Detailed Answer
In Massachusetts, to open an estate, the Probate Court requires a certified copy of the deceased person’s death certificate. Under Massachusetts General Laws Chapter 190B Section 3-302, when filing for informal appointment of a personal representative, you must submit a death certificate to the court. You can view the statute here: M.G.L. c.190B §3-302.
An obituary published in a newspaper or by a funeral home can establish the date and place of death, but it does not replace the certified death certificate. The Probate Court may accept an obituary as temporary evidence if the death certificate is delayed, but you must file the official certificate as soon as it becomes available to complete the estate opening process.
To obtain a certified death certificate, contact the Massachusetts Registry of Vital Records and Statistics or the local city or town clerk’s office where the death occurred. Learn more about ordering a certificate at Massachusetts Death Certificates. If processing is delayed, you may file a written request with the court for additional time, attach an affidavit explaining the delay, and include the obituary as provisional proof.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Helpful Hints
- Verify the correct spelling of the deceased’s full name and exact date of death before applying for a death certificate.
- If you need the certificate quickly, inquire about expedited service at the Registry of Vital Records or town clerk’s office.
- Keep the obituary and any affidavits safe, as you may need to submit them alongside the certificate.
- If the certified certificate is unduly delayed, file a motion for extension of time with the probate court and attach the obituary.
- Consult a probate attorney if you encounter court resistance or have complex estate issues.