The Short Answer

Usually, no. In Pennsylvania, the Register of Wills typically requires a certified death certificate (or another form of legally reliable proof of death) before issuing Letters to open an estate, and an obituary alone is often not treated as sufficient proof.

That said, if a death certificate is delayed or unavailable, there may be alternative ways to establish the death depending on the circumstances—especially in unusual cases involving a missing person or uncertainty about the date of death.

What Pennsylvania Law Says

To open an estate in Pennsylvania, someone must petition the Register of Wills for the grant of Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). The petition must include key facts about the decedent, including the place and day of death. In practice, Registers commonly rely on a certified death certificate to verify those facts before issuing Letters.

The Statute

The primary law governing the required contents of the petition is 20 Pa.C.S. § 3153.

This statute establishes that a petition for the grant of letters must state, under oath, information including the decedent’s last residence and the place and day of death.

Separately, if the issue is that the person is missing (rather than the death certificate being delayed), Pennsylvania law provides a court process to obtain a legal finding of death in certain situations.

The statute addressing that process is 20 Pa.C.S. § 5701.

This statute allows a court to make a finding and decree of death in specific circumstances (such as prolonged unexplained absence or exposure to a specific peril), which can serve as the legal basis to proceed when ordinary proof is not available.

If you want more Pennsylvania-specific context, you may also find this helpful: What Evidence Can Prove a Decedent’s Death in Pennsylvania? and How Do I Get a Certified Death Certificate and Certified Probate (Estate) Filings in Pennsylvania?.

Why You Should Speak with an Attorney

While the statute sets out what must be alleged in the petition, applying it to a real-world situation (especially when a death certificate is missing) is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Estates often involve time-sensitive issues (protecting assets, paying bills, dealing with creditors, and preserving claims). Delays in getting acceptable proof of death can create financial and legal risk.
• Burden of Proof: An obituary is not created as a legal record, and the Register (and later, banks/insurers) may require a certified record or a court decree to avoid fraud or mistakes about identity and date of death.
• Exceptions: If the person is missing, or the date/circumstances of death are uncertain, you may need a court finding of death under 20 Pa.C.S. § 5701—and the evidence needed can be very fact-specific.

Trying to move forward with only an obituary can lead to rejection by the Register of Wills, delays in getting Letters, and problems accessing accounts or transferring property. An attorney can quickly assess what the local Register will accept and whether a court petition is needed.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.