Detailed Answer
In Hawaii, when you petition the probate court to open an estate, you must file proof of the decedent’s death. Under Hawaii’s Uniform Probate Code (HRS §560:3-602), an original or certified copy of the death certificate is “prima facie evidence” of death. You generally cannot rely solely on a newspaper obituary because it does not carry the same legal weight as a government-issued document.
If you cannot locate the death certificate, take these steps:
- Request a Certified Copy: Contact the Hawaii Department of Health, Vital Records Office. Under HRS §338-11, you may request a certified copy of a vital record, including death certificates. There is a small fee and a processing period of several weeks.
- File an Affidavit of Diligent Search: If the death certificate remains unavailable, you can file an affidavit describing your good-faith efforts to obtain the document. Attach copies of any written requests or correspondence with the Department of Health.
- Submit Secondary Evidence: Along with your affidavit, you may submit an obituary as secondary evidence. The court has discretion to accept it under HRS §560:3-602. To strengthen your petition, include sworn statements from family members or funeral home records.
- Consider a Small Estate Proceeding: If the estate’s value is below the small estate threshold under HRS §560:2-104, you may qualify for a simplified procedure that sometimes waives formal proof-of-death requirements.
Probate judges have broad discretion. Some judges strictly enforce the certified certificate requirement. Others may accept alternative proof if you show diligent effort and present corroborating evidence. Always check local court rules or contact the probate clerk in the circuit where you will file.
Note: This is not legal advice. Consult a licensed probate attorney to guide you through Hawaii’s court requirements.
Helpful Hints
- Start your request for the death certificate immediately to avoid delays.
- Keep copies of all correspondence with the Department of Health.
- Obtain sworn statements from witnesses who can confirm the death date and circumstances.
- Check the small estate threshold in your county to see if you qualify for a simplified process.
- Visit the probate clerk’s office early to review local filing procedures and any additional forms.
- Consider hiring an attorney if the judge questions the validity of alternative proof.