Florida Probate Rule 5.342
RULE 5.342. INVENTORY OF SAFE-DEPOSIT BOX
(a) Filing. The personal representative shall file an inventory
of the contents of the decedent’s safe-deposit box within 10 days of
the initial opening of the box by the personal representative or the
personal representative’s attorney of record. The inventory shall
include a copy of the financial institution’s entry record for the box
from a date that is six months prior to the decedent’s date of death
to the date of the initial opening by the personal representative or
the personal representative’s attorney of record.
(b) Verification. Each person who was present at the initial
opening must verify the contents of the box by signing a copy of the
inventory under penalties of perjury.
(c) Service. The personal representative shall serve a copy of
the inventory 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.
Committee Notes
Inventories and entry records, once filed, shall be afforded the
same confidentiality as probate inventories.
If a safe-deposit box is opened pursuant to section 655.935 of
the Florida Statutes, no written inventory of the box need be
prepared or filed.
Rule History
2003 Revision: New rule.
2012 Revision: The last sentence of subdivision (c) 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. In 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.
Statutory References
§ 655.935, Fla. Stat. Search procedure on death of lessee.
§ 655.936, Fla. Stat. Delivery of safe-deposit box contents or
property held in safekeeping to personal representative.
§ 733.6065, Fla. Stat. Opening safe-deposit box.
Rule References
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.340 Inventory.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.
(a) Filing. The personal representative shall file an inventory
of the contents of the decedent’s safe-deposit box within 10 days of
the initial opening of the box by the personal representative or the
personal representative’s attorney of record. The inventory shall
include a copy of the financial institution’s entry record for the box
from a date that is six months prior to the decedent’s date of death
to the date of the initial opening by the personal representative or
the personal representative’s attorney of record.
(b) Verification. Each person who was present at the initial
opening must verify the contents of the box by signing a copy of the
inventory under penalties of perjury.
(c) Service. The personal representative shall serve a copy of
the inventory 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.
Committee Notes
Inventories and entry records, once filed, shall be afforded the
same confidentiality as probate inventories.
If a safe-deposit box is opened pursuant to section 655.935 of
the Florida Statutes, no written inventory of the box need be
prepared or filed.
Rule History
2003 Revision: New rule.
2012 Revision: The last sentence of subdivision (c) 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. In 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.
Statutory References
§ 655.935, Fla. Stat. Search procedure on death of lessee.
§ 655.936, Fla. Stat. Delivery of safe-deposit box contents or
property held in safekeeping to personal representative.
§ 733.6065, Fla. Stat. Opening safe-deposit box.
Rule References
Fla. Prob. R. 5.041 Service of pleadings and documents.
Fla. Prob. R. 5.340 Inventory.
Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings
and documents.