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Florida Statute 744.365 - Full Text and Legal Analysis
Florida Statute 744.365 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 744
GUARDIANSHIP
View Entire Chapter
744.365 Verified inventory.—
(1) FILING.—A guardian of the property shall file a verified inventory of the ward’s property.
(2) CONTENTS.—The verified inventory must include the following:
(a) All property of the ward, real and personal, that has come into the guardian’s possession or knowledge, including a statement of all encumbrances, liens, and other secured claims on any item, any claims against the property, any cause of action accruing to the ward, and any trusts of which the ward is a beneficiary.
(b) The location of the real and personal property in sufficient detail so that it may be clearly identified or located.
(c) A description of all sources of income, including, without limitation, social security benefits and pensions.
(3) CASH ASSETS.—Along with the verified inventory, the guardian must file a copy of the most current statement of all of the ward’s cash assets from all institutions where the cash is on deposit.
(4) SAFE-DEPOSIT BOX.—
(a) The initial opening of any safe-deposit box of the ward must be conducted in the presence of an employee of the institution where the box is located. The inventory of the contents of the box also must be conducted in the presence of the employee, who must verify the contents of the box by signing a copy of the inventory. This safe-deposit box inventory shall be filed with the court within 10 days after the box is opened.
(b) The guardian shall provide the ward with a copy of each signed safe-deposit box inventory unless the ward is a minor or has been adjudicated totally incapacitated or unless the order appointing the guardian states otherwise.
(c) Nothing may be removed from the ward’s safe-deposit box without specific court approval.
(5) RECORDS RETENTION.—
(a) The guardian shall maintain substantiating papers and records sufficient to demonstrate the accuracy of the initial inventory for a period of 3 years after her or his discharge. The substantiating papers need not be filed with the court but must be made available for inspection and review at such time and place and before such persons as the court may order.
(b) As part of the substantiating papers, the guardian must identify by name, address, and occupation, the witness or witnesses, if any, who were present during the initial inventory of the ward’s personal property.
(6) AUDIT FEE.—
(a) Where the value of the ward’s property exceeds $25,000, a guardian shall pay from the ward’s property to the clerk of the circuit court a fee of up to $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, upon the filing of the verified inventory, for the auditing of the inventory. Upon petition by the guardian, the court may waive the auditing fee upon a showing of insufficient funds in the ward’s estate. Any guardian unable to pay the auditing fee may petition the court for waiver of the fee. The court may waive the fee after it has reviewed the documentation filed by the guardian in support of the waiver.
(b) An audit fee may not be charged to any ward whose property has a value of less than $25,000.
History.—s. 49, ch. 89-96; s. 32, ch. 90-271; s. 1087, ch. 97-102; s. 115, ch. 2003-402; s. 77, ch. 2004-265; s. 14, ch. 2006-178; s. 40, ch. 2008-111; s. 26, ch. 2019-58.

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Amendments to 744.365


Annotations, Discussions, Cases:

Cases Citing Statute 744.365

Total Results: 13  |  Sort by: Relevance  |  Newest First

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In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991).

Cited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366

...Rule History 1991 Revision: New rule adopted to apply to guardianships over minors who are not incapacitated persons. Statutory References § 744.334, Fla. Stat. Petition for appointment of guardian; contents. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
...Statutory References § 744.3215, Fla. Stat. Rights of persons determined incapacitated. § 744.331, Fla. Stat. Procedures to determine incapacity. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
...the cash is on deposit. (c) Safe Deposit Box Inventory. If the ward has a safe deposit box, an inventory of the contents of the box must be included in the initial inventory. The inventory must be conducted according to the procedures outlined in F.S. 744.365(4)....
...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. Statutory References § 199.062(4), Fla. Stat. Annual tax information reports. § 744.362, Fla. Stat. Initial guardianship report. § 744.365, Fla....
...on, they shall make a good faith effort to jointly file the initial guardianship report. Rule History 1991 Revision: New rule. Statutory References § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Revised to conform with new statutory requirements. Statutory References § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
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In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

...1992 Revision: Citation form changes in committee notes. 2005 Revision: Editorial changes in (d). 2007 Revision: Committee notes revised. Statutory References § 199.062(4), Fla. Stat. Annual tax information reports. § 744.362, Fla. Stat. Initial guardianship report. § 744.365, Fla....
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In Re: Amendments to the Florida Prob. Rules - Guardianship (Fla. 2020).

Published | Supreme Court of Florida

...If yes, location and number of safe-deposit box: Does the ward lease a safe-deposit box with another individual or individuals? Yes No Who is the joint lessee with the ward? Was an inventory of the safe-deposit box filed with the court as required by section 744.365, Florida Statutes? Yes No Has the safe-deposit box been opened? Yes No [A certificate of service as required by Florida Rule of Judicial Administration 2.516 must be inclu...
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In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

...ishment of this act. 1992 Revision: Citation form changes in committee notes. 2005 Revision: Editorial changes in (d). Statutory References § 199.062(4), Fla. Stat. Annual tax information reports. § 744.362, Fla. Stat. Initial guardianship report. § 744.365, Fla....
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In re Amendment to Florida Prob. Rule—Part III (Guardianship), 551 So. 2d 452 (Fla. 1989).

Published | Supreme Court of Florida | 1989 WL 139493

...the cash is on deposit. (c) Safe deposit box inventory. If the ward has a safe deposit box, an inventory of the contents of the box must be included in the initial inventory. The inventory must be conducted according to the procedures outlined in F.S. 744.365(4)....
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Amendments to the Florida Prob. Rules, 778 So. 2d 272 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 730, 2000 Fla. LEXIS 1905, 2000 WL 1424512

...Petition for appointment of guardian; contents. § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
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In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

...§ 744.334, Fla.Stat.' Petition for appointment of guardian; contents. § 744.3371(2), Fla.Stat. Notice of petition for appointment of guardian and hearing. § 744.342, FIa.Stat. Minors; guardianship. § 744.362, Fla.Stat. Initial guardianship report. § 744.363, Fla.Stat. Initial guardianship plan. § 744.365, Fla.Stat....
...eginning of the time period for the accomplishment of this act. 1992 Revision: Citation form changes in committee notes. Statutory References § 199.062(4), Fla.Stat. Annual tax information reports. § 744.362, Fla.Stat. Initial guardianship report. § 744.365, Fla.Stat....
...1992 Revision: Addition of phrase in subdivision (b) to conform to 1992 amendment to section 744,362(1), Florida Statutes. Citation form changes in committee notes. Statutory References § 744.362, Fla.Stat. Initial guardianship report. § 744.363, Fla.Stat. Initial guardianship plan. § 744.365, Fla.Stat....
...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Revised to conform with new statutory requirements. 1992 Revision: Citation form changes in committee notes. Statutory References § 744.362, Fla.Stat. Initial guardianship report. § 744.363, Fla.Stat. Initial guardianship plan. § 744.365, Fla.Stat....
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In Re: Amendments to the Florida Prob. Rules - 2021 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

...§ 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Petition for appointment of guardian or professional guardian; contents. § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. ’ § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
...Statutory References § 744.3215, Fla,' Stat. Rights of persons determined incapacitated. § 744.331, Fla. Stat. Procedures to -determine incapacity. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
...2007 Revision: Committee notes revised. 2008 Revision: Adds reference to guardian advocate in new (e). Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.362, Fla. Stat. Initial guardianship report. § 744.365, Fla....
...1992 Revision: Citation form changes in committee notes. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2021).

Published | Supreme Court of Florida

Fla. Stat. Initial guardianship plan. § 744.365, Fla. Stat. Verified inventory. § 744
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In re Amendments to the Florida Prob. Rules, 948 So. 2d 735 (Fla. 2007).

Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

...Petition for appointment of guardian or professional guardian; contents. § 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2020 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...§ 744.3371(2), Fla. Stat. Notice of petition for appointment of guardian and hearing. § 744.342, Fla. Stat. Minors; guardianship. § 744.362, Fla. Stat. Initial guardianship report. § 744.363, Fla. Stat. Initial guardianship plan. § 744.365, Fla....