Using an Obituary as Proof of Death to Open an Estate in Utah
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Utah law, probate courts require a certified death certificate to open an estate. Utah Code §75-3-102 states that a personal representative must file a certified copy of the decedent’s death certificate with the probate petition. Without this document, the court typically will not issue letters of administration or testamentary. For more details, see Utah Code §75-3-102.
If the death certificate is not available, you can apply for a delayed or amended certificate through the Utah Office of Vital Records. Under Utah Code §26-2-11, the state registrar may issue a delayed death certificate based on secondary evidence, which may include an obituary, sworn affidavits from witnesses, medical records, or funeral home documents. Once you obtain the delayed certificate, it serves as the official proof of death and can be filed in probate. See Utah Code §26-2-11.
To request a delayed death certificate, submit a completed application to the Utah Office of Vital Records, pay the required fee, and provide all supporting documents and affidavits. After the delayed certificate is issued, attach the certified copy to your probate petition.
Helpful Hints
- Obtain the official obituary from a recognized newspaper or funeral home.
- Secure sworn affidavits from at least two individuals with direct knowledge of the death.
- Include medical or hospital records if available to strengthen the application.
- Contact the Utah Office of Vital Records early to confirm filing requirements and fees.
- Review the local probate court’s rules for any additional documentation requirements.
- Consider consulting a probate attorney if you encounter delays or complications.