When a loved one disappears—especially in maritime accidents like the Jack Levine case—Florida families face a painful legal limbo. Without a body, accessing life insurance, probating assets, or even obtaining a death certificate becomes a battle. This guide explains how to navigate Florida probate for missing persons, including how to petition for a presumptive death declaration under Florida law.
Florida Probate for Missing Persons: What Families Need to Know
When someone disappears at sea, the emotional toll on families is devastating—and the legal complexities that follow can be equally overwhelming. The case of missing diver Jack Levine in Pompano Beach reminds us how fragile life can be. In this article, I’ll explain what families can do under Florida law when a loved one is presumed dead, particularly in maritime tragedies.
Real Case Example – Lost at Sea and Locked Out of Probate
A man goes diving off the coast of Pompano Beach. Hours later, his boat is recovered, but he never resurfaces. Despite an extensive Coast Guard search, no body is found. His wife cannot access life insurance, transfer jointly owned property, or initiate probate. She doesn’t even have a death certificate.
Florida Probate Law After a Disappearance – What You Need to Know
1. Legal Framework in Florida
- Florida Statute §731.103(3): Presumption of death after 5 years, unless specific peril justifies earlier declaration.
- Florida Statute §382.012: Court-ordered presumptive death certificates.
- Florida Statute §733.209: Personal Representative cannot be appointed until death is declared.
2. Key Steps for Families
- File a Petition for Presumptive Death: In the circuit court where the missing person resided.
- Present Evidence: Diligent search, Coast Guard reports, news coverage, and affidavits.
- Obtain Court Order & Death Certificate: The judge signs both the order and cause-of-death line.
- Initiate Probate: With death certificate, surviving family can now access assets.
3. Legal and Emotional Hurdles in Florida Probate Without a Body
- Insurance Delays: Some providers may contest claims without a physical body.
- Property Issues: Real estate cannot be sold or refinanced until death is confirmed.
- Family Disputes: Absence of estate planning documents can lead to conflicts.
4. Florida Estate Planning Tips in Case of Disappearance
- Name beneficiaries and backup Personal Representatives.
- Consider a living trust with co-trustees.
- Use joint ownership or POD/TOD designations when possible.
- Keep records of emergency contacts and digital assets.
Helping Families Navigate Florida Probate After a Disappearance
I’ve walked families through the pain of uncertainty. I’ve helped daughters file petitions to declare a father lost at sea, and supported spouses struggling to hold onto their home while waiting for court approval. I always remind clients: even if the law moves slowly, we can move with intention and compassion.
We work case by case, person by person—because every family’s story matters. In times of emotional turmoil, clear legal guidance can be a stabilizing force. You don’t have to face the courts or paperwork alone. My role is to carry some of that burden, so you can focus on your healing.
If you’re dealing with the loss—or presumed loss—of a loved one in Florida, I’m here to help you take the next step.
Author’s Note
This work is deeply personal for me. I’ve seen how legal delays compound emotional trauma. That’s why I offer more than legal solutions—I offer peace of mind. My goal is to help you find clarity in the law, so you can focus on healing.
Legal Disclaimers
This article is for informational purposes only and does not create an attorney-client relationship. The only way to create an attorney-client relationship with me is to receive a signed writing from me saying I am accepting to become your attorney.
Contact Me About Florida Probate for a Missing or Lost Loved One
You have three ways to get in touch with me:
- ☎️ Call me at (305) 634-7790
- ✉️ Email me at JO@JOValentino.com
- 📅 Fill out the contact form at www.JOValentino.com/contact
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