Under certain circumstances, probate administration may not be required at all. A determination depends on the type and value of the decedent’s assets at the time of death. Probate administration is not necessary if the decedent’s estate is limited to the following assets:

1. Personal property that is considered exempt under Florida law; and/or,

2. Non-exempt personal property which is valued less than the combined amount of funeral expenses and reasonable medical expenses incurred in the last 60 days of the decedent’s life.

An attorney is not necessary if the estate meets the above qualifications. Contact your local Clerk of Court for instructions on how to file for Disposition of Personal Property.

The personal representative of an estate should retain experienced counsel to guide them through the administration process. We understand that most people in need of legal assistance with these matters are often dealing with the loss of a loved one and can be overwhelmed and uncertain of what to do next.