Probate Personal Property Inventory: What the Court Requires and How to File

The Court Wants a List, and It Wants It Soon

Probate inventory filing requirements and deadlines vary by state and court. Once appointed, executors and administrators should follow the court's instructions and document the estate's assets before distributing, selling, or discarding anything.

The inventory must account for every asset the deceased owned, including tangible personal property. For families clearing out a parent's home, this means documenting the contents of the house before distributing, selling, or discarding anything.

What Goes on the Inventory

The probate inventory covers all assets owned by the decedent at the date of death. For personal property, this includes:

• Household furnishings and appliances — valued at fair market value, not replacement cost
• Vehicles — cars, trucks, boats, RVs, motorcycles
• Jewelry, art, and collectibles — anything with significant monetary value
• Electronics — computers, cameras, audio equipment
• Tools and equipment — workshop tools, lawn equipment, hobby equipment
• Firearms — each must be listed individually with make, model, and serial number
• Cash found in the home — every dollar must be documented and deposited into the estate account
• Safety deposit box contents — document them when the box is opened, following the bank's and probate court's procedures

Items of purely sentimental value with no market worth (family photos, personal letters, worn clothing) should still be documented; a general category entry may be sufficient if the court's rules allow it.

Valuation: Fair Market Value at Date of Death

The court wants fair market value — what a willing buyer would pay a willing seller, both having reasonable knowledge of the relevant facts. This is not what the item cost originally or what it would cost to replace.

For most household contents, fair market value is a fraction of the original purchase price. A living room set that cost $3,000 new might have a fair market value of $200 to $500. Used clothing has almost no market value. Kitchen appliances depreciate rapidly.

Items that may have appreciated — antiques, fine art, jewelry, coin collections, firearms — need individual valuation. Whether a qualified independent appraisal is required depends on state law and the probate court's instructions; high-value items should be appraised before allocation or sale.

The Video Inventory Method

Before moving, selling, or giving away a single item, walk through the entire house with a camera or phone. Record every room, opening closets, drawers, and cabinets as you go. Narrate what you see — the model number on the TV, the brand of the silverware set, the condition of the furniture.

This video becomes a baseline record of what was in the house on the day you took control. If a sibling later claims something is missing, the video can help confirm or investigate the claim.

Follow up with a written log that categorizes items by room and estimates fair market value for anything with meaningful worth.

Can You Sell Before Probate Is Complete?

Technically, the executor has authority to sell personal property once they receive Letters Testamentary — they do not need to wait for probate to close. But there are important guardrails:

Debts come first. The estate's creditors must be paid before assets are distributed to heirs. If you sell personal property and distribute the proceeds to family members before all debts and taxes are settled, you are personally liable for the unpaid claims.

Court approval may be required. Some states require court approval before selling real property, and some require approval for personal property sales above a certain value. Check your state's probate code.

Keep detailed records. Document every sale — what was sold, to whom, for how much, and the date. These records are part of the final accounting you file with the court.

Do not sell to yourself at a discount. Executors who purchase estate assets at below fair market value face fiduciary duty claims from other beneficiaries. If you want to buy something from the estate, pay fair market value and document the transaction.

Common Mistakes That Create Liability

Distributing items before filing the inventory. Once family members take items home, documenting what existed becomes impossible. Complete the inventory before any distribution begins.

Discarding items that had value. Old books, vintage tools, and what looks like junk can have significant collector value. When in doubt, get an opinion before sending it to the dumpster.

Ignoring digital assets. Cryptocurrency, online accounts with stored value, and digital media libraries are estate assets. Check browser bookmarks, password managers, and email for accounts with monetary value.

The Clearing Out the Family Home toolkit includes an asset inventory log designed specifically for probate documentation — organized by room with fields for description, condition, estimated value, and disposition.