What it means
Rule 5.171 states what proves a death in a proceeding under the probate rules. An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred, or by an official or agency of the United States, is prima facie proof of the fact, place, date, and time of death and the identity of the decedent.
A copy of a record or report of a governmental agency, domestic or foreign, that a person is dead, alive, missing, detained, or presumed dead from the facts related is prima facie evidence of the status, dates, circumstances, and places it discloses. A person absent from the last known domicile for a continuous 5 years, whose absence is not satisfactorily explained after diligent search and inquiry, is presumed dead, with death presumed at the end of the period unless evidence shows an earlier date. The committee notes say the rule implements § 731.103 and adds certificates issued by United States officials or agencies.
- An authenticated death certificate from the place of death is prima facie proof of the fact, place, date, and time of death and the decedent's identity (Rule 5.171(a)).
- A certificate issued by an official or agency of the United States also qualifies; § 731.103(1) names only the place of death (Rule 5.171(a); § 731.103(1)).
- A record or report of a domestic or foreign governmental agency that a person is dead, alive, missing, detained, or presumed dead is prima facie evidence of what it discloses (Rule 5.171(b)).
- A continuous 5 year absence from the last known domicile, not satisfactorily explained after diligent search and inquiry, creates a presumption of death (Rule 5.171(c)).
- Death is presumed to have occurred at the end of the 5 year period unless evidence establishes an earlier date (Rule 5.171(c)).
- Section 731.103(3) adds that evidence of exposure to a specific peril of death can support a finding of death in under 5 years (§ 731.103(3)).
Text of the rule (2026)
(a) Death Certificate. An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred or by an official or agency of the United States is prima facie proof of the fact, place, date, and time of death and the identity of the decedent.
(b) Other Records. A copy of any record or report of a governmental agency, domestic or foreign, that a person is dead, alive, missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status, dates, circumstances, and places disclosed by the record or report.
(c) Extended Absence. A person who is absent from the place of that person’s last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed 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.
Excerpts are the subsections the summary relies on. Read the full official text of Rule 5.171.
History. 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes.
How it applies
Rule 5.171 governs proof of death in proceedings under the probate rules; filing a copy of the official record of death is governed separately by rule 5.205. A death certificate that meets subdivision (a) is prima facie proof of the fact, place, date, and time of death and the decedent's identity. For a disappearance, the presumption in subdivision (c) depends on a continuous 5 year absence and a diligent search and inquiry. Section 731.103(4) preserves proof of death by direct or circumstantial evidence before the 5 years run, and § 731.103(3) specifies the county where the petition is filed.
Questions people ask
Sources
- Florida Probate Rules, Rule 5.171 (The Florida Bar) ("prima facie proof of the fact, place, date, and time of death" (Rule 5.171(a)).)
- Florida Probate Rules, October 15, 2026 edition (PDF) (Text of Rule 5.171 and committee notes.)
- Florida Statutes § 731.103 (Statute the rule implements; "presumed to be dead" after a "continuous period of 5 years" (§ 731.103(3)).)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.