How to Open an Estate in Idaho Without a Death Certificate
Can an Obituary Serve as Proof of Death?
Idaho law mandates a certified death certificate to open an estate. Under Idaho Code §15-3-103, you must submit a certified copy of the decedent’s death certificate with your probate petition. The certificate is conclusive proof of death.
Limitations of Using an Obituary
An obituary is considered secondary evidence. On its own, it does not satisfy statutory requirements. A court may accept an obituary only if supplemented by other evidence and upon judicial approval.
When the Death Certificate Is Unavailable
- Order a certified copy: Contact the Idaho Office of Vital Records. Visit Idaho Vital Records to request a copy.
- Collect secondary evidence: Gather funeral home records, medical records, affidavits from individuals with direct knowledge and the obituary.
- File a petition for alternative proof: Submit your probate petition, all secondary evidence and a request for a court hearing to admit alternative proof.
- Attend the hearing: The judge will assess whether your evidence sufficiently establishes death and issue letters of administration if approved.
Helpful Hints
- Begin by obtaining an official death certificate; it streamlines probate.
- Compile as many secondary documents as possible if the certificate is unavailable.
- File under Idaho Code §15-3-201 for letters of administration without a will.
- Contact the probate court clerk in the decedent’s county for local forms and fee schedules.
- Consult a licensed Idaho attorney if you face complex evidentiary issues.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.