Detailed Answer
In Nebraska, you cannot rely solely on an obituary as proof of death when opening an estate. State law requires a certified death certificate when applying for letters of administration or testamentary. Per Neb. Rev. Stat. 30-2450, probate filings must include a certified copy of the decedents death certificate. Neb. Rev. Stat. 30-2450
If you cannot locate the original certificate, consider one of two options:
- Request a certified copy from the Nebraska Department of Health and Human Services Vital Records. This is the primary way to replace a lost or missing record.
- File for a delayed death certificate. Under Neb. Rev. Stat. 71-6119, a funeral director, informant, or interested person may submit an affidavit and supporting documents to register a delayed certificate. Neb. Rev. Stat. 71-6119
Obituaries serve as secondary evidence but cannot replace a certified death certificate. If you still cannot produce an official certificate, you may petition the probate court for admission of secondary evidence of death. The court may require sworn statements from funeral directors, medical personnel, or family members, along with corroborating documents.
Helpful Hints
- Contact Nebraska Vital Records at https://dhhs.ne.gov/Pages/vital-records.aspx to request a certified copy of the death certificate.
- Gather supporting documents such as funeral home records, cemetery deeds, medical reports, or church death registers to strengthen any petition for secondary evidence.
- Review local county probate court rules for additional procedures or requirements when primary records are unavailable.
- Consider consulting a probate attorney to navigate procedural nuances and court filings.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified attorney.