Florida Statute 733.209
“Estates of missing persons”
What it means
Section 733.209 is one sentence: any interested person may petition to administer the estate of a missing person; however, no personal representative shall be appointed until the court determines the missing person is dead.
The section does not set the standard for finding death. Under § 731.103(3), a person absent from the place of last known domicile for a continuous period of 5 years, whose absence is not satisfactorily explained after diligent search and inquiry, is presumed to be dead. Evidence of exposure to a specific peril of death may support a finding of death in less than 5 years, and § 731.103(4) preserves proof of death by direct or circumstantial evidence before the 5 years end. Where the body has not been located or recovered, a court's determination of death supports a presumptive death certificate under § 382.012.
- Any interested person may petition to administer a missing person's estate (§ 733.209).
- No personal representative may be appointed until the court determines the missing person is dead (§ 733.209).
- Absence of 5 years from the last known domicile, unexplained after diligent search and inquiry, creates a presumption of death (§ 731.103(3)).
- Exposure to a specific peril of death can support a finding of death in less than 5 years (§ 731.103(3)).
- A court determination of death where the body is not located supports a presumptive death certificate (§ 382.012(1)-(2)).
Text of the statute (2026)
Any interested person may petition to administer the estate of a missing person; however, no personal representative shall be appointed until the court determines the missing person is dead.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.209.
History. s. 1, ch. 74-106; s. 93, ch. 2001-226.
How it applies
The section sets the order of steps. A petition may be filed first, but letters cannot issue until the court determines that the missing person is dead. That determination can rest on the 5-year presumption in § 731.103(3), on exposure to a specific peril, or on other direct or circumstantial evidence under § 731.103(4).
Where the body has not been located or recovered, § 382.012 provides for a presumptive death certificate filed when a court orders it, and the petition must include the information needed to complete the certificate.
Where this shows up
Pages on this site where § 733.209 does real work:
Questions people ask
Sources
- Fla. Stat. § 733.209 (Petition for a missing person's estate and the bar on appointment before a death determination.)
- Fla. Stat. § 731.103 (5-year presumption of death, specific peril, and proof before 5 years.)
- Fla. Stat. § 382.012 (Presumptive death certificate filed when ordered by a court.)
Last checked: October 17, 2026
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