Legal Question in Wills and Trusts in Florida

Re: Estate Question

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You should check with the local probate court in your county to see if they have any way to transfer property without property. In Miami-Dade, there is a process for very minimal assets but with a vehicle and several check, your situation may not qualify.

Scott R. Jay, Esq.

Re: Estate Question

Whoever is on the paid funeral bill as having paid should go to the Clerk Of Court, Probate division, at the county courthouse and ask about proceeding under the following statute (need a certified copy of the death certificate, copy of the bank statement, and the title to the car):

735.301 Disposition without administration.--

(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.

(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.