Disposition Without Administration in Florida — The Simplest Probate Option

Disposition Without Administration (sometimes called “DWoA”) is a simplified procedure under Florida Statute §735.301 that allows assets to be transferred to the person who paid the decedent’s final expenses, including funeral costs and medical bills, without opening a formal or summary probate case.

It is the simplest and most limited form of estate transfer in Florida. Unlike summary administration (which still involves a formal court petition and an Order of Summary Administration), Disposition Without Administration is handled through a simple application to the court, often resolved without a formal hearing.

This process was designed for the most modest estates, such as situations where the decedent left behind little more than what was needed to cover their end-of-life expenses, or where all property is exempt from creditor claims under Florida law.

Disposition Without Administration is available when the estate meets one of the following two criteria:

Criterion 1 — The Estate Consists Entirely of Exempt Property

Florida law exempts certain categories of property from creditor claims entirely. If the decedent’s entire estate consists of exempt property, no probate proceeding is necessary; the property passes directly to the surviving spouse or heirs by operation of law.

Exempt property under Florida law includes:

• Homestead real property — the decedent’s primary residence
• Up to two motor vehicles (with specific limitations)
• Household furnishings and appliances up to $20,000 in value
• Up to $1,000 in personal property
• Certain pension, retirement, and annuity benefits
• Life insurance proceeds with named beneficiaries

If every asset in the estate falls into one of these categories, there are no probate assets to administer. Disposition Without Administration (or simply no proceeding at all) handles the situation.

Criterion 2 — Non-Exempt Assets Are Worth Less Than Final Expenses

If the estate contains non-exempt assets, such as a bank account or vehicle, Disposition Without Administration is available when the value of those non-exempt assets does not exceed the total of:

• Preferred funeral expenses, AND
• Reasonable and necessary medical or hospital expenses from the last 60 days of the decedent’s illness

Example: The decedent had a bank account with $3,200 and no other non-exempt assets. Funeral expenses were $4,500. Because the bank account value ($3,200) is less than the funeral expenses ($4,500), Disposition Without Administration may apply. The bank can release the funds to the person who paid the funeral expenses upon presentation of the court order.

The process is straightforward compared to any other form of probate:

1. File a Petition with the Circuit Court. A simple petition (Florida Probate Rule Form 5.600) is filed in the county where the decedent was domiciled at death. The petition identifies the decedent, lists the assets, and describes the exempt property or final expenses that support the application.
2. Attach supporting documentation. Include the death certificate, receipts or documentation for funeral and medical expenses, and evidence of the asset values (bank statements, etc.).
3. Court issues an Order. The court reviews the petition and, if it qualifies, issues an Order authorizing the transfer of assets to the petitioner. No formal hearing is typically required for straightforward cases.
4. Present the Order to the institution. The petitioner presents the court’s Order to the bank, financial institution, or other asset holder, which then releases the funds or transfers the asset.

The entire process can often be completed in days to a few weeks, depending on the court’s processing time.

Disposition Without Administration is the right tool for a narrow set of circumstances. It is not appropriate when:

• The estate includes real estate that needs to be transferred (real property requires at minimum summary administration or formal administration)
• There are creditors beyond the final expense providers who need to be paid from estate assets
• The non-exempt asset value exceeds the final expense costs
• There are disputes among family members or beneficiaries about asset distribution
• The estate involves a business interest or investment accounts

For estates that don’t qualify for Disposition Without Administration, summary administration is the next simplest option. Our attorneys can quickly assess which process applies in your first consultation.

Disposition Without Administration is governed primarily by Florida Statute §735.301 and Florida Probate Rules Form 5.600. The statute sets the qualifying criteria and authorizes the court to issue an order directing the transfer of assets. The Probate Rules establish the form and required content of the petition.

Related statutes include Florida Statute §222.20 (exempt property from creditors) and Florida Statute §732.401–732.403 (homestead and exempt property rules). Our attorneys review the applicable statutes for every case to confirm qualification before filing.

Florida law does not require attorney representation for Disposition Without Administration. However, a few situations make legal guidance valuable:

• The petition must accurately characterize the assets and match the statutory criteria; an incorrect petition is rejected and must be refiled
• If the court has questions about the petition or schedules a hearing, an attorney can respond and represent the petitioner
• If it’s unclear whether the estate qualifies (for example, when asset values are close to the final expense threshold), an attorney can make the determination before you invest time in a petition that may be denied

For most straightforward cases, we can advise you on whether Disposition Without Administration applies and help you prepare the petition correctly.