Using an Obituary as Proof of Death in Indiana Estates
To open an estate in Indiana, you must file proof of the decedent’s death with the probate court. Indiana Code §29-1-7-2 (https://iga.in.gov/laws/2023/ic/titles/029#29-1-7-2) requires a certified death certificate as primary proof. Without it, you may petition the court to admit secondary evidence per Indiana Code §29-1-1-6 (https://iga.in.gov/laws/2023/ic/titles/029#29-1-1-6).
Obituaries serve as secondary evidence but rarely suffice alone. Courts often demand supporting documents such as:
- An affidavit from the funeral director.
- Hospital or hospice records confirming the date of death.
- A statement from the county health department describing your diligent search for a death certificate.
To use an obituary effectively, attach it to a sworn affidavit explaining why the death certificate is unavailable and verifying the obituary’s authenticity. Then file a “Petition for Admission of Secondary Evidence” with the probate clerk in the county where the decedent resided. The court will schedule a hearing. At the hearing, present your obituary, affidavit, and any other evidence. If the judge finds your proof sufficient, the court may admit the obituary as valid proof of death.
Always check local rules. Counties may require specific forms or impose filing fees. Contact the local probate clerk’s office for details.
Helpful Hints
- Request a certified copy of the death certificate from the Indiana State Department of Health before seeking alternate proof.
- Obtain an affidavit from the funeral home or hospital to support your documentation.
- Include a sworn statement explaining why you cannot obtain the original death certificate.
- Consult the county probate clerk’s office for required forms and procedures.
- Consider consulting a probate attorney if the estate involves complex assets or disputes.
Disclaimer
This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.