How do I obtain proof of death to open a North Carolina intestate estate when the death certificate is missing?

To begin probate in North Carolina—be it Wake, Mecklenburg, Buncombe or any other county—you must prove the decedent has died. North Carolina General Statute § 28A-2-4(b)(G.S. 28A-2-4) requires that your petition include either a certified copy of the death certificate or, if unavailable, a written statement explaining why it is not filed. The clerk may also accept an affidavit or “substitute proof.”

In Mecklenburg County—where we often file intestate estates—clerks routinely ask for a death certificate. If you can’t find one, the clerk will typically accept:

• An obituary published in a local newspaper that clearly names the decedent and date of death.
• A funeral home record or an affidavit from a funeral director confirming the date and place of death.
• An affidavit by a family member or witness who recalls the death circumstances.
• Social Security Administration records or a Department of Veterans Affairs discharge document noting death.

Always check with your local county clerk for precise requirements—some counties ask for more documentation than others. If you lack direct proof of death, we recommend:

• Contacting the vital records office in the state you suspect the death occurred (e.g., North Carolina, Tennessee or Kentucky).
• Using our guide on opening an intestate estate for more details.
• Exploring genealogical databases or the Social Security Death Index.

Once you have substitute proof, your attorney can explain how to draft the required affidavit and guide you through the petition to admit intestate estate process. We handle these petitions in Mecklenburg, Wake and every North Carolina county. If you are ready to move forward or have questions, contact us.

Clients often call our Mecklenburg County office when they need proof of death for a sibling or parent who died decades ago. If you lack a certified death certificate, North Carolina General Statute § 130A-90(G.S. 130A-90) lets you request certified vital records from the state health department.

If you don’t know where your brother or sister died, use these steps:

• Search state vital records online in all possible states (NC, Tennessee, Kentucky). Most states offer an online portal to request certified copies.
• Check local newspapers for obituaries. Many archives are digitized—try your public library’s electronic newspaper database.
• Contact funeral homes mentioned in a family obituary (even if they closed, county death registers often hold their records).
• Use the Social Security Death Index or National Archives to confirm death dates and last residence.
• Ask extended family members for any written correspondence, family bibles or military discharge records that note the death.

After you find a date and location of death, order a certified copy from that state’s vital records office. If you still come up empty, you can prepare an affidavit stating you exercised due diligence—and attach it to your probate petition under G.S. 28A-2-4(b).

For your initial call with a probate attorney, collect whatever documents you have—obituaries, funeral notices, family letters—and review our checklist. That way, we can advise you on gathering missing records quickly and avoid delays in filing.