Can I Use an Obituary as Proof of Death to Open an Estate in Maine? | Maine Probate

Detailed Answer

In Maine, you generally cannot rely solely on a newspaper obituary to open an estate. When you file a petition for administration in probate court, you must attach a certified copy of the decedent’s death certificate under Maine Revised Statutes Title 18-C (Probate Code). An obituary serves as secondary evidence and does not satisfy the court’s requirement for a primary vital record.

If the official death certificate is not immediately available, Maine law allows you to request a delayed registration. Under 22 M.R.S. § 2703, you can submit an affidavit supported by documentation—such as sworn statements from the attending physician or funeral director—to the Maine Center for Disease Control and Prevention’s Vital Records office. Once the state issues a certified death certificate, you may then file it with your probate petition.

Some county probate courts may provisionally accept an affidavit of death paired with alternative proofs while you await the official certificate, but this is discretionary. Always check with the clerk of the local probate court to learn if temporary procedures apply in your county.

Key Statutes and Resources:

Disclaimer: This article provides general information on Maine probate procedures. It does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney or the probate court clerk.

Helpful Hints

Contact the funeral home or attending physician promptly to initiate the death certificate process.
If the certificate is delayed, prepare a notarized affidavit of death with statements from reliable witnesses (e.g., funeral director, spouse).
Submit any provisional documents to the probate court clerk to inquire about temporary acceptance.
Monitor your delayed registration application with the Maine CDC Vital Records office online or by phone.
Keep digital and physical copies of all submissions and confirm receipt with the court.