Disclaimer: This article does not provide legal advice. Consult a licensed Tennessee attorney for your situation.
Detailed Answer
When you open an estate in Tennessee, the probate clerk generally requires a certified death certificate to prove the decedent’s death. Tennessee Code Annotated § 32-1-105 mandates that an estate petition include a death certificate (T.C.A. § 32-1-105). An obituary alone does not carry the same legal weight as a vital record. It serves as secondary evidence but cannot replace a certified copy of the death certificate.
To obtain a certified death certificate, request it from the Tennessee Office of Vital Records. You can apply online, by mail, or in person. If the Office cannot locate the original record, it may issue a delayed or amended certificate. If you still cannot secure a death certificate after diligent effort, you may petition the probate court to accept alternative proof, such as an obituary accompanied by notarized affidavits or a funeral home affidavit. The court will weigh whether this secondary evidence meets the legal standard.
Helpful Hints
- Request the certified death certificate early to avoid probate delays.
- Use the Tennessee Office of Vital Records website for online applications.
- Keep records of all requests and correspondence.
- If you hit delays, document your efforts in writing.
- Consider consulting a probate attorney for complex estates or missing records.