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Florida Statute 731.103 | Lawyer Caselaw & Research
F.S. 731.103 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 731.103

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 731
PROBATE CODE: GENERAL PROVISIONS
View Entire Chapter
F.S. 731.103
731.103 Evidence as to death or status.In proceedings under this code and under chapter 736, the following additional rules relating to determination of death and status are applicable:
(1) An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date, and time of death and the identity of the decedent.
(2) A copy of any record or report of a governmental agency, domestic or foreign, that a person is alive, missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(3) A person who is absent from the place of his or her last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed to be dead. The person’s death is presumed to have occurred at the end of the period unless there is evidence establishing that death occurred earlier. Evidence showing that the absent person was exposed to a specific peril of death may be a sufficient basis for the court determining at any time after such exposure that he or she died less than 5 years after the date on which his or her absence commenced. A petition for this determination shall be filed in the county in Florida where the decedent maintained his or her domicile or in any county of this state if the decedent was not a resident of Florida at the time his or her absence commenced.
(4) This section does not preclude the establishment of death by direct or circumstantial evidence prior to expiration of the 5-year time period set forth in subsection (3).
History.s. 1, ch. 74-106; s. 2, ch. 75-220; s. 946, ch. 97-102; s. 1, ch. 2003-154; s. 27, ch. 2006-217.
Note.Created from former s. 734.34.

F.S. 731.103 on Google Scholar

F.S. 731.103 on Casetext

Amendments to 731.103


Arrestable Offenses / Crimes under Fla. Stat. 731.103
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 731.103.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ANDREWS, v. ESTATE OF ANDREWS,, 149 So. 3d 760 (Fla. Dist. Ct. App. 2014)

. . . Section 731.103(3), Florida Statutes (2013), provides that: A person who is absent from the place of . . . Section 731.103(3) creates a presumption of death after the person has been absent for five years. . . . Section 731.103(3) “is merely a procedure by which the Legislature has provided a method to judicially . . . In applying section 731.103(3), the standard of proof is “ ‘[whether] the circumstantial evidence amounts . . . See § 731.103(3), Fla. Stat. (2013). . . .

NATIONAL TREASURY EMPLOYEES UNION, v. FEDERAL LABOR RELATIONS AUTHORITY,, 754 F.3d 1031 (D.C. Cir. 2014)

. . . . § 731.103(g). . . . See 5 C.F.R. § 731.103(a). . . . the IRS must conform to OPM policies and standards in making suitability determinations, see id. § 731.103 . . . in examination or appointment” and of a case “involving a refusal to furnish testimony,” 5 C.F.R. § 731.103 . . . See 5 C.F.R. § 731.103(g) (OPM retains jurisdiction over "all suitability cases involving a refusal to . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 731.103, Fla. Stat. Evidence as to death or status. § 733.2121, Fla. Stat. . . .

M. NELSON v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION,, 568 F.3d 1028 (9th Cir. 2009)

. . . . § 731.103(a) (“[The U.S. . . .

IYER, v. DEPARTMENT OF TREASURY,, 263 F. App'x 901 (Fed. Cir. 2008)

. . . . § 731.103(a). Therefore, Mr. . . .

MARSHALL v. HQM OF WINTER PARK, LLC,, 959 So. 2d 1207 (Fla. Dist. Ct. App. 2007)

. . . .” § 731.103(1), Fla. Stat. (2007). . . .

L. COTTON, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA,, 391 F. Supp. 2d 1137 (N.D. Fla. 2005)

. . . .” § 731.103(3) Fla. Stat. (2004). . . .

GREAT SOUTHERN LIFE INSURANCE CO. v. PORCARO, D., 869 So. 2d 585 (Fla. Dist. Ct. App. 2004)

. . . Co., 773 F.2d 1158 (11th Cir.1985) (holding section 731.103, Florida Statutes, providing for prima facie . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . Statutory References § 731.103, Fla. Stat. Evidence as to death or status. § 733.212, Fla — Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . Statutory References § 731.103, Fla. Stat. Evidence as to death or status. § 733.212, Fla. Stat. . . .

A. BEAN, v. DEPARTMENT OF THE AIR FORCE,, 33 F. App'x 517 (Fed. Cir. 2002)

. . . . § 731.103(d). Id. . . . jurisdiction over what she considered to be a negative suitability determination pursuant to 5 C.F.R. § 731.103 . . .

M. MALONE, v. UNITED STATES POSTAL SERVICE,, 28 F. App'x 936 (Fed. Cir. 2001)

. . . . § 731.103(d) (2001); Edwards v. Dep’t of Justice, 86 M.S.P.R. 365, 367 (2000). . . .

WOODS, v. ESTATE WOODS,, 681 So. 2d 903 (Fla. Dist. Ct. App. 1996)

. . . Believing that section 731.103, Florida Statutes (1995), precluded the court from declaring Mr. . . . Woods promptly sought to have her husband declared dead pursuant to sections 731.103 and 733.209, Florida . . . Woods dead, concluding that section 731.103(3) prevented it from doing so until five years after Mr. . . . occurred at the end of the period unless there is evidence establishing that death occurred earlier. § 731.103 . . . Section 731.103(3) provides for that presumption to arise after only five years’ unexplained absence. . . .

HOPPER, J. Jr. v. DEPENDABLE LIFE INSURANCE CO., 615 So. 2d 263 (Fla. Dist. Ct. App. 1993)

. . . See § 731.103(3), Fla.Stat. (1983). . . . is absent from his or her last known domicile for five years, that person is presumed to be dead. § 731.103 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Committee Notes This rule represents a rule implementation of the procedure found in 5⅛_ section 731.103 . . . Statutory References 3¾§4 731.103, Fla.Stat. Evidence as to death or status. § 744.521, Fla.Stat. . . . Statutory References RSr§ 731.103, Fla.Stat. Evidence as to death or status. § 733.212, Fla.Stat. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . Committee Notes This rule represents a rule implementation of the procedure found in F.S. 731.103. . . . Statutory Reference F.S. 731.103 Evidence as to death or status. . . . Statutory Reference F.S. 731.103 Evidence as to death or status. Rule References FPR 5.042(a) Time. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . Committee Notes This rule represents a rule implementation of the procedure found in F.S. 731.103. . . . Statutory Reference F.S. 731.103 Evidence as to death or status. . . . Statutory Reference F.S. 731.103 Evidence as to death or status. Rule References FPR 5.042(a) Time. . . .

BRANCA, a a BRANCA, v. SECURITY BENEFIT LIFE INSURANCE COMPANY, a, 773 F.2d 1158 (11th Cir. 1985)

. . . The Brancas rely on this statutory language: 731.103 Evidence as to death or status In proceedings under . . . If we assume that the Argentine decree qualifies as prima facie evidence under section 731.103(2), we . . . We think it is quite clear that section 731.103 makes the general civil rules of evidence applicable . . . is not one of the “proceedings under this code” to which the evidentiary rule established in section 731.103 . . . FLA.STAT.ANN. § 731.103 (West 1984). . FLA.STAT.ANN. § 731.005 (West 1984). . . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . Statutory Reference F.S. 731.103 Evidence as to death or status. Rule 5.210. . . .

THE FLORIDA BAR. In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 387 So. 2d 949 (Fla. 1980)

. . . Statutory Reference: FPC 731.103, evidence as to death or status. RULE 5.340. . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . Committee Note: This is a new rule and is the same as FPC 731.103. RULE 5.175. . . .