RULE 5.340. INVENTORY

(a) Contents and Filing. Unless an inventory has been
previously filed, the personal representative must file an inventory
of the estate within 60 days after issuance of letters. The inventory
must contain notice of the beneficiaries’ rights under subdivision
(e), list the estate with reasonable detail, and include for each listed
item (excluding real property appearing to be protected homestead
property) its estimated fair market value at the date of the
decedent’s death. Real property appearing to be protected
homestead property must be listed and so designated.
(b) Extension. On petition the time for filing the inventory
may be extended by the court for cause shown without notice,
except that the personal representative must serve copies of the
petition and order on the persons described in subdivision (d).

(c) Amendments. A supplementary or amended inventory
containing the information required by subdivision (a) as to each
affected item must be filed and served by the personal
representative if:

(1) the personal representative learns of property not
included in the original inventory;

(2) the personal representative learns that the
estimated value or description indicated in the original inventory for
any item is erroneous or misleading; or

(3) the personal representative determines the
estimated fair market value of an item whose value was described
as unknown in the original inventory.

(d) Service. The personal representative must serve a copy
of the inventory and all supplemental and amended inventories on
the surviving spouse, each heir at law in an intestate estate, each
residuary beneficiary in a testate estate, and any other interested
person who may request it in writing.

(e) Information. On request in writing, the personal
representative must provide the following:

(1) to the requesting residuary beneficiary or heir in an
intestate estate, a written explanation of how the inventory value for
an asset was determined or, if an appraisal was obtained, a copy of
the appraisal; and

(2) to any other requesting beneficiary, a written
explanation of how the inventory value for each asset distributed or
proposed to be distributed to that beneficiary was determined or, if
an appraisal of that asset was obtained, a copy of the appraisal.
(f) Notice to Nonresiduary Beneficiaries. The personal
representative must provide to each nonresiduary beneficiary
written notice of that beneficiary’s right to receive a written
explanation of how the inventory value for each asset distributed or
proposed to be distributed to that beneficiary was determined or a
copy of an appraisal, if any, of the asset.

(g) Elective Share Proceedings. After entry of an order
determining the surviving spouse’s entitlement to the elective share,
the personal representative must file an inventory of the property
entering into the elective estate which must value the elective estate
assets as required by law and identify the direct recipient, if any, of
that property. The personal representative must serve the inventory
of the elective estate as provided in rule 5.360. On request in
writing, the personal representative must provide an interested
person with a written explanation of how the inventory value for an
asset was determined and must permit an interested person to
examine appraisals on which the inventory values are based.

(h) Verification. All inventories must be verified by the
personal representative.

Committee Notes

Inventories are still required to be filed. Once filed, however,
they are subject to the confidentiality provisions found in sections
733.604(1) and (2), Florida Statutes.

Inventories of the elective estate under subdivision (f) must be
afforded the same confidentiality as probate inventories. See
sections 733.604(1) and (2), Florida Statutes.

Constitutional protected homestead real property is not
necessarily a probatable asset. Disclosure on the inventory of real
property appearing to be constitutional protected homestead
property informs interested persons of the homestead issue.

Interested persons are entitled to reasonable information
about estate proceedings on proper request, including a copy of the
inventory, an opportunity to examine appraisals, and other
information pertinent to their interests in the estate. The rights of
beneficiaries to information contained in estate inventories is
limited by section 733.604(3), Florida Statutes. Inventories of the
elective estate under subdivision (g) affects a broader class of
interested persons who may obtain information regarding the assets
disclosed therein subject to control by the court and the
confidentiality afforded such inventories under sections 733.604(1)
and (2), Florida Statutes.

Rule History

1980 Revision: Eliminated the time limit in requesting a copy
of the inventory by an interested person or in furnishing it by the
personal representative.

1984 (First) Revision: Extensive changes. Committee notes
revised.

1984 (Second) Revision: Subdivision (a) modified to clarify or
re-insert continued filing requirement for inventory.

1988 Revision: Editorial changes in (b) and (d). Committee
notes revised. Citation form changes in committee notes.

1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.

2001 Revision: Subdivision (a) amended to conform to
statutory changes. Subdivision (d) amended to add requirement of
filing of proof of service. Subdivision (e) amended to clarify personal
representative’s duty to furnish explanation of how inventory values
were determined. Subdivision (f) added to require personal
representative to file inventory of property entering into elective
share. Subdivision (g) added to require verification of inventories.
Committee notes revised.

2002 Revision: Subdivision (e) amended to conform to section
733.604(3), Florida Statutes. Subdivision (f) amended to establish
procedures for interested persons to obtain information about
assets and values listed in the inventory of the elective estate.
Committee notes revised.

2003 Revision: Committee notes revised.

2010 Revision: Subdivisions (d) and (g) (former (f)) amended to
delete the requirement to serve a copy of the inventory on the
Department of Revenue. Subdivision (e) amended, and new (f)
created, to limit the kind of information available to nonresiduary
beneficiaries, and subsequent subdivisions relettered. Editorial
changes in (a), (e), and (g). Committee notes revised.

2012 Revision: The last sentence of subdivision (d) is deleted
to remove duplicative requirement of filing a proof of service for a
document which includes a certificate of service as provided in Fla.
R. Gen. Prac. & Jud. Admin. 2.516. If service of the inventory is by
service in the manner provided for service of formal notice, then
proof of service should be filed as provided in rule 5.040(a)(5).
Committee notes revised.

2024 Revision: Amended subdivision (g) to require that the
inventory must value the elective estate assets as required by law.
Committee notes revised.

Constitutional Reference

Art. X, § 4, Fla. Const.

Statutory References

§ 732.2035, Fla. Stat. Property entering into elective estate.

§ 732.2045, Fla. Stat. Exclusions and overlapping application.

§ 732.2055, Fla. Stat. Valuation of the elective estate.

§ 732.401, Fla. Stat. Descent of homestead.

§ 732.4015, Fla. Stat. Devise of homestead.
§ 733.604, Fla. Stat. Inventories and accounting; public
records exemptions.

Rule References

Fla. Prob. R. 5.041 Service of pleadings and documents.

Fla. Prob. R. 5.060 Request for notices and copies of
pleadings.

Fla. Prob. R. 5.330 Execution by personal representative.

Fla. Prob. R. 5.360 Elective share.

Fla. Prob. R. 5.405 Proceedings to determine homestead status
of real property.

Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.