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Chapter 382 — Vital Statistics & Death Records

Florida Statute 382.012

“Presumptive death certificate”

What it means

“Presumptive death” means a determination by a court of competent jurisdiction that a death of a Florida resident has occurred or is presumed to have occurred, or that a death of a nonresident has occurred or is presumed to have occurred in Florida, but the body has not been located or recovered (subsection (1)).

The department files a presumptive death certificate when ordered by a court of competent jurisdiction. On a presumptive certificate, the medical certification of cause of death is signed by the judge issuing the order. A petitioner must include in the petition all information necessary to complete the certificate ((2)).

— What it says
  • “Presumptive death” is a court determination that a death occurred or is presumed to have occurred, but the body has not been located or recovered (§ 382.012(1)).
  • It covers a Florida resident, and a nonresident who died or is presumed to have died in Florida (§ 382.012(1)(a)-(b)).
  • The department files the certificate when ordered by a court of competent jurisdiction (§ 382.012(2)).
  • The judge signs the medical certification of cause of death (§ 382.012(2)).
  • The petition must include all information necessary to complete the certificate (§ 382.012(2)).

Text of the statute (2026)

§ 382.012(1)
(1) “Presumptive death” means a determination by a court of competent jurisdiction that: (a) A death of a resident of this state has occurred or is presumed to have occurred, but the body of the person involved has not been located or recovered; or (b) A death of a nonresident of this state has occurred or is presumed to have occurred in this state, but the body of the person involved has not been located or recovered.
§ 382.012(2)
(2) The department shall file a presumptive death certificate when ordered by a court of competent jurisdiction. In case of a presumptive death certificate, the medical certification of cause of death must be signed by the judge issuing the court order. A petitioner seeking a presumptive death certificate must include in the petition before the court all information necessary to complete the presumptive death certificate.

Excerpts are the subsections the summary relies on. Read the full official text of § 382.012.

History. s. 10, ch. 87-387; s. 95, ch. 97-237.

— In a Florida probate

How it applies

A presumptive death certificate depends on a court determination first. In proceedings under the Florida Probate Code, § 731.103(3) presumes a person dead after a continuous absence of 5 years from the place of last known domicile that is not satisfactorily explained after diligent search and inquiry, and § 731.103(4) allows death to be established earlier by direct or circumstantial evidence. Section 382.012(2) then directs the department to file the certificate when a court orders it. The petition must supply the information needed to complete the certificate.

Questions people ask

How do you get a death certificate in Florida when the body was never found?
Under § 382.012, a court of competent jurisdiction determines that the death occurred or is presumed to have occurred, and the Department of Health files a presumptive death certificate when ordered by the court. The judge signs the medical certification of cause of death.

Sources

  • Fla. Stat. § 382.012 (“The department shall file a presumptive death certificate when ordered by a court of competent jurisdiction.”)
  • Fla. Stat. § 731.103 (A person absent from the place of last known domicile for 5 years, without satisfactory explanation after diligent search and inquiry, is presumed dead.)

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 382.012

Published by the Probate.Help editorial team.How these pages are written and checked.

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