Under section 735.301 of the Florida State Probate Code, certain estates are eligible to be managed through “disposition without administration.” Disposition without administration is very straightforward and quick if your loved one passed away with minimal assets that need to be administered through the probate process. To learn more about disposition without administration, or if you believe your loved one’s estate may qualify, please don’t hesitate to speak with our seasoned Tampa probate lawyers today.
If you’re currently going through the probate process, whether disposition without administration or otherwise, you should strongly consider hiring a team of competent probate lawyers who can effectively guide you through the process. Fortunately, if you’re reading this, you’ve come to the right place. Contact Tampa Law Group today.
To be eligible for disposition without administration, the estate must have significantly lowered value, thus not meeting the requirements of the other two methods of probate available in Florida.
Additionally, the decedent’s estate must consist of only property that is exempt under section 732.402 of the Florida Statutes, personal property that is exempt from the claims of creditors under the Constitution of Florida, and non-exempt personal property the value of which does not exceed the preferred funeral expenses of the deceased, or reasonable and necessary “end of life” medical expenses.
Disposition without administration is a quicker and less costly form of probate administration.
However, there are several potential drawbacks to disposition without administration. Unlike Formal Administration, a “Personal Representative” is not appointed in a disposition without administration. Creditors are not notified and given 90 days to make a claim against the estate, thus leaving open their claims for two years after the passing of the decedent.
Unfortunately, as does happen from time to time, our deceased loved ones leave debt and/or other assets that the personal representative is unaware of, and thus, small estate probate methods eventually lead to formal administration, increased costs, and delay in transferring assets.
Hiring a knowledgeable Florida probate lawyer from the outset of your case can help minimize surprises and ensure you’re prepared for anything.
Before you proceed with a disposition without administration or any other form of probate administration, you should speak with our team of seasoned Tampa probate lawyers to determine which type of probate administration is appropriate for your loved one’s estate. Contact Tampa Law Group today.
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