What it means
Rule 5.171 says what proves a death. Rule 5.205 says when a copy of an official record of death must be filed, by the personal representative if there is one or by the petitioner. In an administration of the decedent's estate and in an ancillary proceeding, it is due not later than 3 months following the date of first publication of the notice to creditors.
Other proceedings set a different point. In summary administration it is due any time before the order of summary administration is entered. For disposition without administration it is due when the application is filed. For determination of beneficiaries or of protected homestead status it is due before the final judgment, and for probate of a will without administration it is due before the order admitting the will. On verified petition the court may dispense with the rule without notice or hearing, and the court may require the filing at any time without notice or hearing. The committee notes say a short form certificate that does not disclose the cause of death should be filed.
- Administration of the estate: file not later than 3 months after the date of first publication of the notice to creditors (Rule 5.205(a)(1)).
- Ancillary proceedings: the same 3 month deadline from first publication of the notice to creditors (Rule 5.205(a)(2)).
- Summary administration: file at any time before the order of summary administration is entered (Rule 5.205(a)(3)).
- Disposition without administration: file with the application (Rule 5.205(a)(4)).
- Determination of beneficiaries or protected homestead: file before the final judgment; will probated without administration: before the order admitting the will (Rule 5.205(a)(5)-(7)).
- The court may dispense with the rule on verified petition, or require the filing at any time, in each case without notice or hearing (Rule 5.205(b)-(c)).
Text of the rule (2026)
(a) Requirements for Filing. A copy of an official record of the death of a decedent shall be filed by the personal representative, if any, or the petitioner in each of the following proceedings and at the times specified: (1) Administration of decedent’s estate: not later than 3 months following the date of the first publication of the notice to creditors. (2) Ancillary proceedings: not later than 3 months following the date of first publication of notice to creditors. (3) Summary administration: at any time prior to entry of the order of summary administration. (4) Disposition without administration: at the time of filing the application for disposition without administration. (5) Determination of beneficiaries: at any time prior to entry of the final judgment determining beneficiaries. (6) Determination of protected homestead: at any time prior to entry of the final judgment determining protected homestead status of real property. (7) Probate of will without administration: at any time prior to entry of the order admitting will to probate.
(b) Waiver. On verified petition by the personal representative, if any, or the petitioner the court may enter an order dispensing with this rule, without notice or hearing.
(c) Authority to Require Filing. The court may, without notice or hearing, enter an order requiring the personal representative, if any, or the petitioner to file a copy of an official record of death at any time during the proceedings.
Excerpts are the subsections the summary relies on. Read the full official text of Rule 5.205.
History. 1980 Revision: This rule is intended to provide a uniform procedure for filing an official record of death in any judicial or statutory proceeding upon the death of a decedent. The court may, upon ex parte application, waive compliance with this rule or require filing at any stage in the proceedings. 1984 Revision: Captions and minor editorial changes. Committee notes revised. 1988 Revision: Editorial and substantive changes. Adds (a)(8) to require filing when will is admitted to probate without administration of the estate or an order disposing of property. Committee notes revised. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Replaces “homestead” with “protected homestead” in (a)(7) to conform to addition of term in section 731.201(29), Florida Statutes. Committee notes revised. 2003 Revision: Revises subdivision (a)(1) to change notice of administration to notice to creditors. Deletes subdivision (a)(3) referring to family administration, and renumbers subsequent subdivisions. Committee notes revised. 2010 Revision: Committee notes revised.
How it applies
The 3 month deadline in an administration or ancillary proceeding runs from the first publication of the notice to creditors, so the filing may follow the opening of the proceeding (Rule 5.205(a)(1)-(2)). In summary administration, the record of death must be on file before the order is entered (Rule 5.205(a)(3)). A court may excuse the filing on a verified petition (Rule 5.205(b)) or order it at any time (Rule 5.205(c)). The committee notes call for filing the short form certificate, which does not disclose the cause of death.
Where this shows up
Pages on this site where Rule 5.205 does real work:
Questions people ask
Sources
- Florida Probate Rules, Rule 5.205 (The Florida Bar) ("not later than 3 months following the date of the first publication of the notice to creditors" (Rule 5.205(a)(1)).)
- Florida Probate Rules, October 15, 2026 edition (PDF) (Text of Rule 5.205 and committee notes.)
- Florida Statutes § 733.2121 (Notice to creditors statute listed in the rule's statutory references.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.