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

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

Detailed Answer

Under Pennsylvania law, the register of wills and clerk of orphans’ court generally requires a certified copy of the decedent’s death certificate when you apply for letters of administration or letters testamentary. Pennsylvania Consolidated Statutes Title 20, Chapter 31 outlines the procedures for issuing vital records, including death certificates. Specifically, 20 Pa.C.S. § 3122 requires you to submit a death certificate or a certified copy when you file an application to open an estate (20 Pa.C.S. § 3122).

An obituary published in a newspaper or online does indicate that the person has died, but it does not carry the same legal authority as a death certificate. Pennsylvania courts and the register of wills deem obituaries to be secondary evidence. They may consider an obituary if you cannot obtain a death certificate right away, but they typically will not accept it as the sole proof of death. Instead, you may need to supplement your petition with one or more of the following:

• A certified copy of the death certificate from the Pennsylvania Department of Health, Bureau of Health Statistics and Registries (PA Vital Records).
• An affidavit from a funeral director or cemetery that handled the decedent’s remains.
• An affidavit from a person with personal knowledge of the facts surrounding the death.

If you cannot locate a death certificate—perhaps because the death occurred many years ago or outside Pennsylvania—you can petition the court for an order to admit secondary evidence of death. In that case, you would file a petition with the register of wills or orphans’ court judge explaining your efforts to secure the certificate and attaching any supporting materials, including an obituary, statements from next of kin, or funeral home records.

Once the court approves your petition, it may authorize you to proceed with estate administration on a provisional basis. Even then, you must continue trying to obtain an official death record. Courts prefer the certified death certificate because it ensures accurate vital statistics and proper distribution of assets.

Relevant Statutes and Rules

• 20 Pa.C.S. § 3103 – Application for certified copies of vital records (20 Pa.C.S. § 3103).
• 20 Pa.C.S. § 3122 – Application for letters testamentary or administration (20 Pa.C.S. § 3122).
• Pennsylvania Orphans’ Court Procedural Rules – Rule 1.2(b)(2) (definitions and filing requirements).

Helpful Hints

• Contact the Pennsylvania Department of Health to order a certified copy online or by mail; processing times vary.
• Keep a record of all requests you make for the death certificate in case you need to show the court your good-faith efforts.
• Gather any secondary documents—obituary, funeral bill, cemetery records—and obtain notarized affidavits from those with direct knowledge.
• Consult the register of wills or an orphans’ court clerk in the county where the decedent lived for local practice notes and filing fees.
• Consider hiring an estate or probate attorney if you encounter delays or need to file a special petition for admission of secondary evidence.