The Short Answer
Disposition without administration is Florida’s answer for the smallest estates, and it is not really a probate at all. There is no court case and no personal representative. Whoever paid the deceased person’s final expenses simply asks the clerk to release the small assets that are left, to reimburse them. Think of a modest bank account left over after the funeral and final bills were paid. When it fits, nothing is faster or cheaper.
Do You Qualify?
Generally, yes if both are true:
- No real estate in the deceased person’s sole name, and
- the only assets are exempt personal property plus non-exempt property that does not exceed the cost of the final illness and funeral expenses.
In plain terms: there is no house, and what little remains is roughly enough to cover the funeral and final bills. If there is a home or more substantial assets, you need summary administration or a formal administration instead.
Not sure if the estate is small enough?
Book a free 30-minute consult. We will tell you honestly whether you can do this yourself or need a different path.
Book your free consultHow It Works
You file an informal request with the clerk of court, often on the clerk’s own form, with proof of the death, the final expenses you paid, and the asset to be released (a bank statement, for example). If it qualifies, the clerk authorizes the institution to release the funds to you, usually with no hearing. Many people do this without a lawyer, and we will tell you if that is your situation. The one bright line: it cannot transfer a house. Real estate always takes summary or formal administration, unless the home was already set up to pass by a lady bird deed.
Frequently Asked Questions
What Is Disposition Without Administration in Florida?
It is the simplest way Florida handles a very small estate, and technically it is not a probate at all. There is no court case and no personal representative appointed. Instead, the person who paid the deceased’s final expenses asks the clerk to release the small assets that are left, to reimburse them. It is meant for cases like a modest bank account left behind after a funeral and final bills were already paid. When it fits, it is the fastest and cheapest option available.
Do I Qualify for Disposition Without Administration?
You generally qualify if the person left no real estate, and the only assets are exempt personal property plus non-exempt property that does not exceed the cost of their final illness and funeral expenses (roughly the last 60 days of medical care). In plain terms: there is no house, and what little is left is about enough to cover the funeral and final bills. If there is real estate or more substantial assets, you need summary administration or a formal administration instead. We confirm which fits at the consult.
How Is It Different From Summary Administration?
Summary administration is a shortened probate that distributes an estate of up to $75,000 (or any estate over two years old) to the heirs, with a court order. Disposition without administration is smaller and simpler still: there is no distribution to heirs and no court order, just a reimbursement of the person who paid the final expenses out of the small remaining assets. Disposition is for the tiniest estates; summary administration is the next step up.
How Do I File for Disposition Without Administration?
You file an informal request, often the clerk of court has a form, with proof of the death, the final expenses you paid, and the asset to be released (for example, a bank statement). The clerk reviews it and, if it qualifies, authorizes the institution to release the funds to you. There is usually no hearing and frequently no lawyer needed, though we are glad to confirm you qualify and prepare it so the bank does not bounce it back.
Can I Use This to Transfer a House?
No. Disposition without administration cannot transfer real estate, that is the bright line. If the person owned a home in their sole name, you need summary administration or a formal administration to clear title, no matter how small the rest of the estate is. The exception is if the home was already set up to pass outside probate, for example with a lady bird deed, in which case no probate of any kind is needed for the house.
Do I Need a Lawyer for This?
Often not, which is part of the appeal, the clerk’s process is designed to be done without one for a clearly qualifying small estate. That said, it is easy to misjudge whether the estate truly qualifies, and a bank may reject a request that is not prepared correctly. We will tell you honestly at the free consult whether you can do it yourself, need disposition prepared, or actually need summary administration instead.
Common Situations
The reimbursed daughter. A daughter paid her father’s $9,000 funeral and final medical bills; his only asset is a $7,000 bank account in his name. Disposition without administration releases it to her, no probate, no lawyer required.
The case that needed more. A son assumes disposition will cover his mother’s estate, but she owned a small condo. Because there is real estate, it takes summary administration instead, which we handle quickly.
Sources of Law
- Fla. Stat. §735.301 (disposition of personal property without administration); exempt property under §732.402. Real property cannot be transferred this way; see ch. 735 summary administration and ch. 733 formal administration. flsenate.gov (retrieved 2026-06-08)
Updated on June 8, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Eligibility depends on the specific estate. Do not send confidential information until we have agreed to represent you.