Anna Nicole's attorney, Michael Scott, tells the Associated Press that the document will finally allow her to bury her son, who died in his mother's hospital room Sept. 10 while visiting her three days after she gave birth to a baby girl.
Meanwhile, PEOPLE has learned that the preliminary toxicology report performed on Daniel Smith shows only "therapeutic levels" of the antidepressant Lexapro.
The dosage is "nowhere near a toxic range," Cyril Wecht, the pathologist hired by Anna Nicole to perform a second autopsy on her son, tells PEOPLE.
Additional tests are also being conducted to check for the sleeping pill Ambien, Wecht told PEOPLE in a telephone interview Thursday.
According to Wecht, Daniel Smith's Los Angeles-based doctor had given him a sample of Ambien, but it is not clear if Smith took the drug. Further tests need to be done to determine if Ambien was in Smith's system.
"There's no reason to believe there's going to be a significant level of Ambien in him," said Wecht. "It is not a powerful drug. You'd have to take a lot of it. It's not the best drug if you want to drive, but putting you to sleep is one thing – killing you is another."
Wecht is also waiting for the results of tests on tissue samples from Smith.
"Everything was ruled out in the major category of drugs," Wecht said of the tests that have already been done. "They tested for tranquilizers, barbiturates, opiates. It would cover almost all the anti-depression, anti-anxiety drugs."