Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Oregon, probate courts generally require a certified copy of the death certificate to open an estate. Under ORS 432.085, the funeral director or other responsible party must file the original death certificate with the Vital Records office. Probate filings then rely on that certified record to verify the decedent’s passing.
If the death certificate is delayed, lost, or was never filed—such as when a person dies abroad—you can request a delayed registration of death under ORS 432.260. This process allows you to submit secondary evidence, including an obituary, hospital or coroner’s reports, sworn affidavits from eyewitnesses, and other documents deemed reasonably satisfactory by the state registrar. Once accepted, the registrar issues a delayed death certificate, which serves as a certified vital record for probate purposes.
An obituary alone does not satisfy the probate court’s proof-of-death requirement because it is not a certified vital record. However, it can play a crucial supporting role when applying for a delayed certificate. After you secure the delayed death certificate, you may use it to open the estate under the Oregon Probate Code (ORS chapter 115).
Helpful Hints
- Contact the funeral home or county health department promptly to obtain the original death certificate under ORS 432.085.
- If the original certificate is unavailable, file for delayed registration under ORS 432.260, providing an obituary, medical records, affidavits, or other evidence.
- Consult the probate court clerk in your county to confirm any local filing nuances or additional document requirements.
- Keep certified copies of every document you submit, including the delayed death certificate and supporting affidavits.
- If complexities arise—such as out-of-state deaths or missing heirs—consider consulting a licensed probate attorney for tailored guidance.