Detailed Answer
Under Wyoming law, a certified death certificate usually serves as the primary proof of death when opening an estate. Wyo. Stat. § 2-1-103 requires probate applicants to attach a certified copy of the decedent’s death certificate to the petition. If you cannot obtain a death certificate, the probate court may accept secondary evidence of death at its discretion. See Wyo. Stat. § 2-1-103.
Secondary evidence can include affidavits from family members or funeral directors, obituary notices published in reputable newspapers, and funeral home records. Courts typically require reliable, corroborated information to prevent fraud. An obituary alone may not suffice; pairing it with an affidavit from someone with firsthand knowledge strengthens your case.
For example, if Jane Doe’s family cannot secure her death certificate because the event occurred abroad, they might submit her published obituary along with an affidavit from the funeral director who handled arrangements. The probate judge can then approve the appointment of a personal representative based on that combined evidence.
Helpful Hints
- Request the death certificate first from the Wyoming Department of Health Vital Records Division to exhaust all official avenues.
- Obtain a sworn affidavit from a funeral home director or physician who can attest to the decedent’s death.
- Include certified copies of any obituary notices published in recognized newspapers.
- Gather corroborating records such as funeral home invoices, burial permits, or medical records.
- Consult the local probate court clerk about specific evidence standards or local rules.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.