How to Get a Death Certificate After a Loved One Dies

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Closeup of a blank death certificate from the state of California.The most recent data from the National Center for Health Statistics (NCHS) indicates more than 3,400,000 deaths in the United States in 2021. When someone dies, the local government issues a formal document known as a death certificate.

The death certificate provides the date, location, and cause of death. Most state forms follow the Centers for Disease Control and Prevention’s (CDC) U.S. standard certificate of death.

When a loved one passes away, it’s important to get a death certificate. This document is necessary to handle the financial and legal affairs of the deceased person.

In fact, most end-of-life matters require a death certificate. Offering proof that an individual has died allows surviving loved ones to decide. Still, many people do not know they need proof of death or know how to apply for a death certificate.

Following the death of a loved one, you’ll need a copy of the death certificate to do tasks such as making burial or cremation arrangements, transferring bank accounts and assets, and filing insurance claims.

Where to Get a Death Certificate

In most cases, you can get a death certificate through your county’s vital records office. You may also be able to get a certificate of death through the state Department of Health. Vital records offices maintain and issue official documents related to significant life events such as births, deaths, marriages, and divorces.

Typically, the county where the person resided issues the death certificate. However, when people die away from home, the county where the death occurred creates the death certificate.

The CDC’s website has a directory of state vital records offices, which can help you find your local office.

How Do I Find a Death Certificate?

To find a death certificate, you’ll first need to identify the jurisdiction where the death occurred. Next, contact the appropriate local vital records office.

Once you have found the office, you’ll need to request the certificate, either in person or online. To make the request, you’ll need the full name, date of death, and last county of residence of the deceased person. You’ll also need a form of identification to prove that you are a close family member, unless enough time has passed to make the death certificate part of the public record.

The office will require a fee, which generally ranges from $5 to $30 per copy. AARP recommends getting five to 10 copies.

Are Death Certificates Public Record?

Certain close family members can access the death certificate soon after the death. Others must wait until it becomes a public record.

In most states, death certificates become public records after a certain period, such as 25 years. Soon after an individual passes away, only close family can obtain the certificate. These individuals include spouses, siblings, and children. Others who may be able to receive a copy of the death certificate include the personal representative or executor of the estate and beneficiaries.

Inquire with your state’s vital records office to determine when death records become public in your state.

How Long Does It Take to Get a Death Certificate?

Obtaining an official death certificate can take between two and four weeks after making a request with the vital records office.

In most cases, the process of creating a death certificate begins within 72 hours of the death, when the coroner or medical examiner confers with a spouse or relative to verify information such as the deceased’s Social Security number, birth date, and professional information. The coroner or medical examiner then submits the document to the vital records office.

Some factors can prolong the process. For instance, states with paper filing services tend to take longer. Legal concerns can also cause complications. In cases with ongoing investigations, state governments typically require the certificate to list the cause of death. If the death is still under investigation, officials may need more time to determine the cause.

Contact Your Estate Planning Attorney

Following the death of a loved one, handling legal tasks can be overwhelming. When you work with your estate planning attorney, you can focus on grieving and healing while they help you with tasks such as obtaining a death certificate.

What You Should Know About Prepaid Funeral Plans

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Mourner holds lillies in one hand and places the other on a casket during a funeral service.How Much Are Funeral Costs in the United States?

Funerals rank among the most expensive purchases many consumers will ever make. As of 2023, the median cost of a traditional funeral, with casket and burial, was $8,300.

The average cost varies depending on where you live as well. Data from 2024 shows that average funeral costs (for burial or cremation) are highest in the following seven states: Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. Any “extras,” like flowers, death notices, acknowledgment cards, and limousines, can bring the total to well over $10,000.

The process of organizing a funeral or celebration of life for someone else is an overwhelming and emotional one. Many people consider a funeral or burial a reflection of their feelings for their deceased family member or friend. As a result, they may tend to “overspend” on these services.

Planning Your Own Services

Today, an increasing number of people are planning their own funerals or memorial services. They may also designate their funeral preferences in detail and sometimes even pay for funeral ceremony in advance.

In part, they may pursue a prepaid, or “pre-need,” funeral plan to help relieve their family members of the financial burden. They also do this to offer them some peace of mind. With plans already in place, their loved ones can forgo certain decisions amid their grief, when they’re likely also overwhelmed with other pressing tasks.

Prepayment for funeral services can serve as an effective Medicaid planning strategy, too. For example, you may be looking to apply for Medicaid and need to spend down your assets to qualify for the program. Opting into a prepaid funeral contract can help you do this.

In addition to burial or cremation costs like caskets, urns, or burial plots, you may be able to include other expenses in your prepaid funeral plan. This can vary, but may include:

  • transportation to a cemetery for your family members
  • floral arrangements
  • gravesite services
  • catering
  • services of a funeral director

What to Look Out for When Prepaying for Funeral Services

However, consumers lose millions of dollars every year when pre-need funeral funds are misspent. A funeral provider could mishandle, mismanage, or embezzle the funds. Some go out of business before the need for the pre-paid funeral arises. Others sell policies that prove to be virtually worthless.

In the 1980s, consumers received some protection from unscrupulous funeral providers with the creation of the Funeral Rule. Under this rule, the Federal Trade Commission (FTC) requires funeral providers to give consumers accurate, itemized price information and other specific disclosures about funeral goods and services.

Unfortunately, the Funeral Rule does not apply to many of the features of pre-need contracts that fall under state law. Plus, protections vary widely from state to state. Some state laws require the funeral home or cemetery to place a percentage of the prepayment in a state-regulated trust or to purchase a life insurance policy with the death benefits assigned to the funeral home or cemetery. Other states, however, offer buyers of pre-need plans little or no effective protection.

The FTC recommends exploring several aspects of a pre-need funeral arrangement in detail before you sign up. Consult with your attorney on these ideas before signing anything. The following come from tips the FTC shares on its Shopping for Funeral Services consumer advice page:

  • Ask what will happen to the money you will spend on a prepaid contract. States have different requirements for handling funds paid for prearranged funeral services.
  • Get information on what happens to the interest income on the money you prepaid and put into a trust account.
  • Determine whether or not you’ll have any protection if the firm you dealt with ever goes out of business.
  • Can you cancel the contract and get a full refund if you change your mind?
  • You may move to a different area or pass away when you are away from home. Determine whether someone can transfer your prepaid funeral plan if necessary. (This is often possible at an added cost.)
  • In addition, get details on exactly what you are paying for and compare this with other funeral providers.
  • Confirm that the price you are prepaying is final. You want to avoid anyone having to owe additional money to cover funeral expenses once you’ve passed away.

Communicate With Your Loved Ones

Of course, you can avoid many of these pitfalls by making decisions about your arrangements in advance, but not paying for them in advance. Either way, tell your family about the plans you’ve made and also make them aware of where you’ve filed the pertinent documents. You may also wish to consult your attorney on the best way to ensure that your family members follow through on your wishes.

If you’re just beginning to do your research and compare prices, connect with trusted loved ones on funeral homes they may recommend. See if one of them would be willing to join you when you make visits to different homes.

Consider a Payable on Death Account

To guarantee money is available to pay for your funeral, work with your bank to set up a payable-on-death (POD) account. (Note: Not all states offer POD accounts as an option.) Name the person who will be handling your funeral arrangements the beneficiary (and make sure they know your plans).

With a POD account, you will be able to maintain control of your money while you are alive. Then, when you pass away, it is available immediately to the beneficiary, without having to go through probate.

You be interested in exploring other potential options for prepaying, such as final expense insurance (also called burial insurance). Your insurance provider or your estate planning attorney can help you identify a suitable policy.

What Else to Keep in Mind

In some cases, it can be more convenient and less stressful to “price shop” funeral homes by telephone or online, rather than in person. The Funeral Rule requires funeral directors to provide price information to anyone who asks for it.

If you have questions about your state’s laws, most states have a licensing board that regulates the funeral industry. Your estate planning attorney also has the expertise to help you with planning and to guide you on your rights.

Getting to know probate

Getting to Know Probate

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Getting to Know Probate

You can minimize or avoid probate entirely by getting to know probate and working with an estate planning attorney. Probate proceedings are part of the public record and can be very time-consuming and expensive. However, in nearly every case, some probate is necessary, so it is important to understand how to navigate the process.

Probate proceedings seek to validate the decedent’s last will and retitle the estate’s assets into the name of heirs according to the deceased’s wishes. These court-supervised proceedings ensure estate debts are paid and oversee the distribution of assets to heirs.

After losing a loved one, the family will generally come together and hopefully encounter a properly written will and other crucial estate planning documents. Without a well-organized plan, the probate process can take much longer. Family members will be tasked with gathering information necessary for court.

Probate Court Proceedings

The petitioner, usually the estate executor or succession representative, will begin the process by filing a death certificate and a last will to the probate court. It is also useful to produce a list of know creditors and names and contact data of the decedent’s heirs. Smaller estate probate processes and those estates not contested by heirs can usually work through probate fairly quickly and efficiently.

Laws regarding probate are state-specific, and most states set valuation thresholds. In Louisiana an estate value is less than $125,000 may allow your lawyer to reduce court filing fees or even avoid probate court altogether.

For larger value estates, there is a substantial amount of necessary paperwork to validate the will, determine asset distribution, settle disputes, pay off remaining debts, and ultimately close the estate by paying the decedent’s final taxes. A checklist of documents to gather getting to know probate include :

  • Death certificates
  • Final will
  • Revocable trust documents
  • Heir and beneficiary contact data
  • Beneficiary designations
  • Pre or post-nuptial agreements
  • Previous three years of federal and state income and gift tax returns
  • Life insurance policies
  • Real estate deeds
  • Vehicle titles
  • Statements of financial accounts
  • Contracts and business agreement documents
  • Appraisals for high-value art, collectibles, or jewelry
  • Other known assets
  • Known debts
  • Ongoing bills
  • Medical and funeral expenses

Probate Proceedings Without a Will

The decedent’s residence states intestacy laws will apply if your loved one dies without a last will (intestate). All personal property without a beneficiary designation will be subject to the probate process at the court’s direction.

But some assets will avoid the probate process under state property title, state contract, or state trust law. These assets may include:

  • Beneficiary designate life insurance policies
  • Beneficiary designate retirement funds
  • Beneficiary designate annuities
  • Pay-on-death or transfer-on-death accounts
  • All trust property (in most circumstances).

Cost of Probate

Complex probate processes can be costly and take years to finalize, which is why many individuals retain an estate planning attorney to minimize probate proceedings. Lengthy proceedings can be frustrating for heirs getting to know probate who are rightful beneficiaries but must comply with the probate process. The average cost of probate varies by state; however, five to ten percent of an estate’s value in administrative costs and legal fees is not atypical. Some estates may lose as much as twenty percent of their value.

Other fees may include executor compensation, court fees for filings and paperwork, and a probate bond. After the probate proceedings are complete, a probate bond may be refunded. The most common reason for high probate costs occurs when beneficiaries contest the will, as ongoing litigation can be expensive. Issues relating to preparing and filing the decedent’s last federal estate tax return and any ensuing audit may also increase the cost of the probate process.

Most individuals will create an estate plan with their lawyer that allows assets to pass outside the probate process, typically through creating a revocable living trust. Depending on your situation, your estate planning attorney may recommend other types of trusts as well as ensure that named beneficiaries on accounts that pass outside of probate are up to date. Regularly reviewing your estate plan with your attorney can help minimize probate court interactions and streamline your heir’s inheritance process. For assistance, please contact our Ruston, LA office by calling us at (318) 255-1760.

Understanding Probate Court

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Probate is the process of validating someone’s will and making certain that an executor handles the assets, debts, and tax filings legally and in line with the decedent’s wishes. In Louisiana, a probate proceeding is known as a succession. Under most circumstances, to begin probate or open a succession,” an interested person, usually next of kin,  must file with the parish court where the decedent lived, even if there is a property for dispersal in another state. (For immovable property (real estate), an ancillary succession / probate must also be filed in the state where the land is located.)

By law, when a person dies, their estate must be dispersed among heirs, and outstanding debts paid and the filing of final government taxes, if applicable. These tasks are the responsibility of the named executor in the decedent’s will. If the decedent dies intestate (without a will), the probate court may assign an administrator to determine asset distribution to the heirs as outlined by Louisiana law, unless the distribution is relatively straightforward or the heirs otherwise agree.

What are the Steps of the Probate Process?

Very generally, after the will is approved by the judge and executor receives approval serving, the executor will receive Letters Testamentary from the court, which is a document that authorizes the executor to act for the estate and carry out the decedent’s wishes according to how their will is written. If there are deficiencies or requests for supplemental information, the court will set a future date for approval and review the additional data. Letters Testamentary  are essential to moving forward, and the executor should get them as quickly as possible and get two or three certified copies. 

If the probate court finds everything in order and determines the will in question to be legally valid, the approved executor sets about dispersing the assets to heirs, handling outstanding debts, and paying the decedent’s final taxes. If an heir is disgruntled regarding their share of assets to be received or left out of the will entirely (and if the person is a “forced heir”),  they may petition the probate court to effect a change. Contesting a will to a probate court as a potential or disgruntled heir usually involves claims that the decedent was:

  • Not of sound mind (mental state) when writing their will
  • Under undue influence
  • Suspicions of will fraud or forgery
  • Improper will execution

Also, if the descendant was under 24 years old or disabled, he or she may be a forced heir and thereby entitled to a certain portion of the estate, regardless of what the will states. Likewise, creditors who have a claim against the estate may also petition the probate court if the debt claim is not paid in its entirety. Generally, these debts are personal loans, credit card debt, medical expenses, and unpaid bills.

Understand Petitioning Probate Court

An heir or creditor may petition the probate court about their rights to the estate if the executor denies their claim. The probate court’s job is to determine if the claim is legitimate or not in response to a petition filing. Acting on the filing, the court will set a hearing date, and all relevant parties will receive notice of that date and time. The parties to receive notice include the executor , heirs, creditors, and anyone named in the will. These challenges to an estate require a knowledgeable probate litigation attorney to get the best results.

The executor provides detail of his actions regarding the estate to the probate court judge through a yearly accounting. At the end, he will file a final accounting and proposed distribution.   The judge will review the information and determine if all actions are in order, and if there are no objections,  the judge will sign a Judgment of Possession transferring title to the property. The estate will then be closed.

The Value of Working with an Attorney During Probate 

The probate court process can be lengthy and complex or short and straightforward depending on the size of the decedent’s estate, the validity or existence of their will, proper and prompt filing of information, and heir and creditor challenges to the estate.  Having an attorney assist you with your estate plan can help mitigate the risk of challenges later. Please contact our Ruston, LA office by calling us at (318) 255-1760 or schedule an appointment to discuss how we can help your planning needs to ensure your will won’t cost your family and loved ones time and money later.