The Short Answer

In Florida, you typically need a certified death certificate when a legal right or claim depends on a person’s death, and you can usually obtain certified copies of probate filings from the Clerk of Court in the county where the estate is (or was) opened. The key issues are identifying the correct agency/court, confirming what documents are recorded versus just filed, and requesting the right type of certification for your purpose.

What Florida Law Says

Florida law recognizes that certain death-related claims require a death certificate that is certified as authentic by the issuing governmental agency. Separately, Florida probate records are maintained by the Clerk of the Circuit Court, and many core probate documents (like wills admitted to probate, letters of administration, and certain orders) must be recorded in the county’s Official Records, which is often where certified copies are requested.

The Statute

The primary law governing this issue is Fla. Stat. § 717.1261.

This statute establishes that when someone claims entitlement to certain property due to a person’s death, the claimant must file a copy of the death certificate certified as authentic by the issuing governmental agency.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate and related claims can be time-sensitive, and delays in obtaining certified records can affect your ability to act when a deadline matters.
• Burden of Proof: Many institutions (courts, banks, insurers, and the Florida Department of Financial Services for unclaimed property) may reject non-certified documents or the “wrong” type of certification, forcing you to redo requests and lose time.
• Exceptions: Not every probate document is automatically recorded; under Florida law, many filings are only recorded if the court directs it, which can change where and how you obtain a certified copy.

Trying to handle this alone can lead to procedural errors, rejected submissions, or delays that cost money and leverage—especially if you need the documents for probate, unclaimed property, or to deal with financial institutions.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

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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.