Probate for one little check??

[peppylady]

What is the name of your state (only U.S. law)?Florida


My stepgrandfather died on Feb 2, 2011. He had a checking acct with me as beneficary POD he has a trust, I am trustee. He has no other living relatives. My grandmother died in 07.
His checking acct only had about 800.00 in it. On Feb 3 his Social Security check went thru his checking acct as usual and on Feb 10 SS took it away. I went down to SS today and they told me because my grandmother died we now have to probate that one little Social Security check they just can't give it to me. I can't believe I will have to probate a 950.00 check. I went to the clerk of court and they told me it will cost between 300-400 dollars for probate. Isn't there some other way? I guess it is because he died on the 2nd and the check went into his acct on the 3rd. This check is for the month of January when he was alive. My grandfather made up a trust to avoid probate. He didn't want me to have any problems. All his money went for his care while he was alive. He was 96.

 

[anteater]

Florida does have a provision for "Disposition of Personal Property Without Administration." According to the Pinellas County website the filing fee is $231. It is likely the same across Florida.

3. Disposition of Personal Property Without Administration:
May be filed to request release of the deceased's solely owned assets to reimburse the person who paid the final expenses; funeral bills, medical bills for the last 60 days, etc. This procedure may be accomplished with the filing of an informal petition. The Disposition form and instructions are available from the Clerk of the Circuit Court in Probate Court Records and online.

When filing a Disposition of Personal Property without Administration, the following documentation should be submitted:

If the decedent has a will, it must be filed with the Clerk of the Circuit Court within ten days of the notice of death.

Itemized funeral bill, and receipt for payment. (If funeral bill is unpaid, the court order will direct payment made to the funeral home).

Paid receipts for any medical expenses incurred sixty (60) days prior to death.

Death certificate.

Statement regarding the type of asset to be released.

Identification of the person filing.

Filing fee as set by Florida Statute.

Clerk's fee for preparing each Order of Disposition.

Payment for requested certified copies of the Order of Disposition when signed by the Court.

After all the required documents have been filed, the Court will enter an Order either allowing or disallowing the release of the assets to the requesting party. The prepaid certified copy of the original order will be mailed to the petitioner for submission to the asset holder.