Fla. Prob. R. 5.171

As amended through March 26, 2024

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.

FL. Prob. R. 5.171

Added by 531 So.2d 1261, effective 1/1/1989.

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.