Signed and notarized consents from all heirs, if any.Copy of the statement from funeral home showing by whom the bill was paid.Original Last Will and Testament of the decedent, if one exists.The required forms and documentation for a Disposition of Personal Property Without Administration are as follows: If you are unsure as to whether this process applies to your situation, you may wish to contact an attorney. This form may not be used when real property is involved. Please refer to Florida Statute 735.301 to determine if you are eligible for this type of process. This process is also sometimes referred to as a Small Estate Proceeding. There are times however, when our office can assist heirs and beneficiaries through a process referred to as a Disposition of Personal Property Without Administration. Probate is not needed if all assets were jointly held and one of the joint holders is the survivor. In this type of situation, the beneficiaries or heirs would need to seek the assistance of an attorney as our office can not provide legal or procedural advice. For instance, if a decedent solely owned any real property at the time of his or her death, the estate would be required to go through the Probate process in order to transfer title of that real property to the decedent's heirs or beneficiaries. Probate is needed when a court order is required to transfer ownership of the deceased's properties or to distribute the assets of the estate. Whether or not an estate is required to go through Probate depends on the assets that the decedent owned at the time of his or her death. The Court oversees the estate to ensure that all debts are paid and assets are properly distributed. Probate is the legal process through which a deceased person's assets are distributed to the heirs or beneficiaries, according to the wishes of the deceased as stated in The Last Will and Testament or if there is no will, according to Florida Law.
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