Detailed Answer
In Colorado, anyone seeking to open an estate must file a petition for probate in the district court of the county where the decedent lived, per the Colorado Probate Code (Title 15, C.R.S.). One of the petition’s key requirements is proof of the decedent’s death. Typically, the court demands a certified copy of the death certificate, which serves as primary proof of death.
Primary vs. Secondary Proof
Primary proof: A certified death certificate issued by the state’s vital records office. Colorado courts rely on this document to confirm identity, date, and cause of death before appointing a personal representative (C.R.S. § 15-10-304).
Secondary proof: If you cannot obtain a death certificate after diligent effort, Colorado probate judges have discretion to accept alternative evidence. This may include published obituaries, funeral home records, coroner’s reports, hospital discharge papers, or affidavits from witnesses who attended the funeral or burial.
Using an Obituary as Secondary Evidence
Obituaries alone rarely constitute definitive proof. However, when a death certificate is unavailable—for example, if the death occurred overseas or records are delayed—the court may consider an obituary as corroborating evidence alongside other documents or sworn statements. The process generally involves:
- Documenting your efforts to obtain the death certificate (written requests, phone logs, or email confirmations from the vital records office).
- Collecting the obituary from a reputable newspaper or its online archive, showing the publication date and the decedent’s identifying details.
- Supplementing the obituary with at least one additional form of proof, such as a funeral home invoice or an affidavit from a family member or funeral director.
- Filing a motion or affidavit under oath explaining why you cannot obtain a certified death certificate and asking the court to accept secondary evidence.
If the court finds your secondary evidence credible and your showing of diligence sufficient, it may grant probate and appoint you or another personal representative to manage the estate.
Helpful Hints
- Begin your inquiry with the Colorado Department of Public Health & Environment’s Vital Records Unit early—processing can take weeks.
- Keep detailed records of all communications with government agencies and funeral homes.
- Use court-approved forms when filing your probate petition; most Colorado counties publish them online.
- Consult the local probate clerk’s office for county-specific filing fees and deadlines.
- If possible, combine an obituary with at least one other secondary proof to strengthen your petition.
Disclaimer
This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.