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Ken Burke Clerk of the Circuit Court and (Pinellas County Clerk of the Circuit Court and Comptroller)

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Ken Burke
Clerk of the Circuit Court and Comptroller
Information, eligibility requirements and forms for:
Disposition of Personal Property without Administration
When to use this packet:
Florida Statute 735.301 allows for an informal application to the court for transfer of assets when the decedent
has only left personal property. The following checklist and chart will help the user determine if they are eligible
for such a process and if so, provide the forms needed.
Important Note:
Before you begin, you may want to inquire with the holder of the asset (for example, if the asset is a bank
account, contact the bank) to see what may be required for transfer. Depending on the asset and your
relationship to the decedent, you may only need a death certificate and certified copy of the will.
Resources:
For Death Certificates: www.FloridaHealth.gov or call: (727) 507-4330 ext. 1200
For vehicles: www.flhsmv.gov
For unclaimed property: www.fltreasurehunt.org
No- and low-cost legal assistance: Community Law Program – (727) 582-7480; Clearwater Bar Referral – (727)
461-4880; Gulfcoast Legal Services – (727) 443-0657 or (727) 821-0726; St. Pete Bar Referral –
https://www.stpetebar.com/page/findanatty
Florida Statutes: www.flsenate.gov/Laws/Statutes
Fees:
Filing fee: $231.00. Please note this fee is non-refundable. Carefully review the checklist and chart on the
following pages to be sure you qualify for asset transfer through this process.
Preparation of the Order of Disbursement, plus a certified copy of same: $10.00 additional certified copies:
$3.00 ea. You will need either a self-addressed, stamped envelope to get your order, or pay an additional $0.69.
Dispo Cover Sheet
Dispo Eligibility Checklist and Chart: Be sure all of the following requirements are met. All yellow box
( ) items indicate documents to be filed with the Clerk. If you do not meet all of these requirements,
you should consider a different type of probate case. You may want to consult an attorney. If you do
meet these requirements, but do not have all of the requested documentation (yellow box items), you
may wish to gather those documents before filing for a faster turn-around.
The decedent was a resident of Pinellas County at time of their death.
Any real property (real estate) belonging to the decedent will NOT be addressed by this process.
You might consider a different type of probate case.
A certified copy of the death certificate. This must be a copy on the watermarked, textured paper
provided by Vital Statistics or the Department of Health. [www.FloridaHealth.gov or call: (727) 507-
4330 ext. 1200]
If there is a will, you either have it in your possession or it has been deposited with the clerk. Check
one:
To my knowledge, there is no will.
I have the original will (a copy is not acceptable).
The holder of the original will has already deposited it with the clerk on: (date)
_____________________ under Ref. # ________________________
The assets you are trying to obtain must have been solely owned by the decedent. If titled in a
business name, or having a co-owner, you cannot do a Disposition without Administration.
If you are the child of the decedent, and the decedent left no spouse, you may request personal
property transferred to you. If you are the child of the decedent, you will need an affidavit of heirship
(form included, to be completed by someone other than you and signed before a notary or clerk). If the
decedent had other children, you will need a completed and signed consent form from each of them.
There is one form included, you may need to print or copy more blank forms for each to complete and
sign.
If the decedent left a surviving spouse or a child, and you are not the surviving spouse or child, you
may only ask for non-exempt property (see chart next page) and only up to the amount you spent on
funeral (not to exceed $6,000) or medical expenses.
If the decedent did not have a spouse or a child, you may ask for exempt property (see chart next
page) and you will need an affidavit of heirship (form included, to be completed by someone other
than you and signed before a notary or clerk).
If you are trying to be reimbursed for funeral or medical expenses, you need to file copies of
receipts or statements showing how much was paid, and that it was paid by you.
If you are trying to be reimbursed for funeral or medical expenses, and any part of the expense was
paid by someone other than you, you will need a signed consent (form included) from the person
whose funds you used. Dispo Checklist Pg. 1 of 2 DWOA
If you are trying to be reimbursed for funeral expenses, and part or all of the bill remains
outstanding, the court may release the asset to the funeral home. FS 733.707 makes funeral expenses
a priority above other claims.
For each of the assets you are trying to obtain, you will need some documentation of it. The court
needs to know exactly what it is, who has it, and what it is worth. For example:
If the asset is a car: you will need the year, make, model and VIN (vehicle identification
number), along with a valuation of it (such as a Kelly Blue Book appraisal from www.kbb.com).
For bank accounts: either a copy of a recent statement showing the approximate value, or a
letter from the bank (on their letterhead) showing the account information and approximate
value.
For other assets: a copy of the asset (savings bond, baseball card, check payable to
decedent, etc.) and some kind of documentation on its current market value; or account
statement (such as: a utility deposit refund).
This completed packet. Please file this checklist and the chart on the next page with your other
documents. If you do not file it with your other documents, you will be required to submit it or the
court may not enter an order.
Helpful Hint: This packet contains one consent form. If, from the above, you realize you need consents
from more than one person, print or copy more blank consent forms.
What will happen next?
The court will review the documents you have provided and either request any documents you are
missing, or generate an order. If all documents needed have been provided and everything meets the
statutory guidelines, the order will state that the asset(s) now belongs to you (or whomever listed in
the distribution on page 3 of your petition). Agencies such as the Dept. of Motor Vehicles and banks
require a certified copy of this order to release assets. Plan how many certified copies you may need
accordingly. Additionally, you may wish to keep one certified copy for your own records.
How long does it take?
It is hard to predict the court’s case load. Generally, you should have an order in 2 to 3 weeks. Of
course, if you did not provide all of the documents requested, whatever time it takes you to get those
documents filed will add to the time it takes to get an order.
Dispo Checklist Pg. 2 of 2 DWOA
Your Relationship to Decedent: (check appropriate box)
Surviving Spouse
Child (there is no
surviving spouse)
There is a surviving
spouse or child, you
are neither, but you
paid the funeral bill.
children and you paid the
funeral expenses and/or
final medical bills.
Asset(s) of the Decedent You are Requesting:
Exempt Property
Household furniture, furnishings, and
appliances in the decedent’s residence up to a
value of $20,000.
Eligible to receive
through this
process.
Eligible to receive
through this
process.
Not eligible to
receive.
Eligible to receive
through this process,
only up to $6000 of
the funeral expenses
plus any medical
expenses paid by you
in the last 60 days of
the final illness.
Two (2) motor vehicles in the decedent’s
name and regularly used by the decedent or
members of the decedent’s immediate family
as their personal vehicles.
Eligible to receive
through this
process.
Eligible to receive
through this
process.
Not eligible to
receive.
All qualified tuition programs, including, but
not limited to, the Florida Prepaid College
Trust Fund.
Eligible to receive
through this
process.
Eligible to receive
through this
process.
Not eligible to
receive.
Other personal assets (including cash) up to a
value of $1,000.
Eligible to receive
through this
process.
Eligible to receive
through this
process.
Not eligible to
receive.
Non-
Exempt Property
Other assets not listed above equal to the
amount of funeral expenses paid by you (not
to exceed $6,000).
Eligible to receive
through this
process.
Eligible to receive
through this
process.
Eligible to receive
through this
process.
Other asset not listed above equal to the
amount of medical expenses for the decedent,
paid by you (not covered by insurance) in the
last 60 days of the final illness.
Eligible to receive
through this
process.
Eligible to receive
through this
process.
Eligible to receive
through this
process.
You may need these additional documents: N/A
Affidavit of
Heirship and
Consent from
other children of
decedent, if any
N/A
Affidavit of Heirship
Dispo Eligibility Chart DOWA
In the Sixth Judicial Court in and for Pinellas County, Florida
PROBATE DIVISION
IN RE: ESTATE OF
REF No. _
_____________________________ (Clerk provides this number when filed)
(Decedent’s Name)
Disposition of Personal Property without Administration
Petitioner alleges:
1. Petitioner, whose name is , whose address is (full
street address, city, state & zip)
, and whose relationship to the decedent is .
Decedent, whose name is , who died at (location of death)
___________________________ on (date of death)
was a resident of (county and state) . Decedent’s last known
address was (full street address, city, state and zip)
, and whose age, if known, was and whose Social Security number is (last 4 digits only)
.
2. Check one of the following:
[ ] The decedent left no will
[ ] The decedent's will was deposited with the Clerk on , 20 .
3. Chapter 732 of the Florida Statutes identifies heirs of a decedent (beneficiaries) as: spouse, children (natural
or legally adopted), grandchildren (natural or legally adopted), parents, siblings, nieces and nephews, grandparents,
aunts and uncles.
List all known names of the beneficiaries of decedent's estate and of the decedent's surviving spouse, if any,
their addresses and relationship to decedent, and the ages of any who are minors (don’t forget to include yourself):
NAME ADDRESS RELATIONSHIP
Birth Date (if
a Minor)
DWOA Dispo Petition pg. 1 of 4
4. The estate of decedent 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 and reasonable and necessary medical and hospital expenses of the last 60
days of the decedent's last illness, all being described as follows:
EXEMPT property includes: (a) Household furniture, furnishings, and appliances in the decedent’s residence
up to a value of $20,000. (b) Two (2) motor vehicles in the decedent’s name and regularly used by the
decedent or members of the decedent’s immediate family as their personal vehicles. (c) All qualified tuition
programs, including, but not limited to, the Florida Prepaid College Trust Fund. (d) Other personal property
(including cash) up to a value of $1,000.
Item:
Description (for vehicles, include make, model, year, color and VIN#)
Value
Total of above:
NON-EXEMPT includes any personal property (an asset other than real estate) that is not listed above as exempt.
Include the balance of an item – such as a bank account- that exceeds the $1000 from above.
Item: Description – provide as much information as possible, such as account
numbers (and name of Bank), serial numbers, VIN numbers.
Value
Total of above:
Preferred funeral expenses (statements and receipts showing who paid and how much must be attached):
Services by
Amount Paid
Amount Due
Total of above:
DWOA Dispo Petition pg. 2 of 3
Medical and hospital expenses for last 60 days of last illness (statements and receipts showing who paid and how
much must be attached. DO NOT include services paid by Medicaid, Insurance, HMO, etc. ):
Services by
Type of Service
Amount Paid
Amount Due
Total:
Requested distribution:
Use this space to indicate which heir/interested person on page 1 is to receive each of the above assets. Exempt
property may only be distributed to a surviving spouse. If there is no surviving spouse, it may only go to a child of
the decedent.
Name
Property
Amount or Value
By signing below I am affirming, under penalties of perjury, that I have read the
foregoing and the facts alleged are true, to the best of my knowledge and belief.
______________________________________ _______________________________________
(Signature of Petitioner) (Address of Petitioner)
_______________________________________
(City, State, Zip)
_______________________________________ _______________________________________
(Telephone) (Date Signed)
If the clerk may contact you by email on this matter only, please check here and print your email address:
_________________________________@________________ DOWA Dispo Petition pg.3 of 3
Consent to Distribution
In Re: The Estate of: ________________________
Reference # _______________________________
I, ____________________________ (name of beneficiary), as ______________________________(relationship)
of the decedent, do agree to the disbursement of assets as listed in the petition of ________________________
(name of petitioner).
Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true, to the best
of my knowledge and belief.
__________________________________________ _________________________________________
(Signature of Affiant) (Address of Affiant)
_________________________________________ _________________________________________
(Printed name of Affiant) (City, State, Zip)
__________________________________________ _________________________________________
(Telephone) (Date Signed)
CONSPR Consent
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT,
IN AND FOR PINELLAS COUNTY, FLORIDA;
PROBATE DIVISION
IN RE: ESTATE OF
__________________________________
Deceased.
(The clerk will provide these numbers)
File No. ____________________
Division ____________________
AFFIDAVIT OF HEIRS
For purposes of this document, you must list ALL RELATIVES of the decedent. If the relative was deceased at
the time of the decedent’s death, please provide the deceased relative’s name, indicate deceased, and date of
death. Answering with an N/A, not applicable, or any other such designation is inappropriate for this
document. If there are no other relatives for a particular category, write “None.” When appropriate you must
indicate if the relationship is that of a half-relative (i.e. half-brother or half-sister).
1. Spouse of Decedent. (Provide name, age, and address; or if deceased, provide name, indicate deceased, and
date of death).
2. Children of the Decedent, or descendants of deceased children. (Provide name, age, and address; or if
deceased, provide name, indicate deceased, and date of death). If any of the children are not biologically
related to both the decedent and the spouse at the time of death, provide the name of that particular child’s
biological parent.
______________________________________________________________________________________________
AFHS Affidavit of Heirs Pg. 1 of 4
3. Parents of the Decedent. (Provide name, age, and address; or if deceased, provide name, indicate deceased,
and date of death).
4. Siblings, and descendants of the deceased siblings. You must indicate whether the relationship is that of a
half-relative (i.e. half-brother or half-sister). (Provide name, age, and address; or if deceased, provide name,
indicate deceased, and date of death).
5. Grandparents. (Provide name, age, and address; or if deceased, provide name, indicate deceased, and date
of death).
AFHS Affidavit of Heirs Pg. 2 of 4
6. Aunts and Uncles of the Decedent. (Provide name, age, and address; or if deceased, provide name, indicate
deceased, and date of death).
7. Kindred of last deceased spouse (ONLY IF filing intestate and is not previously listed above). (Provide name,
age, and address; or if deceased, provide name, indicate deceased, and date of death).
8. I, the affiant, am_________ am not _________ related to the decedent as follows ______________
___________________. I have known the decedent for ___________________ years. Decedent
______________________________ died on _____________________.
AFHS Affidavit of Heirs Pg. 3 of 4
Under penalties of perjury, I declare that I have read the foregoing Affidavit of Heirs and the facts stated
therein are true.
(DO NOT sign until you are in front of a clerk or notary.)
__________________________________________ _________________________________________
(Signature of Affiant) (Address of Affiant)
_________________________________________
(City, State, Zip)
__________________________________________ _________________________________________
(Telephone) (Date Signed)
Subscribed and sworn to (or affirmed) before me on __________________ by __________________________.
He/she is personally known to me or has presented ___________________________________ as
identification.
By Notary: -- OR --
__________________________________________ Ken Burke,
Signature of Notary Clerk of Circuit Court & Comptroller
Pinellas County, Florida
__________________________________________
Name of Notary typed, printed or stamped By: ______________________________________
Deputy Clerk
(seal)
Commission Number & Expiration Date
AFHS Affidavit of Heirship Pg. 4 of 4
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Completed 10 February 2021

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