Legal Question in Wills and Trusts in California
Death certificate
How does one obtain a death certificate when the body of the deceased is not found? His boat sank in the ocean, and the Coast Guard identified that he had been on board, notified the relatives, and called off the search for survivors, citing that none could have survived. A death certificate is needed for administering his will.
2 Answers from Attorneys
Re: Death certificate
There are really two separate issues here. You CAN file probate without the death certificate. I suggest you get started right away as probate takes 7 months minimum so the quicker you start the quicker you finish. There will be situations where the death certificate is needed so simultaneously with filing the probate I would file a probate code section 200 proceeding for the Judge to confirm that the person is deceased. Please contact me with any further questions. -John
Re: Death certificate
Probate may be opened and the court petitioned for a declaration of demise. Contact me directly.
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