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, if a deceased person's estate has no assets or only a small amount, you may be able to use a small estate affidavit instead of formal probate. This affidavit allows you to collect debts owed to the deceased. It can be filed with the clerk of the court in the county where the person lived. The affidavit must include information about known assets and debts, the names and addresses of heirs, and details about their rights to inherit.
If the estate's value is more than the funeral and medical expenses but less than $60,000, a summary procedure may be available for intestate estates (those without a will) if the heirs are only a surviving spouse, direct descendants, or direct ancestors.
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.