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.

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.