Florida Probate Rule 5.425
RULE 5.425. DISPOSITION WITHOUT ADMINISTRATION OF
INTESTATE PERSONAL PROPERTY IN SMALL
ESTATES
(a) Administration Not Required. No administration shall
be required or formal proceedings instituted upon the estate of a
decedent who:
(1) died intestate;
(2) leaves only:
(A) personal property exempt under the provisions
of section 732.402, Florida Statutes,
(B) personal property exempt from the claims of
creditors under the Florida Constitution, and
(C) non-exempt personal property the value of
which does not exceed the sum of $10,000 and the amount of
preferred funeral expenses and reasonable and necessary medical
and hospital expenses of the last 60 days of the last illness;
(3) has been deceased for more than 1 year; and
(4) no administration of the decedent’s estate is
pending in this state.
(b) Affidavit. Any heir at law of the decedent entitled to a
share of the intestate estate pursuant to section 732.102 or section
732.103, Florida Statutes, may by affidavit request distribution of
assets of the decedent by affidavit. The affidavit must be signed and
verified by the surviving spouse, if any, and any heirs at law, except
that joinder in the affidavit is not required of an heir at law who will
receive a full intestate share under the proposed distribution of the
personal property. The affidavit shall contain:
(1) a statement that the decedent died intestate, and
that after the exercise of reasonable diligence, the person signing
the affidavit is unaware of any unrevoked wills or codicils;
(2) a statement that the decedent has been deceased
for more than 1 year;
(3) a statement that the decedent died leaving only
personal property exempt under the provisions of section 732.402,
Florida Statutes, personal property exempt from the claims of
creditors under the Florida Constitution, and non-exempt personal
property the value of which does not exceed the sum of $10,000;
(4) a description of all assets subject to distribution
without administration and their values;
(5) a statement setting forth the amount of preferred
funeral expenses and reasonable and necessary medical and
hospital expenses of the last 60 days of the last illness;
(6) a statement that no administration of the decedent’s
estate is pending in this state;
(7) a statement of the relationship of each person
signing the affidavit to the decedent, and each person’s name and
address;
(8) the name and last known address of the decedent,
last 4 digits of the decedent’s social security number, date and
place of death of the decedent, and state and county of decedent’s
domicile;
(9) so far as is known, the names and addresses of the
surviving spouse, if any, and the heirs of the decedent, and their
relationship to the decedent and the year of birth of any who are
minors;
(10) a statement either:
(A) that all claims against the decedent’s estate
are barred; or
(B) that a diligent search and reasonable inquiry
for any known or reasonably ascertainable creditors has been made
and one of the following:
(i) a statement that the estate is not
indebted;
(ii) the name and address of each creditor,
the nature of the debt, the amount of the debt and whether the
amount is estimated or exact, and when the debt is due. If provision
for payment has been made other than for full payment in the
proposed distribution schedule, the following information must be
shown:
(a) the name of the person who will pay
the debt,
(b) the creditor’s written consent for
substitution or assumption of the debt by another person,
(c) the amount to be paid if the debt
has been compromised, and
(d) the terms for payment and any
limitation on the liability of the person paying the debt; and
(11) a schedule of proposed distribution of all
intestate personal property.
(c) Service. The affidavit must be served in the manner of
formal notice upon
(1) all heirs at law who have not joined in the affidavit;
(2) all known or reasonably ascertainable creditors of
the decedent; and
(3) if at the time of death the decedent was over the age
of 55 years, upon the Agency for Health Care Administration.
(d) Writing Under Seal of Court. If the court determines
that section 735.304(1) is applicable and the affidavit filed by the
heir at law meets the requirements of section 735.304(2), the court,
by letter of other writing under the seal of the court, must authorize
the payment, transfer, disposition, delivery, or assignment of the
tangible or intangible personal property to those persons entitled.
Committee Notes
Section 732.402, Florida Statutes, requires persons entitled to
exempt property, which excludes property specifically or
demonstratively devised, to file timely a petition to determine
exempt property. Accordingly, disposition of personal property
under this rule should not be granted if decedent’s personal
property includes exempt property without all persons entitled
thereto agreeing to such disposition.
Rule History
2020 Adoption: New rule based upon Chapter 2020-110, Laws
of Florida.
Statutory References
§ 735.304, Fla. Stat. Disposition without administration of
intestate property in small estates.
INTESTATE PERSONAL PROPERTY IN SMALL
ESTATES
(a) Administration Not Required. No administration shall
be required or formal proceedings instituted upon the estate of a
decedent who:
(1) died intestate;
(2) leaves only:
(A) personal property exempt under the provisions
of section 732.402, Florida Statutes,
(B) personal property exempt from the claims of
creditors under the Florida Constitution, and
(C) non-exempt personal property the value of
which does not exceed the sum of $10,000 and the amount of
preferred funeral expenses and reasonable and necessary medical
and hospital expenses of the last 60 days of the last illness;
(3) has been deceased for more than 1 year; and
(4) no administration of the decedent’s estate is
pending in this state.
(b) Affidavit. Any heir at law of the decedent entitled to a
share of the intestate estate pursuant to section 732.102 or section
732.103, Florida Statutes, may by affidavit request distribution of
assets of the decedent by affidavit. The affidavit must be signed and
verified by the surviving spouse, if any, and any heirs at law, except
that joinder in the affidavit is not required of an heir at law who will
receive a full intestate share under the proposed distribution of the
personal property. The affidavit shall contain:
(1) a statement that the decedent died intestate, and
that after the exercise of reasonable diligence, the person signing
the affidavit is unaware of any unrevoked wills or codicils;
(2) a statement that the decedent has been deceased
for more than 1 year;
(3) a statement that the decedent died leaving only
personal property exempt under the provisions of section 732.402,
Florida Statutes, personal property exempt from the claims of
creditors under the Florida Constitution, and non-exempt personal
property the value of which does not exceed the sum of $10,000;
(4) a description of all assets subject to distribution
without administration and their values;
(5) a statement setting forth the amount of preferred
funeral expenses and reasonable and necessary medical and
hospital expenses of the last 60 days of the last illness;
(6) a statement that no administration of the decedent’s
estate is pending in this state;
(7) a statement of the relationship of each person
signing the affidavit to the decedent, and each person’s name and
address;
(8) the name and last known address of the decedent,
last 4 digits of the decedent’s social security number, date and
place of death of the decedent, and state and county of decedent’s
domicile;
(9) so far as is known, the names and addresses of the
surviving spouse, if any, and the heirs of the decedent, and their
relationship to the decedent and the year of birth of any who are
minors;
(10) a statement either:
(A) that all claims against the decedent’s estate
are barred; or
(B) that a diligent search and reasonable inquiry
for any known or reasonably ascertainable creditors has been made
and one of the following:
(i) a statement that the estate is not
indebted;
(ii) the name and address of each creditor,
the nature of the debt, the amount of the debt and whether the
amount is estimated or exact, and when the debt is due. If provision
for payment has been made other than for full payment in the
proposed distribution schedule, the following information must be
shown:
(a) the name of the person who will pay
the debt,
(b) the creditor’s written consent for
substitution or assumption of the debt by another person,
(c) the amount to be paid if the debt
has been compromised, and
(d) the terms for payment and any
limitation on the liability of the person paying the debt; and
(11) a schedule of proposed distribution of all
intestate personal property.
(c) Service. The affidavit must be served in the manner of
formal notice upon
(1) all heirs at law who have not joined in the affidavit;
(2) all known or reasonably ascertainable creditors of
the decedent; and
(3) if at the time of death the decedent was over the age
of 55 years, upon the Agency for Health Care Administration.
(d) Writing Under Seal of Court. If the court determines
that section 735.304(1) is applicable and the affidavit filed by the
heir at law meets the requirements of section 735.304(2), the court,
by letter of other writing under the seal of the court, must authorize
the payment, transfer, disposition, delivery, or assignment of the
tangible or intangible personal property to those persons entitled.
Committee Notes
Section 732.402, Florida Statutes, requires persons entitled to
exempt property, which excludes property specifically or
demonstratively devised, to file timely a petition to determine
exempt property. Accordingly, disposition of personal property
under this rule should not be granted if decedent’s personal
property includes exempt property without all persons entitled
thereto agreeing to such disposition.
Rule History
2020 Adoption: New rule based upon Chapter 2020-110, Laws
of Florida.
Statutory References
§ 735.304, Fla. Stat. Disposition without administration of
intestate property in small estates.