What is Disposition Without Administration?
In Florida, probate can be a long and arduous process. However, if a loved one passes away leaving only a small amount of assets, you may be able to use Disposition Without Administration (“DWA”). You can think of DWA as a “probate shortcut.” Instead of a months-long court case, you file a simple application with the Clerk of Court. If approved, the court issues a letter authorizing the bank or institution to release your loved one’s funds directly to you.
Who Qualifies?
To use this process, the estate must meet very specific criteria under Florida Statutes § 735.301. The decedent must not have owned any real property (land or homes) in their name alone. The estate must consist only of “Exempt Property,” which are items that are “safe” from creditors, and “Non-Exempt Property,” such as small assets used to reimburse funeral costs or medical bills. The process is strictly for personal property.
What Counts as “Exempt Property”? (Fla. Stat. § 732.402)
Certain items are legally protected for the surviving spouse or children. These items include:
- Household Items: Furniture, appliances, and furnishings in the home (up to $20,000).
- Vehicles: Up to two motor vehicles (each under 15,000 lbs) used regularly by the family.
- Tuition Programs: Florida Prepaid or 529 college savings plans.
- Death Benefits: Specific benefits for teachers and school administrators.
What About “Non-Exempt” Property?
“Non-Exempt” property refers to things like small bank accounts or a final paycheck. You can only claim this if the value is less than or equal to the total cost of preferred funeral expenses (capped at $6,000), and also reasonable medical/hospital expenses from the last 60 days of the decedent’s last illness. This means that the total value of non-exempt assets (like a bank account) must be less than or equal to the sum of those two costs.
For example: If the account has $10,000 and the funeral cost $5,000, you likely cannot use this process for the full amount unless there are qualifying medical bills for the other $5,000.
What Do You Need to File?
You will need to visit the Clerk of Court in the county where the person lived. Here are the basic steps to follow:
1. Gather Your Documents
- Death Certificate: A certified copy.
- The Will: If they had one, the original must be filed with the Clerk.
- Paid Bills: Itemized receipts for the funeral and medical bills showing who paid them.
- Assets: A bank statement, stock certificate, or vehicle title showing the value of assets you are trying to collect.
- Filing Fee: pay a filing fee that varies by county (~$231).
2. Fill Out the Petition
Most counties provide a “Disposition of Personal Property Without Administration” form on their website, but it can otherwise be submitted by mail or in person. You may need to follow county-specific instructions and requirements for submission. If there are other heirs (like siblings or a surviving spouse), the Clerk often requires signed and notarized Consents from them, agreeing that you should receive the funds.
3. Wait for the Order
If the judge or clerk approves your petition, they will provide a certified letter, authorizing you to transfer the funds. You can take this letter to the bank, and they are legally required to release the funds to you.
When the “Shortcut” Isn’t Enough
While DWA is a powerful tool for small bank accounts and household goods, it has very strict boundaries. Many families start this process only to hit a “legal wall” that requires a formal probate proceeding. DWA cannot help you if:
- The Decedent Owned Real Estate
- Assets Exceed the “Funeral plus Medical” Cap
- Dealing with “Hostile” Creditors
- Disputes Among Heirs
- Wrongful Death or Pending Lawsuits
How We Can Help
Don’t risk filing the wrong paperwork and losing your filing fee. If you are not sure if your estate is “simple” or “complex,” we can review your assets and tell you if you qualify for the shortcut or if we need to refer you to our team of trusted Florida probate attorneys.
