In short: In Florida, anyone can order a certified death certificate without the cause of death. A copy with the cause of death is confidential for 50 years and is available only to the spouse or parent, an adult child, grandchild, or sibling, someone who shows an interest in the estate through a will, insurance policy, or similar document, a person acting for one of them, certain agencies, or someone with a court order (§ 382.025(2)). Families typically need several certified copies to settle an estate.
Matt went down what he calls a “rabbit hole” on death certificates after a caller couldn’t get a hospital to confirm whether her grandmother had died. After nearly 30 years of probate practice, he found there was more to it than most people, including lawyers, realize.
Why It Matters
The death certificate is the key to everything after a death. Matt calls it “the keys to the kingdom”:
- POD and TOD beneficiaries use it to claim accounts.
- Life insurers and retirement plans require it.
- Recording one can transfer real estate held jointly or under a lady bird deed.
- The probate court needs it to open the estate.
Two Versions
Florida issues certified copies with and without the cause of death. Under § 382.025(2)(a):
- Anyone may get a certified copy without the confidential portions, which include the cause of death.
- With the cause of death, a copy goes only to:
– the decedent’s spouse or parent – an adult child, grandchild, or sibling – “any person who provides a will … insurance policy, or other document that demonstrates his or her interest in the estate” – a person acting on behalf of any of those people – government agencies with department approval, and – anyone with a court order
The cause of death becomes public “50 years after the date of death” (§ 382.025(2)(b)).
How the Certificate Gets Created
The funeral director files the death certificate with the local registrar, and the attending physician or medical examiner certifies the cause of death (Chapter 382). Delays in the medical certification are a common reason families wait for certified copies.
How Many Copies?
Count every institution: each bank and brokerage, each insurer, each retirement plan, the probate court, and the county recorder for real estate. Some only need the version without cause of death; insurers often want the cause. Ordering several at the start saves weeks.
Finding Out Whether Someone Died
If you’re estranged or out of state and a hospital won’t talk to you, death records, obituaries, and the clerk’s probate records are the places to start. If you have an interest in a possible estate, a caveat in the right county gets you notice. See finding out if probate was opened.
Watch: the videos behind this article
Florida Death Certificates Explained
The Most Searched Questions About Death Certificates in Florida
Go Deeper
- Florida Probate Process Step by Step
- Bank Account Frozen After Death in Florida? How to Get Access to a Loved One’s Accounts
- What Happens If Probate Is Never Opened in Florida? Heir Property, Title Problems, and Late Probate
- How to Avoid Probate in Florida (and the POD Trap)
Frequently Asked Questions
Who can get a death certificate with the cause of death in Florida?
The decedent’s spouse or parent; an adult child, grandchild, or sibling; any person who provides a will, insurance policy, or other document showing an interest in the estate; someone acting on behalf of one of those people; certain government agencies; and anyone with a court order (§ 382.025(2)(a)).
Are Florida death certificates public record?
Partly. Anyone can obtain a certified copy without the confidential portions, including the cause of death. The cause of death becomes public 50 years after the date of death (§ 382.025(2)(b)).
How many death certificates do I need to settle an estate in Florida?
Often several: one for each bank, brokerage, insurer, and retirement plan, plus the probate court and real estate records. Ask whether each institution needs a version with or without the cause of death.
Where do I order a death certificate in Florida?
From the Florida Department of Health’s Bureau of Vital Statistics or a county health department office, usually through the funeral home at first, and later in person, by mail, or through the state’s authorized online vendor.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
