Using an Obituary to Open an Estate in Arkansas When the Death Certificate Is Unavailable

Disclaimer: This article provides general information on Arkansas law and is not legal advice. Consult a licensed attorney or the probate court for guidance on your specific situation.

Detailed Answer

Under Arkansas probate law, a certified death certificate is the primary proof of death a court requires before issuing letters of administration or testamentary letters. See Ark. Code Ann. § 28-42-101(a) (linking to court requirements). If the death certificate is delayed—because the death occurred out of state, a delayed filing, or a missing registrar’s file—you may still petition the probate court, but you must explain why the certified certificate isn’t yet available.

In practice, probate clerks often accept temporary or alternative proofs to establish death. An obituary can serve as one piece of supporting evidence alongside:

An affidavit from the funeral home or funeral director stating they handled the remains.
An affidavit from someone with personal knowledge of the death (Ark. Code Ann. § 28-42-201(a)).
Medical records or hospital discharge summary with a cause of death.

To use an obituary effectively:

File a petition for probate in the relevant county court. Under Ark. Code Ann. § 28-42-101(b), attach a statement explaining the absence of the death certificate and date when you expect to receive it.
Include the obituary as Exhibit A, clearly highlighting the publication date, print or digital archive, and name of the newspaper or website.
Attach one or more affidavits from witnesses or professionals who can confirm the decedent’s passing. This helps satisfy the court’s duty to verify the death under Ark. Code Ann. § 28-42-103.
Request an order allowing provisional issuance of letters pending the certified death certificate. Many county clerks will issue “limited letters” conditional on filing the certificate within 30–60 days.

If the death certificate remains unavailable after the provisional period, contact the Arkansas Department of Health to obtain a delayed or amended certificate. Ark. Code Ann. §§ 20-18-301 to 20-18-306 outline the process for delayed registration of vital events. You can also petition the probate court for an order finding death after notice to interested parties under Ark. Code Ann. § 28-42-204(c).

Helpful Hints

Contact your county’s probate clerk early to learn local filing procedures.
Gather multiple forms of proof (obituary, affidavits, medical records) to strengthen your petition.
Use archived copies of the obituary if the original newspaper link expires.
Explain any delays in obtaining the death certificate and provide a timeline.
Consider hiring a probate attorney for complex estates or contested submissions.