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Florida guardian’s annual accounting

What a Florida guardian of the property reports each year. Every asset carries two values, the one it came in at and what it is worth now.

By Fidura staff. Last reviewed .

Who files
The guardian of the property
A guardian of the person files a yearly plan instead.
When it’s due
By April 1, for the calendar year before
Fla. Stat. §744.367(2) (opens in a new tab)
Where
The clerk of the circuit court
The clerk audits it within 90 days. §744.368(3) (opens in a new tab)

You sign it under penalty of perjury. Rule 5.696(e) (opens in a new tab) Serve the ward’s attorney, if any. The ward gets a copy too, unless a minor or totally incapacitated. §744.367(3)(b) (opens in a new tab)

What you need

File a full account of what came in and went out, and a list of what the ward owns at the end. Attach the annual or year-end statement of every cash account. Some clerks ask for more, so check yours. §744.3678(2) (opens in a new tab)

Start from last year’s ending balance, or the inventory’s values if this is the first accounting. Rule 5.696(b) (opens in a new tab) Add a declaration of everything you received for your work for the ward, from any source, in cash or in kind. §744.367(3)(a) (opens in a new tab)

Keep a receipt or canceled check for every payment until three years after your discharge. You don’t file them, but the court can ask to see them. §744.3678(3) (opens in a new tab)

Local courts publish their own versions, such as the 13th Circuit’s (opens in a new tab). The example below uses the model format in the rules.

It follows Marjorie Delacroix, an invented ward whose guardian’s letters issued 06/12/2024. Her first accounting ran to 12/31/2024. This is her second, for 01/01/2025 to 12/31/2025, and it was due 04/01/2026.

Schedule D must agree with item V

The Summary is kept on carrying value: each asset at the value it came in at. Item V is where the year ends. The carrying-value total on Schedule D, the list of assets, must match it.

Marjorie Delacroix, invented ward · Summary, carrying value
I. Starting balance$25,215.60
II. Receipts, Schedule A21,756.35
III. Less disbursements, Schedule B19,794.20
IV. Net gain or (loss), Schedule C620.00
V. Assets on hand at close, Schedule D$27,797.75

Where the figures came from

Receipts (Schedule A)
Social Security, $1,420.00 × 12$17,040.00
Pension, $385.00 × 124,620.00
Savings interest96.35
Receipts$21,756.35
Disbursements (Schedule B)
Assisted living, $1,450.00 × 1217,400.00
Pharmacy684.20
Guardian’s fee1,200.00
Bond premium175.00
Clerk’s audit fee, 2024 accounting85.00
Tax preparer250.00
Disbursements$19,794.20
Assets on hand (Schedule D)
Checking11,201.40
Savings12,096.35
Mutual fund, 100 shares at $45.004,500.00
Carrying value$27,797.75

The sale

Marjorie started the year with 200 fund shares, carried at $45.00 each. Her guardian sold 100 for $5,150.00, less a $30.00 commission. Schedule C shows the carrying value of $4,500.00, the cost, and net proceeds of $5,120.00. Only the $620.00 gain goes to item IV.

The proceeds went to checking but stay off Schedule A. The shares were already in item I.

The second value

Schedule D also lists each asset’s estimated current value. The 100 shares left were worth $52.40 each at year end, so that column totals $28,537.75. The rise is not a gain and never reaches item IV. Rule 5.696, App. B ¶3.5 (opens in a new tab)

Other ways to account

Unless the court directs otherwise, you may pick a fiscal year instead. Tell the court within 30 days of your letters, and keep that period after. A fiscal-year accounting is due on the first day of the fourth month after the year ends. §744.367(2), (6) (opens in a new tab)

If everything sits in a court-designated depository, and only interest, settlement deposits or bank charges touch it, you may file a simplified accounting. It is the original or a certified copy of the year-end statement, and your statement under penalty of perjury that you hold what it shows. §744.3679 (opens in a new tab)

No accounting is required if the court finds the ward’s only income is Social Security and you are the payee. §744.3678(5) (opens in a new tab) You still account to SSA on the SSA-623.

After you file

Pay the clerk’s audit fee from the ward’s estate when you file. It is up to $20 for an estate of $25,000 or less, $85 up to $100,000, $170 up to $500,000 and $250 above that. Marjorie’s fee is up to $85. §744.3678(4) (opens in a new tab)

The ward or any interested person may object within 30 days of filing. §744.367(4) (opens in a new tab) The clerk then reports the audit to the court, which enters an order approving or disapproving the accounting. Fla. Stat. §744.369 (opens in a new tab)

If you file late, the court can order you to file within 15 days or show cause. A fine for contempt cannot be paid from the ward’s property. Fla. Stat. §744.3685 (opens in a new tab)

The final report

When the ward dies, file a final report with a petition for discharge. It covers everything since the last annual accounting and lists the assets you will hand over. Rule 5.680(c) (opens in a new tab)

It is due 45 days after you are served with letters of administration, letters of curatorship or an order of summary administration. You may hold back enough to pay final costs and fees. Fla. Stat. §744.527 (opens in a new tab)

Common mistakes

A first accounting that runs too long

The first period starts on the date of your letters. It may not end more than a year after the last day of that month. §744.367(6) (opens in a new tab)

Current value in item V

Item V takes the carrying-value total. Use the current-value total and Schedule D stops agreeing with the Summary.

No proof on a personal surety

If a person, not a company, stands surety on your bond, file proof with each annual report that the surety is alive and solvent. Fla. Stat. §744.351(2) (opens in a new tab)

Sources

Also for Florida: Rule 5.910, Initial Inventory

We make Fidura, guardianship accounting software built on a reconciled register for each ward. See the product

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