What do you need to know about a Florida Probate Inventory? Well, you are entitled to one. But what do you do if an inventory is not accurate or they won’t give you one?
Where’s my money?
Beneficiaries want to know what to do if there’s no inventory filed within 60 days.
Can you file a motion with the court to compel? (Yes !)
Should you?
What if the inventory is wrong?
That’s easy ! File an Objection.
Florida Probate Inventory
South Florida is home to some big families; often a deceased person will leave several children or at least several heirs. I get asked a lot by clients whether they are entitled to an inventory of the estate, and the answer is not as simple as you may like (in other words there is not an everlasting, absolute right.) If your older brother or mother was appointed as personal representative of course you want to know exactly what is left behind, but under certain circumstances you may not be allowed. The moral of the story is this request the inventory sooner rather than later because after your check is cut so are your rights to request that inventory.
The rule regarding inventory of decedent’s estate is codified in Florida Probate Rule 5.340:
- The basic 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, if he survives me” and thepersonal representative already issued a check to you (the son) for $5,000, thenthere is no obligation to provide you 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.” In other words, once you get that check you are waiving your right to see an inventory.
- Therefore, because you received his full inheritance, he is no longer entitled to receive acopy of the inventory as well.
Here is a 2018 appellate opinion on this topic.
Palm Beach Probate Attorneys tow a difficult line with clients in this area and often disputes between families will arise. Often I have to balance the privacy of the estate with the need of certain heirs to be confident that probate has disposed of the assets properly pursuant to the will of the testator. Of course when there is bad blood or a worry about fraud these issues only devolve further.
What is interesting is that before you are paid, your right to an inventory is absolute. So, it always seems wise to request these sooner rather than later only to find out you have waived your right.
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