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Chapter 733 — Administration of Estates

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.

— What it says
  • 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)

§ 733.209
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.

— In a Florida probate

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.

Questions people ask

How long before a missing person is declared dead in Florida?
A person absent from the last known domicile for 5 continuous years, with the absence unexplained after diligent search and inquiry, is presumed dead under section 731.103(3). Exposure to a specific peril can support an earlier finding.
Can an estate be opened for a missing person in Florida?
A petition may be filed, but no personal representative can be appointed until the court determines the missing person is dead (Florida Statute 733.209).

Sources

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 § 733.209

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

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