Detailed Answer

Under Maryland law, you generally need a certified death certificate to open an estate. Maryland Code, Estates and Trusts § 2-102 requires filing a death certificate with the Register of Wills before probating a will or opening an intestate estate. See https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=et&section=2-102

If you cannot obtain the death certificate, you must petition the Orphans’ Court for an alternative order. The court may accept secondary evidence, such as an obituary, along with an affidavit or testimony, to establish the decedent’s death date. However, an obituary alone is not sufficient. You must present an affidavit by someone with personal knowledge of the death and request the court to admit the will and appoint a personal representative under Maryland Rules, Orphans’ Court Procedure, Rule 6-101.

When Death Certificate Is Unavailable

File a petition in the Orphans’ Court explaining why you lack a death certificate.
Include a certified copy of the obituary and an affidavit from a close family member or witness.
Ask the court to enter an order allowing you to admit secondary evidence in place of the death certificate.
Once the court issues the order, submit it with the obituary and affidavit to the Register of Wills.

Maryland Orphans’ Court Procedure

Maryland Rules, Orphans’ Court Procedure, Rule 6-101, governs how the court admits wills and appoints personal representatives. You may cite this rule when petitioning the court: https://www.courts.state.md.us/rules/orsgov_rule6. Contact the Clerk of the Orphans’ Court in the appropriate county for local procedures.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a licensed Maryland attorney for guidance on your specific situation.

Helpful Hints

Obtain a certified death certificate from the Maryland Department of Health Vital Records whenever possible.
Gather additional proof, such as funeral home or hospital records, to support your petition.
File your petition early to avoid delays in estate administration.
Consult an estate attorney to help navigate Orphans’ Court procedures.