Florida Statute 731.103 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 731
PROBATE CODE: GENERAL PROVISIONS

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F.S. 731.103

731.103 Evidence as to death or status.—In proceedings under this code and under chapter 736, the following additional rules relating to determination of death and status are applicable:

(1) An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date, and time of death and the identity of the decedent.

(2) A copy of any record or report of a governmental agency, domestic or foreign, that a person is alive, missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.

(3) A person who is absent from the place of his or her last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed to be 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. Evidence showing that the absent person was exposed to a specific peril of death may be a sufficient basis for the court determining at any time after such exposure that he or she died less than 5 years after the date on which his or her absence commenced. A petition for this determination shall be filed in the county in Florida where the decedent maintained his or her domicile or in any county of this state if the decedent was not a resident of Florida at the time his or her absence commenced.

(4) This section does not preclude the establishment of death by direct or circumstantial evidence prior to expiration of the 5-year time period set forth in subsection (3).

History.—s. 1, ch. 74-106; s. 2, ch. 75-220; s. 946, ch. 97-102; s. 1, ch. 2003-154; s. 27, ch. 2006-217.

Note.—Created from former s. 734.34.

F.S. 731.103 on Google Scholar

F.S. 731.103 on Casetext

Amendments to 731.103

Arrestable Offenses / Crimes under Fla. Stat. 731.103

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 731.103.

Annotations, Discussions, Cases:

Cases Citing Statute 731.103

Total Results: 16

Andrews v. Estate of Andrews

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-07T00:00:00-08:00

Citation: 149 So. 3d 760, 2014 Fla. App. LEXIS 18175, 2014 WL 5781428

Snippet: his or her domicile.... § 731.103(3), Fla. Stat.- (2013). Section 731.103(3) creates a presumption of…declare his sister deceased pursuant to section 731.103(3), Florida .Statutes (2013). According to the …insufficient to prove that she was dead.2 Section 731.103(3), Florida Statutes (2013), provides that: A person…Simonhoff, 157 So.2d 541 (Fla. 3d DCA 1963))). Section 731.103(3) “is merely a procedure by which the Legislature…Groover, 157 So.2d at 543). In applying section 731.103(3), the standard of proof is “ ‘[whether] the circumstantial

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2010-09-02T00:00:00-07:00

Citation: 50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Snippet: Fla. Stat. Death and fetal death registration. § 731.103, Fla. Stat. Evidence as to death or status. § 733.2121

Marshall v. HQM of Winter Park, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-08T00:00:00-07:00

Citation: 959 So. 2d 1207, 2007 Fla. App. LEXIS 9019, 2007 WL 1647561

Snippet: death as well as the identity of the decedent.” § 731.103(1), Fla. Stat. (2007). It does not constitute prima

Great Southern Life Ins. Co. v. Porcaro

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-24T23:53:00-08:00

Citation: 869 So. 2d 585

Snippet: 773 F.2d 1158 (11th Cir.1985) (holding section 731.103, Florida Statutes, providing for prima facie evidentiary

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: Committee notes revised. Statutory References § 731.103, Fla. Stat. Evidence as to death or status. § 733.212

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2002-05-02T00:00:00-07:00

Citation: 824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Snippet: Committee notes revised. Statutory References § 731.103, Fla. Stat. Evidence as to death or status. § 733.212

Woods v. Estate of Woods

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-23T00:00:00-07:00

Citation: 681 So. 2d 903, 1996 Fla. App. LEXIS 11091, 1996 WL 603794

Snippet: ship during a hurricane. Believing that section 731.103, Florida Statutes (1995), precluded the court from…her husband declared dead pursuant to sections 731.103 and 733.209, Florida Statutes (1995). She filed…declare Mr. Woods dead, concluding that section 731.103(3) prevented it from doing so until five years …905evidence establishing that death occurred earlier. § 731.103(3) (emphasis supplied). At common law, upon the…Simonhoff, 157 So.2d 541 (Fla. 3d DCA 1963). Section 731.103(3) provides for that presumption to arise after

Hopper v. Dependable Life Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 1993-03-10T00:00:00-08:00

Citation: 615 So. 2d 263, 1993 Fla. App. LEXIS 2498, 1993 WL 64800

Snippet: that Mr. Hopper died on February 6, 1980. See § 731.103(3), Fla.Stat. (1983). Dependable moved for summary…five years, that person is presumed to be dead. § 731.103(3), Fla.Stat. (1983). Mrs. Hopper’s cause of action

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 1992-09-24T00:00:00-07:00

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: implementation of the procedure found in 5⅛_ section 731.103, Florida Statutes. It is not intended to change… in committee notes. Statutory References 3¾§4 731.103, Fla.Stat. Evidence as to death or status. § 744.521… in committee notes. Statutory References RSr§ 731.103, Fla.Stat. Evidence as to death or status. § 733.212

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-03-19T23:53:00-08:00

Snippet: in which the death or birth occurred. 7 See, s. 731.103, F.S., providing that an authenticated copy of

Florida Bar

Court: Fla. | Date Filed: 1988-09-29T00:00:00-07:00

Citation: 531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Snippet: implementation of the procedure found in F.S. 731.103. It is not intended to change the effect of the…1988 Revision: New rule. Statutory Reference F.S. 731.103 Evidence as to death or status. Rule Reference …Committee notes revised. Statutory Reference F.S. 731.103 Evidence as to death or status. Rule References

Florida Bar

Court: Fla. | Date Filed: 1988-09-29T00:00:00-07:00

Citation: 537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Florida Bar re Amendment to Rules

Court: Fla. | Date Filed: 1984-09-13T00:00:00-07:00

Citation: 458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Snippet: Committee notes revised. Statutory Reference F.S. 731.103 Evidence as to death or status. Rule 5.210. PROBE

Florida Bar

Court: Fla. | Date Filed: 1980-09-04T00:00:00-07:00

Citation: 387 So. 2d 949, 1980 Fla. LEXIS 4351

Snippet: stage in the proceedings. Statutory Reference: FPC 731.103, evidence as to death or status. RULE 5.340. INVENTORY

In re Florida Rules of Probate & Guardianship Procedure

Court: Fla. | Date Filed: 1975-12-17T00:00:00-08:00

Citation: 324 So. 2d 38, 1975 Fla. LEXIS 4473

Snippet: Note: This is a new rule and is the same as FPC 731.103. RULE 5.175. VIRTUAL AND OTHER REPRESENTATION In

Vilas v. Vilas

Court: Fla. | Date Filed: 1932-01-06T00:00:00-08:00

Citation: 138 So. 731, 103 Fla. 1124

Snippet: PER CURIAM. — 6 January 1932 138 So. 731, 103 Fla. 1124 A. S. Bradley and Crockett Owen,