Detailed Answer
Oklahoma probate courts require proof of death when someone applies to open an estate. Under 58 O.S. § 212, you must file a sworn application and attach a certified copy of the decedent’s death certificate. If that certificate is unavailable, you cannot rely solely on a newspaper obituary. Instead, you must seek court approval to use secondary evidence of death.
Secondary Evidence Options:
- Delayed Death Certificate: Oklahoma law allows you to obtain a delayed certificate from the State Registrar by submitting a completed application, an affidavit explaining the lack of a certified certificate, and supporting documents such as an obituary or burial permit. See 63 O.S. § 1-3103.
- Affidavit of Death: A close relative or funeral director can file an affidavit under oath stating the facts of death. The probate court may accept this affidavit alongside any available records.
- Burial or Cremation Permit: A permit issued by the local registrar serves as official notice of death and can supplement other proof.
If none of these documents exist, you must file a motion asking the court to accept secondary evidence, including the obituary. The court has discretion to weigh reliability under local rules and case law. Providing a detailed affidavit, witness testimony, and corroborating documents strengthens your request.
Helpful Hints
- Review your county’s probate court rules for guidelines on secondary evidence.
- Contact the Oklahoma State Department of Health early—delayed certificates can take weeks.
- Gather sworn affidavits from funeral directors, relatives, or friends attesting to the date of death.
- Obtain burial permits or cemetery records to support your claim.
- File a written motion and serve notice of hearing on interested parties before presenting secondary evidence.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Oklahoma to address your specific situation.