Florida Probate Rule 5.171
RULE 5.171. EVIDENCE OF DEATH
In a proceeding under these rules, the following shall apply:
(a) Death Certificate. An authenticated copy of a death
certificate issued by an official or agency of the place where the
death purportedly occurred or by an official or agency of the United
States is prima facie proof of the fact, place, date, and time of death
and the identity of the decedent.
(b) Other Records. A copy of any record or report of a
governmental agency, domestic or foreign, that a person is dead,
alive, missing, detained, or, from the facts related, presumed dead
is prima facie evidence of the status, dates, circumstances, and
places disclosed by the record or report.
(c) Extended Absence. A person who is absent from the
place of that person’s last known domicile for a continuous period
of 5 years and whose absence is not satisfactorily explained after
diligent search and inquiry is presumed dead. The person’s death is
presumed to have occurred at the end of the period unless there is
evidence establishing that death occurred earlier.
Committee Notes
This rule represents a rule implementation of the procedure
found in section 731.103, Florida Statutes. It is not intended to
change the effect of the statute from which it was derived but has
been reformatted to conform with the structure of these rules. It is
not intended to create a new procedure or modify an existing
procedure, except that additional language has been added which
was not in the statute, to permit issuance of a death certificate by
an official or agency of the United States. An example would be
such a certificate issued by the Department of State or the
Department of Defense.
Rule History
1988 Revision: New rule.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
Statutory References
§ 731.103, Fla. Stat. Evidence as to death or status.
§ 744.521, Fla. Stat. Termination of guardianship.
Rule References
Fla. Prob. R. 5.205 Filing evidence of death.
Fla. Prob. R. 5.680 Termination of guardianship.
In a proceeding under these rules, the following shall apply:
(a) Death Certificate. An authenticated copy of a death
certificate issued by an official or agency of the place where the
death purportedly occurred or by an official or agency of the United
States is prima facie proof of the fact, place, date, and time of death
and the identity of the decedent.
(b) Other Records. A copy of any record or report of a
governmental agency, domestic or foreign, that a person is dead,
alive, missing, detained, or, from the facts related, presumed dead
is prima facie evidence of the status, dates, circumstances, and
places disclosed by the record or report.
(c) Extended Absence. A person who is absent from the
place of that person’s last known domicile for a continuous period
of 5 years and whose absence is not satisfactorily explained after
diligent search and inquiry is presumed dead. The person’s death is
presumed to have occurred at the end of the period unless there is
evidence establishing that death occurred earlier.
Committee Notes
This rule represents a rule implementation of the procedure
found in section 731.103, Florida Statutes. It is not intended to
change the effect of the statute from which it was derived but has
been reformatted to conform with the structure of these rules. It is
not intended to create a new procedure or modify an existing
procedure, except that additional language has been added which
was not in the statute, to permit issuance of a death certificate by
an official or agency of the United States. An example would be
such a certificate issued by the Department of State or the
Department of Defense.
Rule History
1988 Revision: New rule.
1992 Revision: Editorial changes. Committee notes revised.
Citation form changes in committee notes.
Statutory References
§ 731.103, Fla. Stat. Evidence as to death or status.
§ 744.521, Fla. Stat. Termination of guardianship.
Rule References
Fla. Prob. R. 5.205 Filing evidence of death.
Fla. Prob. R. 5.680 Termination of guardianship.