Detailed Answer
In Illinois, you generally must attach a certified copy of the decedent’s death certificate when you petition to open an estate. Under the Probate Act of 1975, 755 ILCS 5/3-3, the court requires proof of death before issuing letters of office.
If the death certificate is not available, the court may accept alternative evidence of death upon a showing of good cause. An obituary can serve as secondary evidence, but acceptance is discretionary. Judges often look for corroborating documents or testimony to confirm the decedent’s passing.
To strengthen your request, consider gathering additional proof such as:
- Funeral home statements or affidavits
- Newspaper obituary or online memorial
- Physician or hospital records
- Social Security Death Index printout
- Affidavits from individuals with firsthand knowledge
Once you compile alternative documents, file your petition with the probate clerk’s office. Include an affidavit explaining why you cannot obtain the death certificate and attach the obituary and any supporting evidence. The court will review your petition at a hearing and determine whether to issue temporary letters without a certified death certificate. After obtaining the official death certificate, you can file it with the court to finalize the record.
For help ordering delayed certificates, visit the Illinois Department of Public Health Vital Records.
Helpful Hints
- Contact the probate division in your county for local procedures and fee schedules.
- Obtain an affidavit from the funeral director confirming the date of death and services provided.
- Search the Social Security Death Index for free proof online.
- Prepare an affidavit of due diligence explaining your efforts to secure the certificate.
- Bring multiple forms of secondary evidence to the hearing to demonstrate good cause.
- Once available, promptly file the certified death certificate to avoid complications.
Disclaimer: This article is for general information only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.