The Short Answer

In Florida probate and trust proceedings, the most common proof of death is an authenticated death certificate, which Florida law treats as prima facie evidence of the death and key details. If a death certificate is unavailable (for example, the person is missing), Florida law also allows other government records and, in certain cases, a legal presumption of death based on prolonged unexplained absence or other direct/circumstantial evidence.

What Florida Law Says

Florida’s Probate Code provides specific evidentiary rules for establishing a person’s death or legal status (alive, missing, presumed dead) in probate and trust-related proceedings. These rules matter because the court generally cannot move forward with appointing a personal representative, administering assets, or distributing inheritances until death (or presumed death) is legally established.

The Statute

The primary law governing this issue is Fla. Stat. § 731.103.

This statute establishes that an authenticated death certificate is prima facie proof of the fact, place, date, and time of death and the identity of the decedent, and it also recognizes certain government records and legal presumptions (including a 5-year unexplained absence) as prima facie evidence of death or status.

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: If the person is missing, the timing of when death can be presumed (including the 5-year absence rule) can affect when an estate can be opened and when claims or distributions can proceed under Fla. Stat. § 731.103.
• Burden of Proof: “Prima facie” evidence can still be challenged; disputes may arise over identity, the circumstances of death, or whether the evidence is properly authenticated.
• Exceptions: Missing-person cases may require the court to evaluate “diligent search and inquiry,” exposure to a specific peril, or other direct/circumstantial evidence to establish death earlier than 5 years under Fla. Stat. § 731.103.

Trying to handle this alone can lead to procedural errors, delays in accessing estate assets, or dismissal of a filing—especially when family members disagree or documentation is incomplete.

Get Connected with a Florida Attorney

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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.