The Short Answer

Usually, an obituary by itself is not enough to open a Florida probate estate. Florida probate proceedings generally require filing an official record of death, and the most common (and easiest) way to satisfy that is a certified death certificate—though a court can sometimes waive the filing requirement in limited situations.

What Florida Law Says

Florida law recognizes a death certificate as strong evidence of death in probate-related proceedings. If a death certificate is not immediately available, the court may still require some form of official proof, and the timing and type of probate proceeding (formal administration, summary administration, etc.) can affect what the judge will accept and when.

The Statute

The primary law governing proof of death in Florida probate proceedings is Fla. Stat. § 731.103.

This statute establishes that an authenticated (certified) death certificate is prima facie proof of the fact, place, date, and time of death and the identity of the decedent, and it also allows death/status to be established through certain governmental records or other evidence in appropriate cases.

Why You Should Speak with an Attorney

Even though an obituary may seem persuasive, probate courts and financial institutions often require official documentation, and the wrong filing (or missing proof) can delay appointment of a personal representative and access to assets. Legal outcomes often depend on:

• Strict Deadlines: In many probate cases, a copy of an official record of death must be filed within specific timeframes (and in some proceedings before an order can be entered), unless the court waives the requirement.
• Burden of Proof: If a death certificate is delayed, you may need alternative admissible evidence (for example, certain governmental records) that actually meets Florida’s evidentiary standards—an obituary is typically hearsay and may be challenged.
• Exceptions: Special situations (missing person, death outside the U.S., identity discrepancies, or disputes among family members) can require additional court findings before probate can move forward.

An attorney can quickly assess what the court in your county is likely to accept, whether a waiver request is realistic, and how to avoid delays that can freeze bank accounts, real estate transactions, and beneficiary distributions.

If you want more background, see: How Do I Get Letters of Administration in Florida (and What Forms Are Required)? and How Do I Confirm Whether a Probate Estate Is Open and Get Probate Filings in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.