Florida Statute 382.012
“Presumptive death certificate”
What it means
When a person dies but the body is never located or recovered — a drowning, a disappearance at sea, a disaster — Florida still has a way to issue the one document every institution demands. Under §382.012, the Department of Health files a presumptive death certificate when ordered by a court of competent jurisdiction.
The mechanics run through the courthouse rather than a physician: the petitioner must include in the petition all information necessary to complete the certificate, and the medical certification of cause of death is signed by the judge who issues the order. The resulting certificate functions like any other death certificate for banks, insurers, title companies, and the Social Security Administration.
- The Department of Health files the certificate on the order of a court of competent jurisdiction.
- Built for deaths where the body is not located or recovered.
- The judge signs the medical certification of cause of death on the presumptive certificate.
- The petition must carry all information needed to complete the certificate — names, dates, and the facts of the death.
How it plays out
A missing-person estate runs in two steps, and this statute is the second. First a court determines the death under the Probate Code — §731.103 governs how presumption and proof work. Then §382.012 turns that ruling into paper: a certificate the bank, the life insurer, and the title company will actually accept, because none of them act on a court file they have never read. When we handle a disappearance, we draft the petition with the certificate's data fields in mind from day one, so the order supports the document the family actually needs.
Where this shows up
Pages on this site where § 382.012 does real work:
Questions people ask
