There must be no real property.
Can I get reimbursed for the funeral or medical bills I paid?
Yes. A person who paid those preferred funeral expenses or final medical/hospital expenses can be reimbursed from the estate's personal property under Fla. Stat. § 735.301.

Sources

Related guides

  • Do You Need a Lawyer for Florida Probate? In a Florida formal administration, the personal representative must be represented by a Florida attorney unless the PR is the sole interested person (or is themselves a Florida attorney) — Florida Probate Rule 5.030. This is a distinctive Florida requirement. Summary administration and disposition without administration may not require counsel in the same way, but a lawyer is common.
  • Florida Personal Representative Duties A Florida resident who is sui juris (an adult of sound mind) can serve as personal representative (Fla. Stat. § 733.302). A non-resident can serve only if related to the decedent (Fla. Stat. § 733.304). The PR is a fiduciary who collects assets, pays valid debts, and distributes the estate, and is entitled to a commission presumed reasonable at statutory percentage tiers (Fla. Stat. § 733.617).
  • Florida Summary Administration Summary administration is Florida's simplified, faster probate. It is available when EITHER the value of the estate subject to administration in Florida (less property exempt from creditors) is $75,000 or less, OR the decedent has been dead more than 2 years (Fla. Stat. § 735.201). Only one condition needs to be met.
  • The Florida Probate Process: Formal Administration Formal administration is Florida's full court-supervised probate under chapter 733, handled by the circuit court. The court appoints a personal representative and issues letters of administration; the PR gathers assets, settles debts and creditor claims, and distributes the rest. Creditors generally must file claims within set periods, and never more than 2 years after death.

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