Can I Use an Obituary as Proof of Death to Open an Estate Without a Death Certificate in Wisconsin?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney.

Detailed Answer

1. Probate Filing Requirements in Wisconsin

In Wisconsin, you must file a petition for probate with the circuit court in the county where the decedent resided. Under Wis. Stat. § 851.04, the petition must include the decedent’s name, date and place of death, heirs, and estate value. Although the statute itself does not list attachments, the statewide probate forms and most circuit court rules require a certified copy of the death certificate.

2. Role of a Certified Death Certificate

A certified death certificate is the official record created by the Wisconsin Vital Records Office under Wis. Stat. § 69.09. Courts rely on it as conclusive proof of death. Probate courts generally will not issue letters of administration or probate without this document.

3. Obituaries as Secondary Evidence

An obituary is a published notice that can list the decedent’s name, dates, and surviving relatives. By itself, it lacks the legal authority of a certified death certificate. Wisconsin statutes do not allow an obituary to substitute for the official certificate in probate proceedings. At best, an obituary can support an Affidavit of Death filed with the court, but acceptance is at the judge’s discretion.

4. Steps When the Death Certificate Is Unavailable

1. Request a certified death certificate from the Wisconsin Vital Records Office under Wis. Stat. § 69.09. You can often expedite processing for a fee.
2. Contact the circuit court clerk to ask whether they will accept an obituary plus an affidavit in lieu of the certificate.
3. Prepare an Affidavit of Death sworn by someone with personal knowledge of the decedent’s passing.
4. If the court initially refuses, file a motion for alternative proof of death. Explain your diligent efforts to obtain the certificate and attach any supporting documents, including the obituary.
5. Once you receive the certified death certificate, file it promptly to complete the probate process.

5. Key Takeaways

An obituary alone cannot replace a certified death certificate in Wisconsin probate. Courts require the official certificate under Wis. Stat. § 851.04 and Wis. Stat. § 69.09. If the certificate is delayed, you may supplement your petition with secondary evidence such as an obituary and an affidavit, but the court’s approval is not guaranteed.

Helpful Hints

• Start the death certificate request early to avoid probate delays.
• Keep detailed records of all correspondence with vital records and the court clerk.
• Review your county’s local probate rules for any variations in form requirements.
• Visit the Wisconsin Courts self-help website for sample forms and instructions.
• Consider consulting an attorney if you encounter procedural obstacles.