Disposition-of-Personal-Property-Packet.pdf

JD Peacock II

CLERK OF THE CIRCUIT COURT, OKALOOSA COUNTY, FLORIDA

Okaloosa Co. Courthouse • 101 E. James Lee Blvd ● Crestview , FL 32536 ● (850) 689-5000

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Okaloosa Co. Annex Ext • 1940 Lewis Turner Blvd • Ft. Walton Beach, FL 32547 • (850)651-7200

DISPOSITION OF PERSONAL PROPERTY INSTRUCTIONS

***A disposition of personal property is filed for very small estates where there is no real property and no

creditors. The value of the asset should not exceed the amount of the funeral bill and the last 60 days of

medical expenses. Additionally, the asset may not exceed $6000***

Disposition of Personal Property Without Administration does not apply when the asset consists

of the decedent’s Income Tax Return. The petitioner should refer to Florida Statute 735.302.

THE FOLLOWING COMPLETED FORMS MUST BE FILED

• Disposition of Personal Property without Administration

• Consents of any additional heirs with addresses and notarized signatures, or death certificate of heirs, if

applicable

• Statement Regarding Creditors – Our Judges have consistently required petitioners to file for a

Summary Administration when there are known creditors.

• Permission to Use E-mail

• Affidavit stating that the deceased person was never married and did not have children may by required

• Certified Death Certificate

• Original Will – If the decedent had a will, the original must be filed with the disposition of personal

property, unless previously filed – provide date of deposit.

• Copy of Paid Funeral Bill or if unpaid a Statement of costs from the funeral home

• Copy of Paperwork showing the asset – copy of stock, bank statement, etc.

• For current filing fee, please see Fee Schedule at www.okaloosaclerk.com

TO COMPLETE THE PETITION:

• Print the decedent’s name after the words “In Re:”

• Check box indicating there is no will or current date if filing with the disposition of personal property.

• List beneficiaries (heirs) in descending order at item no. 2; you may attach additional sheets if necessary.

• When listing estate property on item no. 3, You may consult Florida Statutes 732.402 for definitions of

“exempt property.” Non-Exempt – list the asset you are seeking access to, the value of the asset and the

name and address of the financial institution.

• List the name of the funeral service provider, the amount of the funeral expense. Indicate Paid or Due

• List any medical service provider, type of service and the amount Paid or Due (last 60 days of illness)

• List any other creditors, indicate type of service and amount due

• Requested payment or distribution: List the name of the party/entity to receive access to the asset. Name

the asset and the value. (If the asset is needed to pay the funeral bill, the order will reflect that the

proceeds go directly to the funeral home.)

• The forms may be sworn to before the deputy clerk or a notary public

• After completing all forms, file the documents with the clerk along with the filing fee. All documents

will be forwarded to the Judge.

• A copy of the Order of Disposition of Personal property will be provided to you.

Disposition of Personal Property without Administration Rev. 9/10

IN THE CIRCUIT COURT, FIRST JUDICIAL CIRCUIT

IN AND FOR OKALOOSA COUNTY, FLORIDA, PROBATE DIVISION

IN RE: Estate of: CASE NO. ______CP __________

________________________________

Deceased

DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION

Verified Statement

Petitioner, ____________________________, alleges:

1. Petitioner, whose address is _________________________________________________

_________________________________, and whose social security number is ______________,

is the ___________________________ of ______________________________________, who

( relationship) (decedent)

died at _______________________, on _____________________, a resident of Okaloosa

County, Florida, whose last known address was _________________________________ and, if

known, whose age was ________ and whose social security number is _____________________.

 The decedent left no will.

 The decedent's will was deposited with the Clerk on __________________.

2. So far as is known, the names of the beneficiaries of decedent's estate and of the decedent's

surviving spouse, if any, their addresses and relationships to decedent, and the dates of birth of any

who are minors are:

NAME ADDRESS RELATIONSHIP AGE

(Birth date if minor)

______________________ ____________________________ ____________ _________

____________________________

______________________ ____________________________ ____________ _________

____________________________

______________________ ____________________________ ____________ _________

____________________________

______________________ ____________________________ ____________ _________

____________________________

Disposition of Personal Property without Administration Rev. 9/10

3. The estate of the decedent consists only of personal property exempt under the provisions of

Section 732.402 of the Florida Probate Code; 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:

DESCRIPTION VALUE

EXEMPT: List - Automobiles used by the deceased or members of the deceased's immediate family.

Household furniture and furnishings. Florida prepaid college tuition and other items of personal property not to

exceed $1,000 in value.

_____________________________________________________________________________________________

NON EXEMPT: List - All other items of personal property owned by the deceased and their estimated value.

Include the balance of items as stocks, bonds & accounts, name of institution, account number and other items of the

deceased. PLEASE LIST COMPLETE NAME AND ADDRESS OF BANKING INSTITUTION.

_____________________________________________________________________________________________

Preferred funeral expenses (statement or receipt attached):

Services by Amount Paid or Due

_____________________________________________________________________________________________

Medical and hospital expenses for last 60 days of last illness: (statement or receipt attached):

Services by Type of Service Paid or Due

_____________________________________________________________________________________________

Disposition of Personal Property without Administration Rev. 9/10

Other debts of decedent:

Creditor Goods or Services Amount

(How incurred)

_____________________________________________________________________________________________

Requested payment or distribution to:

Name Property Amount or Value

_____________________________________________________________________________________________

I know of no other assets or debts of the decedent except: ____________________________________

____________________________________________________________________________________________

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 Petitioner)

___________________________________________

(Print Name of Petitioner)

___________________________________________

(Street Address)

___________________________________________________

(City, State, Zip Code)

___________________________________________________

(Telephone)

Sworn and subscribed to before me this ______ day of _____________________________, 20___ is

personally known or __produced identification. Type of Identification produced ___________________.

Statement made before:

_______________________________ My commission expires:

(Deputy Clerk or Notary)

IN THE CIRCUIT COURT, FIRST JUDICIAL CIRCUIT

IN AND FOR OKALOOSA COUNTY, FLORIDA, PROBATE DIVISION

IN RE: Estate of: CASE NO. ______CP __________

________________________________

Deceased

CONSENT TO DISPOSITION OF PERSONAL PROPERTY

The undersigned consents to ____________________________________, the

petitioner, receiving the following property:

Description of Asset Account Number Dollar Amount

______________________ _________________ _____________

and waives all claims, rights, title, and interest in said property.

Sworn and subscribed to before me this ________ day of ________________, 20____,

who____is personally known or _______produced identification.

Type of Identification produced________________________________________.

Statement made before: ______________________________

(Signature)

_____________________________ ______________________________

(Deputy Clerk of Notary) (Print Name)

______________________________

My commission expires: (Street Address)

______________________________

(City, State, Zip Code)

______________________________

(Telephone)

IN THE CIRCUIT COURT, FIRST JUDICIAL CIRCUIT

IN AND FOR OKALOOSA COUNTY, FLORIDA, PROBATE DIVISION

IN RE: Estate of: CASE NO. ______CP __________

________________________________

Deceased

STATEMENT REGARDING CREDITORS

The undersigned,______________________________________________________, as

PRINT NAME OF PETITIONER

petitioner for the disposition of personal property without administration for the

decedent___________________________________________________________, alleges:

PRINT NAME OF DECEDENT

Diligent search has been made to ascertain the names and location or mailing addresses of any

creditors of the decedent and of all other persons having claims or demands against the deceased.

The names and, if known, the addresses of any creditors or other persons ascertained to have

claims or demands against the deceased are set forth below:

(LIST CREDITORS BELOW OR INSERT “NONE” AS APPROPRIATE):

______________________________________________________________________________

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.

Signed on ___________________, 20____. ______________________________

(Signature

Statement made before: ______________________________

(Print Name)

_____________________________ ______________________________

(Deputy Clerk of Notary) (Street Address

______________________________

My commission expires: (City, State, Zip Code)

______________________________

(Telephone)

IT IS A CRIMINAL OFFENSE TO GIVE FALSE INFORMATION IN THIS STATEMENT

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT

IN AND FOR OKALOOSA COUNTY, FLORIDA

In re: THE ESTATE OF:

Deceased

PERMISSION TO USE E-MAIL

Provide your email address below to receive a copy of your Orders, Judgments,

Notice of Hearings or any other written communications from the court or clerk

of

court via electronic mail.

By completing this form, I am authorizing the Court and the Clerk of Circuit Court to

send copies of orders/judgments, notices or other written communications to me by e-

mail.

I will ensure the software filters have been removed from my computer, so it does not

interfere with my ability to receive any of the above documents.

I will file a written notice with the Clerk, if my current email address changes.

Plaintiff Name (print)

Plaintiff Name (signature)

* email address (print clearly)

Date

*You will not need to provide a self-addressed stamped envelope, if you provide your email address.

IN THE CIRCUIT COURT, FIRST JUDICIAL CIRCUIT

IN AND FOR OKALOOSA COUNTY, FLORIDA, PROBATE DIVISION

IN RE: Estate of: CASE NO. ______CP __________

________________________________

Deceased

AFFIDAVIT

Comes now, the Petitioner of the above entitled estate, and shows the Court as follows:

1. That the petitioner is qualified and entitled to receive the asset requested in the

petition, and that

2. At the time of death, the deceased was unmarried, and deceased had no living

children, adopted or natural.

Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged

are true, to the best of by knowledge and belief.

Sworn and subscribed to before me this ________ day of ________________, 20____,

who____is personally known or _______produced identification.

Type of Identification produced________________________________________.

Statement made before: ______________________________

(Signature)

_____________________________ ______________________________

(Deputy Clerk of Notary) (Print Name)

______________________________

My commission expires: (Street Address)

______________________________

(City, State, Zip Code)

______________________________

(Telephone)