This guide reviews the Florida probate process from start to finish. If your loved one has passed and you are trying to access their assets, our free guide to Navigating the Florida Probate Process will be very helpful. This may or may not mean you need to hire an attorney upon the death of your loved one. Finally, if notarized remotely by a Florida online notary, there must also be a notation on the document in or adjacent to the seal that it was an online notarization (e.g. To learn more about the difference between the disposition without administration/summary administration, I have written more on the types of Probate in Florida that would be helpful if you cannot get control of an assets upon someone's death. But there is no form or affidavit in Florida that an heir can sign that will give that heir legal rights to estate assets - only the Court can sign an order to this effect. In all three types of Florida probate, the court process is involved - some probates processes are easier than others. With the proper petition to the court, the court will order the bank to pay the $3,000 to the son to reimburse him for paying the funeral bill. The decedent's son paid for mom's funeral expenses of $4,000 out of his own pocket. The bank will not give the family access to this bank account. Mom died with a bank account of $3,000 in her own, individual name. An example of the Disposition without Administration is as follows: Here, the family can go to the local probate court and file an Petition to release funds held in a bank (typically) so that the petitioner can be reimbursed for paying the decedent's funeral bill. Disposition without Administration: Used in very specific situations, typically where the decedent's funeral expenses are unpaid. You are encouraged to review Section 117.021 and Section 668.50 of the Florida Statutes, as well as research Florida’s Uniform Electronic Transaction Act.An attorney is advised in these situations due to complexity. ![]()
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