IN RE: AMENDMENTS TO FLORIDA PROBATE 5.171 AND 5.205. (2026)

The Florida Bar's Probate Rules Committee filed a report proposing amendments to Florida Probate Rules 5.171 (Evidence of Death) and 5.205 (Filing Evidence of Death).¹ The Court published the proposed amendments for comment, and one comment was received. The Committee filed a response, revising its proposal in light of the comment. We adopt the amendments as revised by the Committee and discuss the more significant amendments below.

First, we delete rule 5.171 in its entirety as it simply reiterates section 731.103, Florida Statutes. Next, to clarify that a death certificate is not required to open a formal administration of an estate, we revise rule 5.205(a) (Requirements for Filing) by deleting the specific requirement that a copy of an official death record must be filed by the personal representative and replace it with the requirement that evidence of the death under section 731.103, Florida Statutes, must be filed within the time specified under the rule. Additionally, we revise rule 5.205(c) by retitling it “No Authority to Require Early Filing” and rewrite the subdivision to clarify that a “court may not require the filing of an official record of death at any time earlier than otherwise required by this rule, unless there is reasonable cause to believe the decedent is alive.”

Accordingly, the Florida Probate Rules are amended as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments become effective January 1, 2027, at 12:01 a.m.

It is so ordered.

APPENDIX

FOOTNOTES

1.   We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).

PER CURIAM.

COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS, BARRIOS, and TANENBAUM, JJ., concur.