Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under California law, courts require a certified death certificate to open a formal probate estate. California Probate Code section 8200 states that the first proof of death must be a certified copy of the decedent’s death certificate (Prob. Code §8200). An obituary by itself typically lacks the official validation the court requires.
If you can’t locate a certified death certificate, take one of these steps:
- Request a Delayed Registration: Under Health and Safety Code section 102056, you can file a delayed registration with the county registrar if the funeral home or hospital failed to submit the death certificate within one year of the death (HSC §102056).
- Petition for Alternative Proof: In a formal probate case, you may petition the probate court to accept secondary evidence such as an obituary, funeral home records or hospital records. You must file a declaration explaining why no death certificate exists and attach all available documents.
- Use a Small Estate Affidavit: If the decedent’s personal property total is under the California small estate limit (currently $184,500), you can use a summary procedure under Code of Civil Procedure section 13100 (CCP §13100). The affidavit must include the date of death, a description of the property and any evidence of death (e.g., an obituary) if a certificate is pending.
Courts view obituaries as secondary evidence. While an obituary can support your claim, it rarely replaces a certified death certificate on its own. Early action to secure an official certificate speeds estate administration and reduces court challenges.
Helpful Hints
- Contact the funeral home or hospital to request they file the death certificate immediately.
- Search online or visit the county vital records office to obtain certified copies.
- Keep detailed notes on your efforts to locate the death certificate in case you petition for alternative proof.
- Confirm the small estate threshold before using an affidavit procedure.
- Consult a probate attorney if you face deadlines or potential objections from heirs.