Fidura

Rule 5.910, the Initial Inventory

The first report a Florida guardian of the property files. Its form is printed in the Florida Probate Rules.

By Fidura staff. Last reviewed .

Who files
The guardian of the property
Served on the ward’s attorney, and on the ward unless under 14 or totally incapacitated. §744.362 (opens in a new tab)
When it’s due
60 days after your letters issue
Fla. Prob. R. 5.620(a) (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)

The rule counts from when letters issue; the statute counts from when they are signed. If the dates differ, file by the earlier deadline. §744.362(1) (opens in a new tab)

What it asks for

List everything the ward owns that you hold or know about, with where it is. Mark anything not yet in your hands. §744.365(2) (opens in a new tab) Rule 5.620(a) (opens in a new tab)

The sections of Rule 5.910
SectionWhat goes there
AReal property: description, address, full value, any other owner
BCash: checking, savings, money market and CDs, with the last 4 digits and whether it is a depository account
CStocks, bonds and other intangibles, by issuer
DTangible personal property: vehicles, jewelry, furnishings, collectibles, art
EDebts and liens of $1,000 or more
FSources of income, by estimated monthly amount, and who is the Social Security payee
GLawsuits against the ward
HPending lawsuits, and suits the ward may bring with court approval
IAssets the ward was owed on the date of letters but has not received
JTrusts the ward has an interest in
KSafe-deposit box

The summary on page one totals Sections A to E. The rules call their forms sufficient, and let you vary them to fit the case.

Common mistakes

Statements left off

File a statement for every cash and investment account. The statute asks for the most current one for cash; the form asks, in Sections B and C, for one from the date the guardianship began. §744.365(3) (opens in a new tab)

Missing attachments

Attach the deed or property appraiser’s record for real property, titles for vehicles, and the papers for each debt listed.

The safe-deposit box

Open it first with a bank employee, who signs your list of what is inside. File that list within 10 days of opening. §744.365(4) (opens in a new tab)

Property found after filing

File an amended or supplemental inventory within 30 days of learning of it. Tick “Amended Form? Yes” at the top. Rule 5.620(b) (opens in a new tab)

If the ward’s property is worth over $25,000, the clerk charges an audit fee of up to $85, paid from the ward’s property. §744.365(6) (opens in a new tab) After the clerk’s audit, the court enters an order approving or disapproving the inventory. Fla. Stat. §744.369 (opens in a new tab)

Your first account

The first annual accounting starts from the values on this inventory. Those values become each asset’s carrying value. Rule 5.696(b)(1) and App. B (opens in a new tab)

It covers the rest of the calendar year and is due April 1. To use a fiscal year instead, tell the court within 30 days of your letters, which is before this inventory is due. §744.367(2), (6) (opens in a new tab)

Sources

Also for Florida: Annual Accounting

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

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