Are you entitled to see the full inventory of your parent’s Florida estate administration? (Florida Probate Rule 5.340)
Often times clients will ask us if they are entitled to see a complete description of the inventory of the estate of a loved one. The typical case is one where a parent dies and is survived by several children. The eldest child is appointed executor, or personal representative, of the Florida estate administration, and one of the younger siblings wants to know exactly what the parent left behind.
The rule regarding inventory of decedent’s estate is codified in Florida Probate Rule 5.340:
- The general rule with regard to Florida probate estate inventory is that the specific heir is not entitled to receive a copy the estate’s inventory if he has received complete distribution of his inheritance.
- For example, if the last will states that “I give $5,000 to my son, James, if he survives me” and the personal representative already issued a check to James for $5,000, then there is no obligation to provide James with a copy of the estate’s full inventory.
- Florida Probate Rule 5.340 states, that the personal representative shall serve a copy of the inventory to “any interested person who may request it in writing.”
- However, Section 731.201 of the Florida Probate Code states that the term interested person “does not include a beneficiary who has received complete distribution.“
- Therefore, because James received his full inheritance, he is no longer entitled to receive a copy of the inventory as well.
Palm Beach probate attorneys know that this can often be a point of contention. While privacy is always an important factor, knowledge of the complete inventory of the estate can help an heirs understanding of the decedent’s intentions and may help him or her assess the possibility of fraud or unscrupulous activity in the administration of the Florida estate. That’s why any Florida probate litigation attorney will tell you, any interested party should request a copy of the inventory as soon as possible.
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