RULE 5.420. DISPOSITION OF PERSONAL PROPERTY
WITHOUT ADMINISTRATION

(a) Application. An interested person may request a
disposition of the decedent’s personal property without
administration. An application signed by the applicant shall set
forth:

(1) the description and value of the exempt property;

(2) the description and value of the other assets of the
decedent;
(3) the amount of preferred funeral expenses and
reasonable and necessary medical and hospital expenses for the
last 60 days of the last illness together with accompanying
statements or payment receipts; and

(4) each requested payment or distribution of personal
property.

(b) Exempt Property. If the decedent’s personal property
includes exempt property, or property that can be determined to be
exempt property, the application must also be signed by all persons
entitled to the exempt property or by their representative.

(c) Preparation. On request, the clerk shall assist the
applicant in the preparation of the required writing.

(d) Disposition. If the court is satisfied that disposition
without administration is appropriate, the court may, without
hearing, by letter or other writing authorize the payment, transfer,
or disposition of the decedent’s personal property to those persons
entitled to it.

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

1977 Revision: Permits the clerk to perform limited ministerial
acts in the completion of the application.

1984 Revision: Editorial changes. Delineates the required
contents of the application. Committee notes revised.
1988 Revision: Subdivision (a)(3) changed to require applicant
to attach accompanying statements or payment receipts regarding
priority expenses. Subdivision (b) added to require persons entitled
to exempt property to agree to the proposed disposition. Committee
notes expanded.

1992 Revision: Editorial change. Committee notes revised.
Citation form changes in committee notes.

2003 Revision: Committee notes revised.

Statutory References

§ 732.402, Fla. Stat. Exempt property.

§ 735.301, Fla. Stat. Disposition without administration.

Rule Reference

Fla. Prob. R. 5.205(a)(4) Filing evidence of death.