Detailed Answer
Disclaimer: This article is for educational purposes and does not constitute legal advice.
In Ohio, probate courts require a certified copy of the decedent’s death certificate to open an estate. An obituary—even when published in a reputable newspaper or on a funeral home website—does not satisfy this requirement. Obituaries serve as public notices but lack the official certification and authentication a probate court demands.
Ohio law directs probate courts to rely on vital records maintained by the Ohio Department of Health. Under Ohio Rev. Code § 3705.21, a “certificate of death” is an official record admissible in court. Similarly, when administering an intestate estate, the applicant must submit proof of death under Ohio Rev. Code § 2113.03. Probate judges will deny or delay appointment of a personal representative without a certified death certificate.
If you cannot immediately obtain the death certificate, you may:
- Contact the funeral home director. They often file the certificate and can expedite certified copies.
- File a motion with the probate court explaining the delay and ask for a tentative appointment or provisional letters. Courts have discretion under local rules to grant limited authority until the certificate arrives.
- Search for alternative court-accepted evidence. In rare cases, courts may accept affidavits from attending physicians or a coroner’s report alongside a sworn statement about certificate unavailability.
Despite these workarounds, plan to secure the certified death certificate as soon as possible. It remains the primary, legally recognized document for opening an estate in Ohio.
Helpful Hints
- Request multiple certified copies at once. You will need additional copies for banks, government agencies, and title companies.
- Use the Ohio Department of Health Vital Statistics website for online ordering: Order Certified Copies.
- Check local probate court rules. Some counties publish specific guidelines for provisional letters of administration.
- Keep detailed notes of all communications with the funeral home and health department to document your good-faith efforts.
- If delays persist, consider consulting a probate attorney or a legal aid organization. They can advise on filing motions and gathering acceptable alternative evidence.