Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Montana law, the district court requires an authenticated death certificate before opening an estate. Mont. Code Ann. §72-3-201(1)(a) mandates that the clerk of court receive a certified copy of the decedent’s death certificate issued by the Montana Department of Public Health and Human Services (DPHHS Vital Records).
An obituary is a secondary source. It often lists the date and place of death but lacks the official seal or signature required under Mont. Code Ann. §50-15-111 (§50-15-111). Courts generally will not accept an obituary alone as proof of death to issue letters of office.
If you cannot obtain a certified death certificate promptly, Montana’s probate rules do not expressly authorize using an obituary as a substitute. Instead, you can:
- Request the certified death certificate from DPHHS, which may take several weeks.
- Gather affidavits from individuals with firsthand knowledge of the death (e.g., a physician or funeral director).
- File a motion under Mont. Code Ann. §72-3-206 (§72-3-206) asking the court to accept secondary evidence in lieu of the official certificate.
The judge has discretion to admit secondary evidence when the primary document is unavailable through no fault of the petitioner. Be ready to show diligent efforts to secure the death certificate and explain any delays.
Helpful Hints
- Contact DPHHS Vital Records as soon as possible; standard processing can take 4–6 weeks.
- Ask for expedited service if you meet statutory criteria.
- Keep copies of all requests and correspondence with DPHHS or other record custodians.
- Check with the probate court clerk in your county for any local procedural requirements.
- If the death certificate is indefinitely delayed, file a formal motion for substituted proof under §72-3-206.