Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a Connecticut probate attorney for advice specific to your situation.
Detailed Answer
Certified Death Certificate Requirement
Under Connecticut law, the Probate Court generally requires a certified copy of the decedent’s death certificate to open an estate. This requirement is set forth in Connecticut General Statutes §45a-150, which mandates that a record of death be filed with the court before probate proceedings can begin. Without this certified document, the court lacks the primary proof that the individual has died.
See CGS §45a-150: https://www.cga.ct.gov/current/pub/chap_801.htm#Sec45a-150
When the Death Certificate Is Unavailable
If you cannot obtain the official death certificate—due to record delays or other obstacles—you can petition the Probate Court to accept secondary evidence. Common alternatives include:
- An obituary published in a reputable local newspaper.
- An affidavit from a funeral director or cemetery.
- Witness testimony or sworn affidavits from family members or others with direct knowledge.
- Hospital or medical records showing date and cause of death.
Court’s Discretion to Admit Secondary Evidence
Under Connecticut General Statutes §45a-110, the Probate Court judge has broad authority to administer oaths and admit evidence deemed credible. You must file a petition explaining why the death certificate is unobtainable, attach any secondary proof, and request the judge’s approval to proceed.
See CGS §45a-110: https://www.cga.ct.gov/current/pub/chap_801.htm#Sec45a-110
Obtaining a Certified Death Certificate
Even if you secure Probate Court approval based on secondary evidence, you should continue efforts to obtain a certified death certificate through the Connecticut Office of Vital Records. State law requires the Public Health Commissioner to maintain central death records under Connecticut General Statutes §19a-36, and certified copies can be ordered online or by mail.
See CGS §19a-36: https://www.cga.ct.gov/current/pub/chap_368.htm#Sec19a-36
Helpful Hints
- Begin by contacting the town clerk or registrar’s office for certified death certificate information.
- If relying on an obituary, choose a source with a clear publication date and publisher identity.
- Gather multiple pieces of secondary evidence to strengthen your petition.
- Prepare a clear narrative explaining why you cannot obtain the certificate.
- File your petition promptly; Probate Courts vary in processing times.
- Keep copies of all affidavits, newspaper clippings, and medical records you submit.