Prima facie

What it means

Statutes frequently say a document is prima facie evidence of something — a death certificate of the death, a title of ownership, an affidavit of the facts sworn in it.

It means the document is sufficient on its own, and shifts the work onto anybody who disputes it.

It is not conclusive. A prima facie showing can be displaced by better evidence, which is why a title in one name does not settle a genuine dispute about ownership.

Why it matters

It is why a certified copy carries weight that a photocopy does not, and why an affidavit does so much work in simplified procedures.

It also sets the expectation correctly: producing the document usually ends the question, and does not always.

When you are likely to meet it

• When a statute says a document is prima facie evidence.
• When an agency accepts a document without further proof.
• When somebody disputes what a document appears to establish.

Related terms

• AffidavitA written statement you sign swearing it is true, usually in front of a notary.
• Certificate of titleThe state-issued document that proves who owns a vehicle — and whose issuing state decides the procedure after a death.
• Certified copyA copy issued by the office that holds the original, carrying a seal or stamp that says so. A photocopy is not one.
• Death certificateThe official record of a death, issued by a state or local vital records office, and the document nearly every organization will ask to see.
• Small-estate affidavitA sworn statement a state allows instead of a full probate case for an estate under its ceiling. What it is called, what it reaches and whether a court is involved differ by state.

Sahvelo guidance that uses this

• Death certificates