In prior posts, I discussed establishing the fact of a birth or death where there is no birth or death certificate as well as changing a sex designation on a registered birth certificate. This post describes the process for obtaining a court order to correct a death certificate.
UT Admin Code R 436-3-7 permits funeral home directors and family members to amend a death certificate in certain circumstances. The Utah Department of Health and Human Services website provides two different forms for amending a vital record; depending on the information needing to be correct, a court order may be required.
A petition for an order to correct a death certificate can be filed as a probate matter under the authority of the above-cited code section or, more broadly, Utah Code 78B-6-401, permitting "declaratory judgments determining rights, status, and other legal relations..." Individuals whose rights would be impacted by the change in information on the death certificate should be notified.
At the court hearing, which may be held as part of the consent calendar, if no one objects and adequate evidence of the need for the correction of the death certificate is provided, the court will issue the order. The court order should direct the Utah State Vital Records Office to allow a specific person who is related to the decedent to amend the death certificate and specify the information to be replaced and the correct information. This order is then submitted with the Affidavit to Amend a Vital Record by Court Order to the Office of Vital Records and Statistics.
UT Admin Code R 436-3-7 permits funeral home directors and family members to amend a death certificate in certain circumstances. The Utah Department of Health and Human Services website provides two different forms for amending a vital record; depending on the information needing to be correct, a court order may be required.
A petition for an order to correct a death certificate can be filed as a probate matter under the authority of the above-cited code section or, more broadly, Utah Code 78B-6-401, permitting "declaratory judgments determining rights, status, and other legal relations..." Individuals whose rights would be impacted by the change in information on the death certificate should be notified.
At the court hearing, which may be held as part of the consent calendar, if no one objects and adequate evidence of the need for the correction of the death certificate is provided, the court will issue the order. The court order should direct the Utah State Vital Records Office to allow a specific person who is related to the decedent to amend the death certificate and specify the information to be replaced and the correct information. This order is then submitted with the Affidavit to Amend a Vital Record by Court Order to the Office of Vital Records and Statistics.
