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The Florida Senate

1998 Florida Statutes

733.604  Inventory.--

(1)(a)  Within 60 days after issuance of letters, a personal representative who is not a curator or a successor to another personal representative who has previously discharged the duty shall file an inventory of property of the estate, listing it with reasonable detail and including for each listed item its estimated fair market value at the date of the decedent's death. Unless otherwise ordered by the court for good cause shown, any such inventory or amended or supplementary inventory is subject to inspection only by the clerk of the court or the clerk's representative, the personal representative and the personal representative's attorney, and other interested persons.

(b)  The initial opening of any safe-deposit box of the decedent must be conducted in the presence of an employee of the institution where the box is located and the personal representative. The inventory of the contents of the box also must be conducted in the presence of the employee and the personal representative, each of whom must verify the contents of the box by signing a copy of the inventory. The personal representative shall file the safe-deposit box inventory with the court within 10 days after the box is opened.

(2)  The personal representative shall serve a copy of the inventory on the Department of Revenue, as provided in s. 199.062(4), 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; and the personal representative shall file proof of such service. The inventory shall be verified by the personal representative.

(3)  If the personal representative learns of any property not included in the original inventory, or learns that the estimated value or description indicated in the original inventory for any item is erroneous or misleading, he or she shall prepare an amended or supplementary inventory showing the estimated value of the new item at the date of the decedent's death, or the revised estimated value or description; and the personal representative shall serve a copy of the amended or supplementary inventory on each person on whom a copy of the inventory was served and shall file proof of such service. The amended or supplementary inventory shall be verified by the personal representative.

(4)  Upon the written request of a beneficiary for any asset specifically devised to that beneficiary, a beneficiary for any asset received by that beneficiary in satisfaction of a general devise, or a residuary beneficiary of a testate estate or an heir of an intestate estate, for any asset not specifically devised, the personal representative shall promptly furnish a written explanation of how the inventory value for the asset was determined, including whether the personal representative obtained an independent appraisal for that asset and from whom the appraisal was obtained. The personal representative must notify each beneficiary of the right to request information regarding determination of the inventory value of an asset. Neither a request nor the failure to request information under this subsection affects any rights of a beneficiary in subsequent proceedings concerning any accounting of the personal representative or the propriety of any action of the personal representative.

History.--s. 1, ch. 74-106; s. 76, ch. 75-220; s. 1, ch. 80-127; s. 4, ch. 84-106; s. 1, ch. 85-72; s. 29, ch. 85-342; s. 68, ch. 87-226; s. 28, ch. 95-401; s. 1003, ch. 97-102; s. 13, ch. 97-240.

Note.--Created from former s. 733.03.