Importance of Death Certificates in Administering Decedent’s assets.

In California, certified death certificates are essential for initiating estate administration, determining jurisdiction via the decedent’s residence, and managing beneficiary rights. These documents are required to transfer title for joint tenancy or real property, claim retirement assets, to claim Pay on Death (“POD”) and Transfer on Death (“TOD”) financial accounts, and to initiate probate and trust administration.

First, the relevant information on the decedent’s death certificate include the following: (1) date of death; (2) usual residence; and (3) marital status; and (4) cause of death

These items of information are relevant as follows: First, the date of death triggers the administration of the decedent’s assets; Second, the decedent’s usual residence determines in what county any possible in-state probate proceedings would proceed; Third, the marital status confirms whether there is a surviving spouse who may be entitled as an heir to receive some or all of the decedent’s estate, or, alternatively, if the decedent was divorced or unmarried that such person is, generally speaking, no longer entitled to an inheritance; and Fourth, the cause of death can be relevant to life insurance claims and even to inheritances if the decedent was murdered by an heir or a beneficiary who is then no longer entitled to inherit.

Second, a physical certified copy of the death certificate is included as part of the administration process, such as in the following uses: First, to present to a financial institution (e.g., bank or brokerage) to remove a deceased joint tenant’s name from an account; Second, attached to an recorded affidavit of death of joint tenant to transfer title to surviving joint tenants; Third, attached to an Affidavit of Successor Trustee to replace a deceased trustee; Fourth, attached to an Affidavit on a Transfer on Death Deed to retitle real property into beneficiary’s name; Fifth, attached to an Affidavit of Death of Life Tenant to terminate the life tenancy; Sixth, accompanying an insurance beneficiary claim to received insurance death benefits; Seventh, attached to a Declaration of Small Estate to claim personal property or real property of small value; Eighth, accompanying a death beneficiary retirement claim packet to receive retirement assets such as pensions and Individual Retirement Assets; Ninth, in order to complete an IRS SS-4 application for a federal Employer Identification Number on behalf of the decedent’s personal representative in a probate or successor trustee in a trust administration; and Tenth, as attachments to Notices to various public governmental agencies, including, Department of Health Care Services, California Franchise Tax Board, and Department of Correctional Facilities. The foregoing ten uses for a certified death certificate are not exhaustive, more exist.

Third, obtaining a certified death certificate can be substantially delayed for numerous months when an autopsy is required due to the nature of the death. The forensic labs may be outside of the County where the decedent died.

Fourth, only certain eligible persons are entitled to obtain a certified death certificate. These include immediate family members of the decedent, the court appointed personal representative of the decedent’s estate, the attorney for such representative, and the director of a funeral home.

Everyone else is only allowed to obtain an information only death certificate which cannot be used for any legal, financial, or official purpose that requires proof of identity or a legally verified relationship. That can be a difficulty for some alternative beneficiaries named on a retirement account who need to prove that the primary beneficiary is deceased in order to claim death benefits.

Lastly, death certificates may have incorrect information. It is necessary to carefully review the death certificate. If there is an error submit an amendment form to the California Department of Public Health – Vital Records (CDPH-VR). An amendment form is officially attached to the original death certificate to create a new, updated record.

The foregoing brief discussion is not legal advice. For legal guidance consult a qualified attorney. Dennis A. Fordham, attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at Dennis@DennisFordhamLaw.com and 707-263-3235.