Disclaimer: This article provides general information about Washington probate law and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
In Washington, to open an estate you must file a probate petition in superior court and submit proof of the decedent’s death. Under RCW 11.20.010, the personal representative must attach a certified copy of the death certificate when petitioning for appointment. A death certificate issued by the state registrar is the primary proof of death (RCW 70.58.020).
An obituary alone typically does not satisfy the court’s requirement. Courts view obituaries as secondary or supporting evidence because anyone can publish them and they lack a government seal. However, if a death certificate is delayed or unavailable, you can:
- Request a certified copy from the local health department or the Washington State Department of Health. Processing times vary but often take 5–10 business days.
- If records are lost or incorrect, petition the court for permission to use alternative proof. You may submit affidavits from funeral directors, hospitals, or family members along with the obituary. The court has equitable powers under RCW 11.28.010 to accept other evidence if it finds good cause.
- Show efforts to obtain the death certificate. Provide documentation of your application, any correspondence, and a notarized statement explaining the delay.
Ultimately, you must secure a certified death certificate or obtain a court order allowing substitute proof before the court will issue letters testamentary or letters of administration. Relying solely on an obituary risks delays or denial of your probate petition.
Helpful Hints
- Apply early for the death certificate to avoid probate delays.
- Keep copies of all requests and correspondence with the health department.
- If the certificate has errors, file a correction request promptly under RCW 70.58.070.
- Gather supporting affidavits from credible witnesses if the certificate is delayed.
- Consider consulting a probate attorney if the court challenges your proof.