Detailed Answer
When you open an estate in Vermont, the Probate Division requires a certified death certificate. Under 14 V.S.A. § 1, the Register of Probate won’t issue letters to an executor or administrator without that certified record (see 14 V.S.A. § 1).
An obituary is a public notice drafted by a funeral home or family member. It provides useful information but cannot replace a death certificate. It lacks the official certification by a health authority or vital records office.
If you cannot obtain the death certificate, Vermont law allows a delayed registration through the Department of Health. You must submit an application under 18 V.S.A. § 5022 along with supporting documentation such as medical records, a coroner’s report and, if available, an obituary in order to register the death retroactively (see 18 V.S.A. § 5022).
Once the Department of Health issues the delayed certificate, you can file it with the Probate Division. In rare cases, the Probate Division may accept alternative proof—like an affidavit from a funeral director combined with secondary evidence—but that is discretionary and not guaranteed.
Key Steps to Open an Estate When No Death Certificate Exists:
- Contact the Vermont Department of Health Vital Records to apply for delayed registration under 18 V.S.A. § 5022.
- Gather supporting documents: hospital or coroner’s report, funeral home affidavit, published obituary and any other contemporaneous records.
- Submit the delayed death certificate to the Register of Probate along with your petition for letters.
- If the probate clerk raises concerns, be prepared to file additional affidavits or court motions explaining why the official certificate is missing.
Disclaimer: This article is not legal advice. It provides general information to help you understand Vermont probate requirements. Consult a qualified probate attorney for advice about your situation.
Helpful Hints
- Obituaries by themselves lack the certification needed by the probate court.
- Start the delayed certification process as soon as you learn the death certificate is unavailable.
- Keep all correspondence with the Department of Health and the probate clerk in writing.
- Obtain at least two forms of primary or secondary evidence to support a delayed registration.
- Consider consulting a Vermont probate attorney if you face obstacles obtaining the death certificate or opening the estate.