Fla. Prob. R. 5.205

As amended through March 26, 2024

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.

(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.

FL. Prob. R. 5.205

Amended by 50 So.3d 578, effective 1/1/2011; amended by 848 So.2d 1069, effective 6/19/2003; amended by 824 So.2d 849, effective 5/2/2002; amended by 531 So.2d 1261, effective 1/1/1989; added by 387 So.2d 949, effective 1/1/1981.

Committee Notes

A short form certificate of death, which does not disclose the cause of death, should be filed.

Rule History

1980 Revision: 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 Revision: Captions and minor editorial changes. Committee notes revised.

1988 Revision: 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 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes.

2002 Revision: 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 Revision: 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 Revision: Committee notes revised.

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.