Florida Probate Rule 5.620 - INVENTORY | Syfert Law

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Florida Probate Rule 5.620

RULE 5.620. INVENTORY

(a) Inventory. Within 60 days after issuance of letters, the
guardian of the property shall file a verified inventory as required by
law. All property not in the guardian’s possession as of the date the
inventory is filed shall be so identified.

(b) Amended or Supplemental Inventory. If the guardian
of the property learns of any property not included in the inventory,
or learns that the description in the inventory is inaccurate, the
guardian shall, within 30 days of this discovery, file a verified
amended or supplemental inventory showing the change.

(c) Substantiating Documents. Unless ordered by the
court, the guardian need not file the documents substantiating the
inventory. Upon reasonable written request, the guardian of the
property shall make the substantiating documents available for
examination to those persons entitled to receive or inspect the
inventory.

(d) Safe-Deposit Box Inventory. If the ward has a safe-
deposit box, a copy of the safe-deposit box inventory shall be filed
as part of the verified inventory.

(e) Guardian Advocates. This rule shall apply to a guardian
advocate to the extent that the guardian advocate was granted
authority over the property of the person with a developmental
disability.

Committee Notes

Rule History

1977 Revision: Change in committee notes to conform to
statutory renumbering.

1984 Revision: Change to require inventory to be filed within
60 days after issuance of letters, rather than after appointment.
Committee notes revised.

1988 Revision: Editorial changes. Committee notes revised.
Citation form change in committee notes.

1989 Revision: Prior rule deleted and replaced by temporary
emergency rule.

1991 Revision: Former rule 5.620(b) has been deleted as partly
substantive and addressed in section 744.381, Florida Statutes,
and the procedural part is unnecessary.

The committee recognizes the conflict between this rule and
section 744.362, Florida Statutes, which requires the filing of the
initial guardianship report (which includes the inventory) within 60
days after appointment. The committee believes this provision,
which attempts to regulate when a paper must be filed with the
court, is procedural and that a guardian may not receive letters of
guardianship empowering the guardian to act contemporaneously
with the appointment. Therefore, the issuance of letters is a more
practical time from which to measure the beginning of the time
period for the accomplishment of this act.

1992 Revision: Citation form changes in committee notes.

2005 Revision: Editorial changes in (d).

2007 Revision: Committee notes revised.

2008 Revision: Adds reference to guardian advocate in new (e).
Committee notes revised.

2012 Revision: Committee notes revised.

2016 Revision: Subdivision (c) revised to substitute
“documents” for “papers.”

Statutory References

§ 393.12, Fla. Stat. Capacity; appointment of guardian
advocate.

§ 744.362, Fla. Stat. Initial guardianship report.

§ 744.365, Fla. Stat. Verified inventory.

§ 744.3701, Fla. Stat. Inspection of report.

§ 744.381, Fla. Stat. Appraisals.

§ 744.384, Fla. Stat. Subsequently discovered or acquired
property.

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

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. 5.610 Execution by guardian.

Fla. Prob. R. 5.649 Guardian advocate.

Fla. Prob. R. 5.690 Initial guardianship report.

Fla. Prob. R. 5.700 Objection to guardianship reports.

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