The Short Answer

In Pennsylvania probate matters, the most commonly accepted proof of death is an official death certificate. If a death certificate cannot be obtained (or the person is missing), Pennsylvania law also allows certain court findings and recorded affidavits to establish death for estate-related purposes.

What Pennsylvania Law Says

“Proof of death” issues usually come up when someone needs to open an estate, transfer assets, or resolve a dispute about whether (or when) a person died. Pennsylvania law addresses both routine situations (where a death certificate exists) and harder cases (where a person has disappeared, the date of death is uncertain, or survivorship affects who inherits).

The Statute

The primary law governing this issue is 20 Pa.C.S. § 5701.

This statute authorizes Pennsylvania courts to enter a decree finding that an absentee is dead and determining the date of death, including based on seven years of unexplained absence or earlier if the person was exposed to a specific peril of death.

In addition, Pennsylvania law permits a public record of death to be created even when letters are not needed: 20 Pa.C.S. § 925 allows a death certificate to be filed with the Register of Wills, and if a certificate cannot be obtained, an affidavit of a relative or other interested party may be recorded with key details (name, residence, date/time/place of death, and age).

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the issue is tied to probate filings, asset transfers, or disputes over who inherits, timing can affect rights and leverage—especially when a court finding of death is needed under 20 Pa.C.S. § 5701.
• Burden of Proof: Missing-person cases require “diligent inquiry,” and the court may require evidence supporting absence, search efforts, and circumstances (including “specific peril”) before entering a decree of death.
• Exceptions: The correct proof can change depending on why death must be proven (opening an estate, distributing a trust, resolving survivorship questions, or recording a death when letters are not needed). Using the wrong approach can delay administration or trigger litigation.

Trying to handle this alone can lead to avoidable delays, rejected filings, or disputes that become expensive quickly—especially if family members disagree about the facts or the date of death.

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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.