In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Florida, the state provides a simplified process for administering small estates through what is known as 'Disposition of Personal Property Without Administration.' This process is designed for estates that consist primarily of personal property and are valued below a certain threshold. As of the knowledge cutoff in 2023, this threshold is typically assets valued at the amount of funeral expenses and reasonable medical expenses of the last 60 days. This process allows for the transfer of assets without formal administration or probate. To utilize this process, the person entitled to the assets must file a 'Disposition of Personal Property Without Administration' form with the probate court. If the court approves the request, it can issue an order releasing the assets to the person who filed the request. It's important to note that this process does not apply to real estate and is only available for personal property. For those seeking to transfer real property, Florida law may require a more formal probate process. An attorney can provide guidance on whether an estate qualifies for this simplified process and assist with the necessary filings.