Disclaimer: This article does not offer legal advice and is for informational purposes only. For guidance specific to your situation, consult a qualified attorney.
Detailed Answer
Under Louisiana law, opening an estate (known as a “succession”) requires formal proof of death. The Louisiana Code of Civil Procedure mandates that a petition to open succession include the original or a certified copy of the death certificate. See La. C.C.P. art. 3222.
An obituary alone does not satisfy the court’s requirements. Obituaries are informal announcements and lack the legal presumption of accuracy that death certificates carry. Courts rely on death certificates to verify identity, date of death, and other vital statistics, ensuring clear title transfer to heirs or legatees.
If the death certificate is unavailable, consider these alternatives:
- Request a delayed certificate or certified copy from the Louisiana Department of Health, Office of Public Health, Vital Records. You can submit an affidavit and supporting documents under the delayed registration process. See Delayed Vital Records Requests.
- File a petition for a preliminary succession decree. Provide secondary evidence of death—such as hospital records, funeral home affidavits, or eyewitness statements—alongside the obituary.
- Seek a judicial declaration of death under La. Civ. Code arts. 34–39 if the decedent disappeared under qualifying circumstances.
Ultimately, only a court order or a certified death certificate provides the formal proof needed to open a succession in Louisiana. While an obituary can support your petition, it cannot stand alone.
Helpful Hints
- Apply early for a death certificate or delayed registration to avoid probate delays.
- Gather all available secondary documents: hospital, funeral home, or church records.
- Check local parish courthouse rules for accepted alternative proofs.
- Use secure methods when transmitting sensitive records.
- Consult an attorney if you encounter disputes or missing documentation.