Florida Probate Rule 5.205
Filing Evidence of Death
- (a)Requirements for Filing. A copy of an official record of the death of a decedent shall be filed by the personal representative, if any, or the petitioner in each of the following proceedings and at the times specified:
- (1)Administration of decedent’s estate: not later than 3 months following the date of the first publication of the notice to creditors.
- (2)Ancillary proceedings: not later than 3 months following the date of first publication of notice to creditors.
- (3)Summary administration: at any time prior to entry of the order of summary administration.
- (4)Disposition without administration: at the time of filing the application for disposition without administration.
- (5)Determination of beneficiaries: at any time prior to entry of the final judgment determining beneficiaries.
- (6)Determination of protected homestead: at any time prior to entry of the final judgment determining protected homestead status of real property.
- (7)Probate of will without administration: at any time prior to entry of the order admitting will to probate.
- (1)
- (b)Waiver. On verified petition by the personal representative, if any, or the petitioner the court may enter an order dispensing with this rule, without notice or hearing.
- (c)Authority to Require Filing. The court may, without notice or hearing, enter an order requiring the personal representative, if any, or the petitioner to file a copy of an official record of death at any time during the proceedings.
Notes
Committee Notes
A short form certificate of death, which does not disclose the cause of death, should be filed.
Rule History
- 1980
- This rule is intended to provide a uniform procedure for filing an official record of death in any judicial or statutory proceeding upon the death of a decedent. The court may, upon ex parte application, waive compliance with this rule or require filing at any stage in the proceedings.
- 1984
- Captions and minor editorial changes. Committee notes revised.
- 1988
- Editorial and substantive changes. Adds (a)(8) to require filing when will is admitted to probate without administration of the estate or an order disposing of property. Committee notes revised.
- 1992
- Editorial changes. Committee notes revised. Citation form changes in committee notes.
- 2002
- Replaces “homestead” with “protected homestead” in (a)(7) to conform to addition of term in section 731.201(29), Florida Statutes. Committee notes revised.
- 2003
- Revises subdivision (a)(1) to change notice of administration to notice to creditors. Deletes subdivision (a)(3) referring to family administration, and renumbers subsequent subdivisions. Committee notes revised.
- 2010
- Committee notes revised.
References
Statutory References
- § 28.222(3)(g), Fla. Stat. Clerk to be county recorder.
- § 382.008(6), Fla. Stat. Death and fetal death registration.
- § 731.103, Fla. Stat. Evidence as to death or status.
- § 733.2121, Fla. Stat. Notice to creditors; filing of claims.
Rule References
- Fla. Prob. R. 5.042(a) Time.
- Fla. Prob. R. 5.171 Evidence of death.
- Fla. Prob. R. 5.241 Notice to creditors.
