Can I Use an Obituary as Proof of Death to Open an Estate in Minnesota?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.

Detailed Answer

Under Minnesota law, a certified death certificate is the primary document required to open a probate estate. When you file a petition for probate of a will or for appointment of a personal representative, Minnesota Statute § 524.3-201 requires that you attach a certified copy of the decedent’s death certificate to your petition (Minn. Stat. § 524.3-201). Similarly, the Minnesota Department of Health issues certified certificates under Minn. Stat. § 144.225 (Minn. Stat. § 144.225).

If the death certificate is delayed, lost or unavailable, Minnesota courts may allow “secondary evidence” of death, such as an obituary, provided you also submit a sworn affidavit explaining why the certificate cannot be obtained. The court has discretion to accept that evidence under its general authority to determine the facts of a case and in the interest of justice.

Key steps if you lack a certified death certificate:

1. File your probate petition under Minn. Stat. § 524.3-201, noting in the petition that you cannot yet attach the certificate.
2. Include a sworn affidavit describing your efforts to obtain the certificate (for example, a request to the Vital Records Office).
3. Attach the obituary and any corroborating documents (hospital records, funeral home records) as exhibits.
4. Ask the court for leave to file the certificate when it becomes available.

The judge will review your petition and may schedule a hearing to verify the facts. If the court accepts your affidavit and supporting documents, it can appoint a personal representative and allow you to complete the file later by providing the official certificate.

Statutes and Rules Referenced

• Minn. Stat. § 524.3-201 – Petition for probate of will and appointment of personal representative
• Minn. Stat. § 144.225 – Certified copy of vital record

Helpful Hints

• Contact the Minnesota Department of Health Vital Records Office (https://www.health.state.mn.us/people/vitalrecords/) to request a certified copy of the death certificate.
• Keep detailed records of all communications and requests for the death certificate.
• Use affidavits from individuals who have personal knowledge of the death when possible (e.g., funeral director, attending physician).
• Consider consulting a probate attorney if the court questions your secondary evidence or if the estate involves complex assets.
• File your petition in the probate court of the county where the decedent resided at death.