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What is included in a probate inventory?

On Behalf of | Mar 27, 2024 | Probate, Probate Process |

Probate inventory stands as a pivotal document in the probate process within Florida. It delineates the comprehensive record of assets held by the deceased individual at the time of their passing. It serves as the official declaration for the court and pertinent stakeholders. It ensures transparency and fairness throughout the probate proceedings, but what needs to be included?

Inclusion criteria

The inventory encompasses an exhaustive compilation of personal property, real estate holdings, bank accounts, securities and all other assets owned by the decedent (the person that passed away). Each item must be detailed adequately, accompanied by its estimated fair market value at the time of the individual’s demise.

Legal guidelines

Florida Probate Rule 5.340 mandates the composition of the inventory. The appointed personal representative must, within 60 days following the issuance of letters of administration, to compose the inventory. This rule underscores the importance of providing beneficiaries’ rights notification, a meticulous list of the estate’s components and their appraised values.

Valuations

The inventory must encapsulate all real property, including any homestead property entitled to creditor protection, distinctly marked as such. In the event of newfound assets or alterations in valuation, the personal representative is obligated to furnish an amended inventory.

Beneficiary protections

Beneficiaries retain the prerogative to solicit a written explanation of the methodologies employed in determining the asset valuations. This includes access to any pertinent appraisals or third-party reports used.

Conclusion

The probate inventory is a cornerstone of the probate process in Florida. It underscores a commitment to transparency and equitable asset distribution, but it is a legal requirement within the probate litigation process.