Probate Inventory — what you need to know

A probate inventory in Florida is not only required. It’s important. Here are 10 things which you need to know if you are a beneficiary, family member, “inheritor” or personal representative. Who knows, maybe you inherit more than meets the eye.

What do I need to know?

If you are a beneficiary or an “interested person” in a Florida probate, you WANT to know what’s in the estate. (For more on what an interested person is, click that link, or here.)

The most common or “easiest” way to do this is to read the probate inventory.

The executor or personal representative is required by law to provide an inventory.

In fact, she must “verify” it. This means that what she files is based upon her best knowledge. She swears to it.

If there is anything missing, or mis-leading, file your objections.

Probate Inventory

• First, an inventory is required by law. See 733.604 of the Probate Code
• Second, it has to contain a description of property and a value as of the date of death. That means that you don’t have to list every single item of clothing or furniture, but you have to give the reader some idea of what’s there.
• Third, you can supplement, improve or amend the inventory. This is done when you want to correct something or if new assets are found.
• Fourth, the inventory is confidential. That means that you won’t see it online when you do a case search at the clerk’s website. You have to have received it from the personal representative (or her attorney).
• Fifth, if you want to know about safe deposit box contents, read this statute. You can also read Florida Probate Rule 5.342. The safe deposit box inventory should be filed within 10 days of doing an inspection.
• 6th, if there are no safe deposit box contents on the inventory, you can file a petition to inspect it. See Florida Probate Rule 5.3425 about conducting a search.
• 7th, an inventory is DIFFERENT than an accounting. For accountings start with Florida Probate Rule 5.345 and then read the Probate Code at Chapter 733.
• 8th, the inventory must be verified which means it is presented to the court “under oath.”
• 9th, if you don’t like what you see, you can file an objection.
• Finally, information and rights ! The personal representative is supposed to advise you of your rights regarding her inventory and you have the ability to ask for more data.

Florida Probate Rule 5.340 sets forth what is supposed to be in a probate inventory.