Full question:
My wife's son (37) died in a car accident. He was not married and has a minor child. We paid for his funeral and submitted a claim with the car insurance company for funeral expenses covered by PIP. The tell us we need Executor paperwork. What is this? He had no will naming an executor and he had no assets.
- Category: Wills and Estates
- Subcategory: Small Estates Affidavit Law
- Date:
- State: Florida
Answer:
In Florida, where the value of the entire assets of the estate does not exceed 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 last illness, a small estate may be administered by a small estate affidavit. After the affidavit has been approved by the court, the affidavit may be used to collect debts owed to the decedent.
The affidavit is filed with the clerk of the court in the county where the deceased resided. It lists certain information required by statutes, such as all of the known assets and liabilities of the estate, the names and addresses of the distributees, and the relevant family history or other facts concerning heirship that show the distributees' rights to receive the money or property of the estate.
If the estate is worth more than the medical and funeral expenses, but not more than $60,000, and in an intestate estate, the heirs at law of the decedent consist solely of a surviving spouse, lineal descendants, and lineal ascendants, it is possible for a summary procedure to be used rather than formal probate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
