Minimal Assets, No Will Do I need Probate

[damomma]

What is the name of your state (only U.S. law)? Florida
My son aged 39 died suddenly Sep 21. He had no will. His only asset was his bank account of $910. His only liability is IRS back taxes. His life insurance policy went to a minor, his niece, naming no adult as guardian.

I have already signed a contract with the funeral home to pay the funeral on installments. The county in which he lives says I have to go thru formal probate. There isn't even enough money in the estate to cover that. Is there anything I can do to get the money from the bank which says I need an administrator's letter which costs $231. To get that the court wants a filing fee of $231. If there is formal probate there are publishing costs and filing costs for asset inventory and so on. Is there some other way?

 

[anteater]

Sorry for your loss.

You should be able to get by with what is called "Disposition without administration" under Florida 735.301. I believe that there is still a court fee, but it is undoubtedly less than formal or summary administration.

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.

 

[damomma]

Thank you so much. My younger son is trying to find a pro buono legal service to tell me how to do the affidavit and such.