Detailed Answer
In New Hampshire, the probate court typically requires a certified death certificate to open an estate. Under RSA 551:3, a personal representative’s authority to act begins only after the court issues Letters Testamentary or Letters of Administration, and the court will normally demand a certified death certificate before issuing those letters (RSA 551:3).
If you cannot immediately obtain a certified death certificate—perhaps because the records are delayed or the death occurred out of state—you might consider submitting alternative evidence, such as an obituary, to the probate court. However, an obituary alone is rarely sufficient. The court has broad discretion to accept other proof under RSA 551:4, but it will generally insist on more reliable documentation or sworn testimony from witnesses who can attest to the decedent’s death (RSA 551:4).
Here are key steps you can take if you lack a certified death certificate:
- Request a certified copy from the New Hampshire Division of Vital Records Administration (NH DHHS) as soon as possible. Under RSA 5-C:2, the division must supply certified records upon proper application and payment of fees (RSA 5-C:2).
- If the death occurred outside New Hampshire or records are withheld, file an affidavit of inability to obtain the certificate, attach the obituary, and any supporting witness affidavits.
- File a motion with the probate court explaining the delay, attaching all alternative evidence. The court may hold a hearing to evaluate credibility and necessity.
- Consider appointing a special administrator under RSA 551:8 if immediate action is required to preserve estate assets. That appointment may proceed on the basis of sworn testimony if the death certificate is unavailable (RSA 551:8).
Disclaimer: This article provides general information about New Hampshire probate procedures. It does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Helpful Hints
- Obtain the death certificate first—obituaries can supplement but rarely replace it.
- Gather multiple forms of secondary evidence (witness affidavits, funeral home records).
- Contact the NH DHHS Vital Records office online to track your request.
- Speak with the probate clerk early; they can outline exact local requirements.
- Consider short-term appointments (special administrator) if estate assets may perish or devalue.