Florida Probate: Disposition of Personal Property Without Administration

Most people assume that settling an estate in Florida always means going to probate court. For the smallest estates — particularly where someone paid for the decedent's funeral or final medical bills out of pocket — Florida law offers a mechanism to skip the probate process entirely and get reimbursed directly without a judge ever opening a case.

What Disposition Without Administration Is

Disposition of Personal Property Without Administration is a non-probate mechanism created under Florida Statute §735.301. It is designed for one specific situation: reimbursing individuals who paid the decedent's funeral and final medical expenses from their own funds.

It is not a general small-estate shortcut. It has a narrow eligibility window, and it cannot be used to transfer real estate under any circumstances.

The 2026 Updated Cap: $20,000

Under CS/SB 1500 — Florida's significant 2026 probate reform law — the cap for Disposition Without Administration increased from $10,000 to $20,000 effective July 1, 2026.

The full eligibility requirements:

• The estate must consist entirely of exempt property (homestead, vehicles, household goods) and non-exempt personal property
• The total value of non-exempt personal property cannot exceed $20,000
• The assets can only be used to reimburse those who paid for the decedent's funeral and burial costs, or for medical and hospital expenses incurred within the last 60 days of the decedent's final illness

If those conditions are met, the person who paid those expenses can file a simple petition with the circuit court requesting a court order directing payment from the estate. No Letters of Administration are issued. No personal representative is appointed. The judge reviews the petition and, if satisfied, issues an order directly authorizing the transfer.

What It Cannot Do

The limitations are significant:

Real estate is categorically excluded. No real property — home, condo, vacant land — can be transferred through Disposition Without Administration. Period. The statute explicitly prohibits it. If the estate includes real property, some form of probate is required to clear title.

It is not a substitute for summary administration. If the estate's assets include bank accounts, investment accounts, vehicles with title, or personal property worth more than $20,000, Disposition Without Administration does not apply. The correct route for those estates is summary administration (now available up to $150,000 in non-exempt assets under 2026 law) or formal administration.

It does not transfer assets to heirs generally. The only permitted use is reimbursement of specific expenses — funeral and burial costs, and medical expenses from the last 60 days of illness. If a surviving family member wants to inherit cash, jewelry, or bank account funds beyond those specific reimbursements, they need summary or formal administration.

Who Can File the Petition

The petition is filed by the person who actually paid the qualifying expenses. This is typically:

• A family member who advanced funeral home costs
• A family member or caregiver who paid hospital bills during the final illness
• The funeral home itself, in some cases

The petitioner does not need to be an heir or a named beneficiary. Anyone who paid qualifying expenses and has documentation (receipts, invoices, payment records) is eligible to petition.

How It Compares to Summary Administration

For deaths occurring on or after July 1, 2026, the full comparison of Florida's simplified probate options:

Summary administration requires more steps — a petition, a sworn statement of assets and liabilities, and a court order — but it accomplishes far more. It can transfer real estate (through the resulting court order), distribute assets to beneficiaries generally, and handle estates with more complex asset profiles.

The Two-Year Alternative for Summary Administration

Even without the $150,000 cap, summary administration is available when the decedent has been dead for more than two years, regardless of estate size. This is worth knowing for families who delayed probate — a very large estate can qualify for the faster summary process once two years have passed from the date of death.

Figuring out which Florida probate route applies to your specific situation is the foundational decision that affects everything else — cost, timeline, attorney requirements, and what assets can be transferred. The Florida Final Tax & Estate Tax Guide includes a decision framework for all three routes, with the 2026 threshold changes incorporated.

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