Florida Statute 49.041
“Sworn statement, natural person as defendant”
What it means
Constructive service — notice by newspaper instead of a process server — is available only after the plaintiff swears to a real search. The sworn statement must show three things: that diligent search and inquiry were made to discover the person's name and residence, set out as particularly as the affiant knows them; whether the person is over or under 18, or that the age is unknown; and that the residence is either unknown, in some other state or country, or in Florida but the person has been absent more than 60 days or is concealing themselves so process cannot be served.
- The affidavit must swear that diligent search and inquiry were made for the person's name and residence, stated as particularly as known.
- It must state whether the defendant is over or under 18 years of age, or that the age is unknown.
- It must place the residence in one of three boxes: unknown, outside Florida, or in-state but absent more than 60 days or concealed.
- Without this sworn statement, service by publication under §49.10 is not available.
How it plays out
Missing heirs are how this statute walks into a probate. Before a court lets an estate proceed against someone nobody can locate, the search has to be documented — people-finder databases, last known employers, family interviews, letters to old addresses — because 'diligent search and inquiry' is a fact we swear to, not a phrase. A thin affidavit invites the worst outcome: a judgment attacked later by the very heir who finally surfaces.
Questions people ask
