CLERK OF THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, NASSAU COUNTY, FLORIDA REQUIREMENTS AND INSTRUCTIONS FOR FILING DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION This type of proceeding is used to request release of assets of the deceased to reimburse the person who paid the final expenses (i.e., funeral expenses and medical bills). Under Section 735.301, Florida Statutes, the property of the deceased must consist only of homestead real property and personal property exempt from claim of creditors (see Section 732.402, Florida Statutes), and non-exempt personal property the value of which does not exceed sum of the amount of the funeral expenses (up to $6000, see Section 733.707, Florida Statutes) and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. A person cannot profit from this type of proceeding. For example, if the funeral bill was $2,000 and the petitioner paid no medical bills, the amount of the non-exempt property that could be disbursed could not exceed $2,000. Qualifications: 1. 2. 3. 4. 5. 6. 7. 8. Deceased must be a resident of Nassau County. Deceased cannot own any non-homestead real property. Person requesting distribution must be entitled to the distribution by law. Qualified expenses must be equal to or more than the non-exempt assets. For example, the funeral bill up to $6000 must be equal to or more than the bank account balance. Any expenses paid must be out-of-pocket funds. This means that pre-paid funeral plans and medical bills paid by insurance do not qualify. Expenses must be paid by the person seeking to acquire the assets, unless the person who paid the expenses assigns the right to reimbursement to the person filing the petition. If the funeral bill or other qualifying expense is unpaid, the asset will be distributed to the funeral home or medical provider. Cars and household furnishings can only be claimed as exempt property by a surviving spouse or children of the deceased. Instructions: The forms may be sworn to before a deputy clerk or a notary public. After completing the forms, file all documents with a deputy clerk in the Civil Department, along with the filing fee. Be sure to complete all blanks on each form. Write "none" or "n/a" if a portion of the petition is not applicable. All documents will be forwarded to the Judge who will determine if the information provided meets the criteria. If the criteria are met, the Judge will sign a letter directing the institution to pay the money to the person who paid the funeral bill. The original letter signed by the Judge will be sent to the financial institution and a copy of the letter will be mailed to the petitioner. American LegalNet, Inc. www.FormsWorkFlow.com DOCUMENTS NEEDED AT TIME OF FILING: 1. 2. 3. 4. 5. 6. 7. 8. Verified Statement for Disposition of Personal Property Without Administration ­ notarized. Original or Certified Copy of the Death Certificate. Copy of paperwork showing the asset ­ copy of stock, bank statement, 401K, etc. Original Will ­ If the deceased had a will, the original must be filed with the Verified Statement, unless previously filed. Copy of the funeral bill showing total amount due and, if paid, receipt showing who paid the bill. Copies of the hospital or doctor bills that pertain to the last 60 days prior to death and, if paid, receipt showing who paid. Consent to Disposition of Personal Property from any additional heirs with address and notarized signature, or death certificate, if applicable. An Affidavit stating that the deceased was never married and did not have children, if applicable. $231.00 (or current filing fee), payable to Nassau County Clerk of Court. Filing Fee: Return to: Nassau County Clerk of Court Civil Department 76347 Veterans Way Yulee, Florida 39027 904-548-4606 OR Nassau County Clerk of Court Historic Courthouse 416 Centre Street Fernandina Beach, Florida 32034 904-491-6430 Office Hours: Monday through Friday 8:30 am to 5:00 pm Form Date: October 31, 2011 American LegalNet, Inc. www.FormsWorkFlow.com IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR NASSAU COUNTY, FLORIDA IN RE: ESTATE OF ________________________________________ Deceased Verified Statement Case No. ________________ Disposition of Personal Property Without Administration Petitioner, ______________________________________________________________ alleges: 1. Petitioner, whose address is ________________________________________________, is the__________________________________ , of ____________________________________ (Relationship to deceased) (Name of deceased) who died at ________________________, on __________________, a resident of Nassau County, (county/state) (date) whose last known address was________________________________________________________________ and, if known, whose age was ______ and whose social security number is ___________________________. [ ] The deceased left no will. [ ] The deceased's will was deposited with the Clerk on ______________________. So far as is known, the names of the beneficiaries of deceased's estate and of the deceased's surviving spouse, if any, their addresses and relationships to deceased, and the dates of birth of any who are minors are: NAME ADDRESS RELATIONSHIP BIRTHDATE (if minor) 2. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. The estate of deceased consists only of personal property exempt from the claims of creditors under the Constitution of Florida, and non-exempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses (up to $6000.00) and reasonable and necessary medical and hospital expenses of the last 60 days of the deceased's last illness, all being as follows: American LegalNet, Inc. www.FormsWorkFlow.com household furniture and furnishings not to exceed $20,000.00 in value, Florida prepaid college tuition, and other items of personal property not to exceed $1,000.00 in value. A. Exempt Property: List automobiles used by the deceased or members of the deceased's immediate family, Description $Value ______________________________________________________________________________ ______________________________________________________________________________ _________________________________