What Is an Inventory in Florida Probate?

An inventory in Florida probate is a sworn list of everything the deceased person owned that passes through their estate, with each item’s value as of the date of death. The personal representative must file this verified inventory with the court within 60 days after the letters of administration are issued. It tells the court, the beneficiaries, and any creditors exactly what is in the estate. The requirement comes from section 733.604, Florida Statutes and Florida Probate Rule 5.340.

What Goes on the Inventory?

The inventory lists the estate’s probate assets with reasonable detail and a fair market value for each, measured as of the day the person died. For every item, it shows a description, that date-of-death value, and whether the asset is probate or non-probate property.

Assets that typically appear on the inventory include:

• Bank accounts in the person’s sole name with no pay-on-death designation
• Investment and brokerage accounts with no transfer-on-death designation
• Real estate titled in the person’s name alone
• Vehicles, boats, and other titled personal property
• Business interests owned by the person
• Valuable personal property such as jewelry, art, or collectibles

Real estate outside Florida is listed too, even though it will require a separate probate in that other state.

Does Homestead Property Go on the Inventory?

Yes, with a twist. A Florida homestead is usually not a probate asset because it passes directly to heirs and is protected from most creditors. Even so, Florida Probate Rule 5.340 requires the personal representative to list protected homestead property in a separate section of the inventory and to identify it as homestead. Listing it puts interested persons on notice, but it does not turn the home into an asset the personal representative controls.

What Is Left Off the Inventory?

Non-probate assets do not belong on the main inventory because they never enter the estate. These pass directly to a named person or co-owner, including:

• Accounts with a valid pay-on-death or transfer-on-death beneficiary
• Life insurance and retirement accounts with a named beneficiary
• Property held jointly with rights of survivorship
• Assets titled in a living trust

If you are unsure whether something is a probate or non-probate asset, that classification is exactly what determines whether it lands on the inventory, and it is worth confirming with a probate attorney.

When Is the Inventory Due?

The deadline is firm but not impossible to adjust:

• 60 days. Florida Probate Rule 5.340 requires the verified inventory to be filed within 60 days after the court issues letters of administration.
• Extensions are available. If the personal representative needs more time, the court can extend the deadline for cause. The personal representative must serve notice of the extension request on the people entitled to a copy.
• Amendments. If new property turns up, or a listed value proves wrong, the personal representative must file an amended or supplementary inventory to correct it.

There is a separate, tighter rule for safe deposit boxes. Under Florida Probate Rule 5.342 and section 733.6065, Florida Statutes, a safe deposit box inventory must be filed within 10 days after the box is opened.

Who Receives a Copy of the Inventory?

The inventory is filed with the court, but it is not a public record. Under section 733.604, an inventory filed with the clerk is confidential and exempt from Florida’s public records law. Only certain people can see it, including the personal representative, that person’s attorney, and interested persons in the estate.

Florida Probate Rule 5.340 also requires the personal representative to serve the inventory on:

• The surviving spouse
• Each heir in an estate with no Will
• Each residuary beneficiary in an estate with a Will
• The Florida Department of Revenue
• Any other interested person who requests it in writing

A beneficiary can also ask, in writing, for a written explanation of how the value of a specific asset was set, or for a copy of any appraisal.

Why Does the Inventory Matter So Much?

The inventory is one of the most important documents in a Florida probate for a few reasons:

• It protects the personal representative. An accurate, complete inventory is evidence that the person handled the estate honestly. Incomplete inventories are a common source of complaints against personal representatives.
• It informs the beneficiaries. Heirs and beneficiaries rely on it to understand what they may receive.
• It drives the rest of the case. Values on the inventory affect creditor payments, fees, and the final accounting the personal representative must file, generally within 12 months, before the estate can close.

Getting it right the first time keeps the estate moving and lowers the risk of disputes.

Frequently Asked Questions

Who prepares the inventory? The personal representative prepares and verifies it, usually with help from the estate’s probate attorney. It must be signed under oath.

What value do I use for each asset? The fair market value as of the date the person died, not the current value. Appraisals may be needed for real estate, business interests, or unique items.

Is the probate inventory public? No. Once filed, it is confidential under section 733.604 and available only to the personal representative, the attorney, interested persons, or by court order.

What if I miss the 60-day deadline? Ask the court for an extension for cause before the deadline passes. Missing it without an extension can expose the personal representative to objections.

What if I find an asset after filing? File a verified amended or supplementary inventory listing the new asset and its date-of-death value.

Getting Help With a Florida Estate Inventory

The inventory sets the tone for the entire probate, and errors or missed deadlines can create personal liability for the personal representative. If you are administering a Central Florida estate and want the inventory done accurately and on time, the probate attorneys at Vollrath Law can help you identify assets, value them correctly, and meet every filing deadline. Contact our office to talk through your case.

This article is for general information only and is not legal advice. Inventory requirements can vary depending on the assets and circumstances of each estate.