As Philip Bernstein who writes the New York Probate Litigation Blog pointed out in a post which can be viewed here. While the death certificate is evidence of death collateral evidence which conflicts with the death certificate can be challenged. In a New York case it was established to the court that while the death certificate did not provide that the decedent was married and had in fact been married and divorced subsequent to a prior marriage there had never been a divorce obtained and therefore the decedent was still married and would have the rights of a spouse.
This issue has arisen in Florida Probate disputes as well where the absence of a divorce is proven under similar facts. Given the rights of a spouse through an intestate share as well as elective share it is important to make sure that a proper divorce is followed through with or despite the intent of the decedent or lack of relationship for decades the law provides certain rights for that individual as a spouse.
On a related topic not addressed by the case but which has arisen is where a couple separates and dislikes one another with no intent of ever getting back together and at times decades go by without contact but then contrary to the intent of the decedent that individual still has all the rights of a wife absent a binding agreement to the contrary or divorce.
One additional related point is that if there is a subsequent divorce then all the financial provisions in the will are void absent a contrary intent. Florida Statute 732.507 provides that and can be seen here. Florida Trust Law has a similar provision. However transfer on death designations and insurance policies or contractual transfers are not automatically voided by a divorce and should be remembered to be changed upon a change in relationship and/or specifically changed in the divorce agreement. Upon divorce in Florida the court will look to provide an equitable distribution as provided by Florida statutes here.