Disclaimer: This informational article does not constitute legal advice. For advice specific to your situation, consult a licensed Rhode Island attorney.

Detailed Answer

When you file to open an estate in Rhode Island, the probate court requires reliable proof of the decedent’s death. Under R.I. Gen. Laws § 33-23-9, a certified death certificate or court-approved substitute document must accompany a petition for letters of administration or testamentary.

An obituary alone generally does not satisfy the formal requirement. Obituaries can contain inaccuracies and lack official verification. However, Rhode Island Probate Courts retain discretion to accept alternative proof when the death certificate is unavailable. Examples include:

• An affidavit by a funeral director or close relative, sworn under oath, stating the facts of death;
• An order of late registration from the Rhode Island Department of Health under R.I. Gen. Laws § 23-12-7;
• Any other court-ordered substitute documentation when obtaining a certificate is impossible.

To use an obituary as supporting evidence, you must:

1. Attempt to obtain the certified death certificate from the Rhode Island Department of Health Vital Records.
2. If that fails, draft an affidavit explaining why the certificate is unavailable and attach the obituary.
3. File a petition in Rhode Island Probate Court seeking permission to use substitute proof of death.
4. Serve notice on all interested parties and appear at the hearing.
5. If the court approves, it will issue letters based on the substitute proof you provided.

Following this process helps ensure the probate court treats the obituary as secondary evidence supporting an affidavit or court order.

Helpful Hints

• Contact Rhode Island Vital Records: https://health.ri.gov/licenses/vitalrecords to request the death certificate.
• Prepare all affidavits on official forms and have them notarized.
• Use certified mail or a courier service to file your petition and serve documents.
• Retain multiple copies of the obituary, affidavits, and any court orders.
• Review the Rhode Island Probate Court’s local rules for filing fees, deadlines, and service requirements.
• If the court denies your petition, consult a Rhode Island attorney about next steps or alternative evidence options.