how to change marital status on death certificate?

Question

my aunt passed away months ago and we found out the marital status was wrong, she was legally married and we were not awared, now the other spouse is not willing to sign any affidavit, we were told by the health department that we need to get court order to amend the death cert, does anyone knows how to do it? I am in California and what court or forms we need to file with the court? please help, thanks.

Answer 1

I'd suggest you contact a lawyer who practices Family Law. If you want to do this yourself, the clerk of court in your local district should be able to give you a brief idea of what documents would be needed beyond the death certificate and marriage certificate.

Answer 2

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Answer 3

I'm not quite sure how marital status on a death certificate would matter other than to insure the fact that the surviving spouse is acknowledge...but in California each county has a Clerk-Recorder that is responsible for insuring that information on death certificates is accurate. Make contact with your county Clerk-Recorder advise them of the situation and ascertain from them what forms and documents you will need to make the amendment to the death certificate.

Answer 4

You and one other person with knowledge of the facts can submit an affidavit to the County Registrar to correct the death certificate. I don't think you need a court order:

CALIFORNIA HEALTH AND SAFETY CODE

103225. Whenever the facts are not correctly stated in any
certificate of birth, death, fetal death, or marriage already
registered, the person asserting that the error exists may make an affidavit under oath stating the changes necessary to make the record correct, that shall be supported by the affidavit of one other credible person having knowledge of the facts, and file it with the state or local registrar.

103235. If the amendment relates to a certificate that has not been transmitted to the State Registrar, the local registrar shall review the amendment for acceptance for filing, and if accepted shall file the amendment and shall note the fact of the amendment, with its date, on the otherwise unaltered original certificate.

103235. If the amendment relates to a certificate or marriage
license that has not been transmitted to the State Registrar, the local registrar shall review the amendment for acceptance for filing, and if accepted shall file the amendment and shall note the fact of the amendment, with its date, on the otherwise unaltered original certificate or marriage license.

103240. If the amendment relates to a certificate that has been transmitted to the State Registrar, the amendment shall be transmitted to the State Registrar who shall review it for acceptance for filing.

103245. If the amendment is accepted, the State Registrar shall transmit copies of the amendment to the local registrar and county recorder in whose offices copies of the original record and information are on file.

103250. The State Registrar shall send a certified copy of the newly amended record of birth, death or marriage to the applicant without additional charge, except for those amendments that are filed within one year of the date of occurrence of the event.

103255. The amendment shall be filed with and become a part of the record to which it pertains.

Answer 5

Is there a form or something where I can get the death certificate corrected to show married without going to Illinois. I am trying to help my aunt get Widow's Benefits at 84 years old from the VA

Answer 6

If the youngster changed into born into their marriage, then the deceased father changed into the legal father. The bio-dad ought to have had to declare his position and demand a DNA attempt a lengthy time period in the past, if he needed to make any declare. till and till the mother remarries and needs a stepfather adoption, there's no reason to get rid of the deceased father and challenge a sparkling beginning certificate to the youngster. If she basically needed to get rid of the deceased father for no particular reason, i imagine many states ought to have an challenge with that. If she needs to maximum options-blowing it and put in the bio-dad, they could push it via with DNA and all that, notwithstanding the courtroom would nonetheless settle on that the youngster born of the marriage remains the offspring of the lifeless guy, legally. they are saying as a lot as ten% of little ones born to married father and mother on the instantaneous are literally not the organic and organic baby of the husband. till there is a few reason to make it crucial, the courts are literally unlikely to pay a lot interest to this style of petition. For the courts to absorb each and each and every of the circumstances of paternity fraud ought to clog the courtroom device, frequently unnecessarily. do not change a certificate of stay beginning without sturdy reason and necessity. besides, how will it impact the youngster to be sure that they have an altered beginning certificate for no glaring reason, and that is how they locate out their dad changed into no longer their dad?

Answer 7

Death Records Search Database : http://DeathRecordsInfo.com

Answer 8

I think you need to find a record of the marriage license.