Florida Statute 731.103 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 731
PROBATE CODE: GENERAL PROVISIONS

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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.

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Amendments to 731.103

Annotations, Discussions, Cases:

Cases Citing Statute 731.103

Total Results: 15

Branca v. Security Benefit Life Insurance Company

773 F.2d 1158, 3 Fed. R. Serv. 3d 1269, 1985 U.S. App. LEXIS 23695

Court of Appeals for the Eleventh Circuit | Filed: Oct 15, 1985 | Docket: 271333

Cited 9 times | Published

decree qualifies as prima facie evidence under section 731.103(2), we must determine if the Brancas' action

Cotton v. Prudential Insurance Company of America

391 F. Supp. 2d 1137, 2005 U.S. Dist. LEXIS 28358, 2005 WL 1153363

District Court, N.D. Florida | Filed: May 2, 2005 | Docket: 2343486

Cited 3 times | Published

diligent search and inquiry is presumed to be dead." § 731.103(3) Fla. Stat. (2004). On March 2, 2000, Han-Sun

Great Southern Life Ins. Co. v. Porcaro

869 So. 2d 585, 2004 WL 360827

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 2518153

Cited 2 times | Published

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

Andrews v. Estate of Andrews

149 So. 3d 760, 2014 Fla. App. LEXIS 18175, 2014 WL 5781428

District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 60244008

Published

to declare his sister deceased pursuant to section 731.103(3), Florida .Statutes (2013). According to

In Re Amendments to the Florida Probate Rules

50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

Fla. Stat. Death and fetal death registration. § 731.103, Fla. Stat. Evidence as to death or status. §

Marshall v. HQM of Winter Park, LLC

959 So. 2d 1207, 2007 Fla. App. LEXIS 9019, 2007 WL 1647561

District Court of Appeal of Florida | Filed: Jun 8, 2007 | Docket: 64851474

Published

death as well as the identity of the decedent.” § 731.103(1), Fla. Stat. (2007). It does not constitute

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Committee notes revised. Statutory References § 731.103, Fla. Stat. Evidence as to death or status. §

Amendments to the Florida Probate Rules

824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Supreme Court of Florida | Filed: May 2, 2002 | Docket: 64817121

Published

Committee notes revised. Statutory References § 731.103, Fla. Stat. Evidence as to death or status. §

Woods v. Estate of Woods

681 So. 2d 903, 1996 Fla. App. LEXIS 11091, 1996 WL 603794

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 64768479

Published

cruise ship during a hurricane. Believing that section 731.103, Florida Statutes (1995), precluded the court

Hopper v. Dependable Life Insurance

615 So. 2d 263, 1993 Fla. App. LEXIS 2498, 1993 WL 64800

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 64694927

Published

that Mr. Hopper died on February 6, 1980. See § 731.103(3), Fla.Stat. (1983). Dependable moved for summary

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

implementation of the procedure found in 5⅛_ section 731.103, Florida Statutes. It is not intended to change

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

rule implementation of the procedure found in F.S. 731.103. It is not intended to change the effect of

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

rule implementation of the procedure found in F.S. 731.103. It is not intended to change the effect of

Branca v. Security Benefit Life Insurance

773 F.2d 1158

Court of Appeals for the Eleventh Circuit | Filed: Oct 15, 1985 | Docket: 66210922

Published

decree qualifies as prima facie evidence under section 731.103(2), we must determine if the Brancas’ action

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

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