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:(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.Adopted by 309 So.3d 196, effective 12/31/2020.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.