Rule 5.342. Inventory of Safe-deposit Box

(a) Filing. The personal representative shall file an inventory of the contents of the decedent’s safe-deposit box within 10 days of the initial opening of the box by the personal representative or the personal representative’s attorney of record. The inventory shall include a copy of the financial institution’s entry record for the box from a date that is six months prior to the decedent’s date of death to the date of the initial opening by the personal representative or the personal representative’s attorney of record.

(b) Verification. Each person who was present at the initial opening must verify the contents of the box by signing a copy of the inventory under penalties of perjury.

(c) Service. The personal representative shall serve a copy of the inventory on 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 in writing.

Committee Notes

Inventories and entry records, once filed, shall be afforded the same confidentiality as probate inventories. If a safe-deposit box is opened pursuant to section 655.935 of the Florida Statutes, no written inventory of the box need be prepared or filed. Rule History 2003 Revision: New rule. 2012 Revision: The last sentence of subdivision (c) is deleted to remove duplicative requirement of filing a proof of service for a document which includes a certificate of service as provided in Fla. R. Gen. Prac. & Jud. Admin. 2.516. In service of the inventory is by service in the manner provided for service of formal notice, then proof of service should be filed as provided in rule 5.040(a)(5). Committee notes revised. Statutory References § 655.935, Fla. Stat. Search procedure on death of lessee. § 655.936, Fla. Stat. Delivery of safe-deposit box contents or property held in safekeeping to personal representative. § 733.6065, Fla. Stat. Opening safe-deposit box. Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.340 Inventory. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.3425. SEARCH OF SAFE DEPOSIT BOX (a) Petition for Order Authorizing Search. The petition for an order authorizing the search of a safe deposit box leased or co- leased by a decedent must be verified and must contain: (1) The petitioner’s name, address, and interest, if any, in the estate; (2) The decedent’s name, address, date and place of death, and state and county of domicile; (3) A description of the safe deposit box leased by the decedent and, if known, the name of any co-lessee; (4) The name and address of the institution where the safe deposit box is located; and (5) A statement that the petitioner believes that the decedent may have left in the safe deposit box one or more of the following: (A) A will or codicil of the decedent, or a writing described in section 732.515 of the Code; (B) A deed to a burial plot; (C) A writing giving burial instructions; or (D) Insurance policies on the life of the decedent. (b) Order. If the Court determines that the petitioner is entitled to an order authorizing a search of the decedent’s safe deposit box, it must enter an order (1) authorizing the petitioner to open the safe deposit box in the presence of an officer of the lessor and, if requested by the petitioner, to remove and deliver (A) to the court having probate jurisdiction in the county where the lessor is located any writing purporting to be a will or codicil of the decedent and any writing purporting to identify devises of tangible property; (B) to the petitioner, any writing purporting to be a deed to a burial plot to give burial instructions; and (C) to the beneficiary named therein, any document purporting to be an insurance policy on the life of the decedent. (2) directing the officer of the lessor to make a complete copy of any document removed and delivered pursuant to the court order, together with a memorandum of delivery identifying the name of the officer, the person to whom the document was delivered, and the date of delivery, to be placed in the safe deposit box leased or co-leased by the decedent. Committee Notes The search of the safe deposit box is not considered an initial opening and is not subject to the inventory requirements of rule 5.342. Rule History 2010 Revision: New rule. Statutory References § 655.935, Fla. Stat. Search procedure on death of lessee.