Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
Under Alabama law, a certified death certificate is the primary proof of death required to open probate. See Code of Ala. 1975, § 43-2-31 (link). Probate courts rely on the death certificate to confirm the decedent’s identity and date of death.
If a death certificate is unavailable—due to loss, out-of-state death, or processing delays—the court may accept secondary evidence. An obituary alone generally falls short. To strengthen your petition, pair an obituary with at least one of the following:
- An affidavit from a family member, health-care provider, or funeral director with firsthand knowledge of the death;
- Medical or hospital records indicating the date of death;
- A letter on funeral home letterhead confirming arrangements;
- An official online obituary with publication metadata to verify authenticity.
When you file your petition for letters of administration or testamentary, include all available secondary evidence and explain why a death certificate cannot be obtained. The probate judge will evaluate this under Code of Ala. 1975, § 43-2-23 (link) and may hold a hearing. If the judge deems the combined proof credible, the court can grant probate without a formal death certificate.
However, relying solely on an obituary can trigger delays or outright denial. Always request a certified death certificate from the Alabama Department of Public Health (Vital Records Division) before seeking secondary proof.
Helpful Hints
- Submit a formal request for the death certificate early to avoid probate delays.
- Collect multiple forms of secondary evidence to back up the obituary.
- Include a clear affidavit explaining why the death certificate is unavailable.
- Be prepared to call a witness for an in-court affidavit or testimony.
- Consider consulting a probate attorney if the court challenges your evidence.