Detailed Answer
Under Florida law, you must submit a certified copy of the decedent’s death certificate to open a probate estate. Florida Statutes §733.602(3) requires that “a certified copy of the death certificate of the decedent must accompany the petition for administration.” Read §733.602(3). Similarly, Florida Statutes §735.201(3) mandates a certified copy of the death certificate for summary administration. Read §735.201(3). An obituary does not satisfy these statutory requirements as it lacks official certification and chain-of-custody controls.
An obituary is a secondary source summarizing known facts, typically published by newspapers or funeral homes. Probate courts consider it insufficient proof. If you lack the death certificate, file for a delayed certificate under Florida Statutes §382.016(4). Read §382.016(4). The Department of Health may register a death posthumously, provided you supply necessary documentation such as medical records, affidavits of attending physicians, or other supporting evidence. Once obtained, submit the certified delayed certificate with your probate petition.
In limited circumstances, and at the court’s discretion, you may submit an affidavit explaining the unavailability of the death certificate and request acceptance of secondary evidence. Florida Probate Rule 5.030(c) allows courts to admit secondary evidence when original records are unavailable despite reasonable diligence. However, reliance on this exception is risky and less common.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney or the Florida Department of Health for guidance specific to your situation.
Helpful Hints
- Obituary vs. death certificate: Obituaries lack official certification.
- Obtain a delayed certificate through the Florida Department of Health under Florida Statutes §382.016.
- Gather supporting documents: medical records, witness affidavits, funeral home statements.
- Consult Florida Probate Rule 5.030(c) for secondary evidence exceptions.
- Contact the probate clerk’s office to confirm filing requirements before petition submission.
- Consider consulting a probate attorney for complex cases or when death certificates are delayed.