Vital Records Explained: Is 'Cause of Death' public record?

Vital records explained? Are death certificates public record?

It depends on state law (See the table below). For example, in Alaska, death certificates become public records 50 years after the date of death. Also, death certificates are exempt from FOIA (Freedom of Information Act).

The question is; how do you find out the cause of death of someone?

Quick take: are death certificates public records?

• It depends on state law (see the table below).- Death certificates become public record after a set period in some states.- You may request a death certificate from your state’s vital records website.- A death certificate contains personal information, cause of death, and the time of death.- If you are not a close relative, you may need a court order to view someone else’s death certificate in some states.

Vital records explained: How can I find out if someone has died?

Under the freedom of Information Act (FOIA), Americans have the right to access data/information recorded or filed by a public agency. According to the national archives, vital records/public records include:

• Birth certificates- Divorce decrees- Wills- Marriage licenses.- Death certificates.

In theory, all members of the public have the right to access the documents listed above. However, state law determines who may view the documents. In some states, only close family and persons who have “direct interest” may gain access to birth and death certificates and in others, birth and death certificates become public records after a set period.

For instance, (https://delcode.delaware.gov/title16/c031/sc01/index.html)

“When 72 years have elapsed after the date of birth, 40 years have elapsed after the date of death, or 50 years have elapsed after the date of marriage, the records of these events shall become public records, and information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records.”

How can I find out if someone has died?

If you are a close relative or if state law allows it, you may visit the agency that keeps your state’s vital records and file a request.

For example, if you are (https://ohio.gov/residents/resources/birth-and-death-certificates) or the (https://www.cdc.gov/nchs/w2w/index.htm)

What if you do not have a direct interest or close relationship with the deceased?

To get someone else’s birth certificate, most states require you to submit proof of relationship or an explanation on why you need the record. You may get death or birth certificates for research, but again, state law determines the amount of information you or a relative may receive.

In general, what you need to do is:

• Check state requirements/ vital record laws (creating a table)- Pay a fee- Order a death certificate

If you do not qualify, you may do the following:

• Contact close family members- Visit the local courthouse or law enforcement agency -with identifying information of the person.- Check online obituaries.- Check the person’s social media activity.- Use genealogy or historical sites.

What to remember:

• The FOIA act does not have an exemption for information about deceased persons.- The FOIA act allows federal and state agencies to withhold some information.- Medical records and death certificates are not public records.- Birth certificates and death certificates may become public records after a set period.- A death certificate is a record of the fact of death.- You may need a death certificate to get a burial permit.- State law determines who has authority to access death certificates and other vital records.- In some states, death certificates are publicly available at the county clerk's office or official state vital records website.- You may get an "informational" or “certified” copy of a birth certificate - depending on your relationship with the deceased.- A certified copy bears the official stamp.

What is a legal cause of death?

Legally, "cause of death" refers to an official determination of conditions that result in the death of a human. In almost all states, the law requires the appropriate authority to record the cause in a death certificate.

Death could be natural, accidental, suicide, or homicide.

How do I find out the cause of death?

As mentioned, in most states only close relatives have access to death certificates. Consequently, the easiest way to find the cause of death is to speak to the family, hospital, or funeral home. If the person was murdered, you should check police records or news reports from the area.

How do I find a death certificate in the US?

To find a death certificate, you must

• order a death certificate online or visit your county clerk’s office.- You may get an informational copy from the mortuary or funeral home.

Are autopsy reports public records?

In the US, autopsy reports are not public records, but close family records or persons who have direct interest may have access. For example, In California, under Cal Civ. Proc 130, the family of a deceased minor may request the state to seal autopsy reports. If that happens, you may need a court order to view the report. The statute reads, quote:

“upon the request of a qualifying family member of the deceased child, the autopsy report and evidence associated with the examination of the victim in the possession of a public agency, as defined in Section 6252 of the Government Code, shall be sealed and not disclosed, except that an autopsy report and evidence associated with the examination of the victim which has been sealed pursuant to this section may be disclosed**

Are death certificates public records?

As mentioned, it depends on state law and your relationship with the deceased. That means family members may request birth or death certificates from the appropriate state agency.

Use the table below to find out if death certificates are public records in your state.

State	death certificate related statute	Public record status	Request death certificate by state.
** Alabama** ** **	Ala. Code § 22-9A-21(f)	Death certificates become public records 25 years after death.	Alabama Public Health (https://www.alabamapublichealth.gov/vitalrecords/death-certificates.html)
** ** Alaska ** **	AS 18.50.310(a), (f)	Death certificates become public records 50 years after death.	(https://dhss.alaska.gov/dph/VitalStats/Documents/death/death_form.pdf)
Arizona ** **		Available to next of kin and family members. You may file a FOIA request.	(https://azdhs.gov/documents/licensing/vital-records/application-certificate-death.pdf)
Arkansas ** **	Ark. Code Ann. § 20-18-304(a).		(https://www.healthy.arkansas.gov/images/uploads/pdf/RESOURCE_-_Application_DC.PDF)
California ** **		Public Records. Anyone may request a copy.	(https://rrcc.lacounty.gov/Recorder/PDFS/DeathRecord.pdf)
Colorado ** **	Colo. Rev. Stat. § 25-2-117(1).	You must have a “direct and tangible interest. Available to family and next of kin.	(https://cdphe.colorado.gov/order-death-certificate)
Connecticut ** **	Conn. Gen. Stat. § 7-51a Conn. Gen. Stat. § 7-41	Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://portal.ct.gov/DPH/Vital-Records/Applications-and-Forms)
Delaware ** **	16 Del. C. § 3110(f).	Death certificates become public records 40 years after death.	(https://www.dhss.delaware.gov/dhss/dph/ss/files/death.pdf)
Florida ** **	Fla. Stat. § 382.025(2) (2020).	Death certificates are partially available to all (cause of death and medical information excluded).	(https://hillsborough.floridahealth.gov/certificates/death/forms/index.html)
Georgia ** **		You must have direct and tangible interest. Available to next of kin, family, and the family’s legal representatives.	(https://www.leafcremation.com/content/media/LeafCremationofGeorgia/forms/GeorgiaDeathCertificate.pdf)
Hawaii ** **	Haw. Rev. Stat. § 338-18		(https://health.hawaii.gov/vitalrecords/death-certificates/)
Idaho ** **	Idaho Code § 74-106(4)(e) Idaho Code § 39-270(e).	Confidential for 50 years.	(https://healthandwelfare.idaho.gov/services-programs/birth-marriage-death-records/order-record)
Illinois ** **	Illinois Vital Records Act, 410 ILCS 535/1 5 ILCS 140/7(1)	Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://dph.illinois.gov/topics-services/birth-death-other-records/death-records/obtain-death-certificate.html)
Indiana ** **	Indiana Code Section 16-37-3-9	Not public records. Available to family, next of kin and legal representative.	(https://www.in.gov/health/vital-records/death-information/apply-for-a-death-certificate/)
Iowa ** **	Iowa Code § 144.43; Iowa Code § 144.26.	Death certificates become public record 75 years after death	(https://idph.iowa.gov/health-statistics/vital-records)
Kansas ** **	K.S.A. 45-221(a)	Not public records. Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://www.kdhe.ks.gov/DocumentCenter/View/11006/Death-Application-PDF)
Kentucky ** **	Ky. Rev. Stat. 213.131	Not available to the public.	(https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/death-certificates.aspx)
** Louisiana** ** **	La. Rev. Stat. Ann. § 40:41(C)(5)	Not available to the public. Available to family, next of kin and funeral director upon request.	(https://ldh.la.gov/page/2663)
Maine ** **	22 M.R.S.A. § 2706.	Not public. Available to family, attorney, next of kin. You may need a court order.	(https://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/documents/pdf-files/vrform2.pdf)
Maryland ** **	Code Ann., Health-Gen Art. § 5-310(d)(2). 4-101(g)(3), 4-502	Only available to family, next of kin, and persons named in the certificate.	(https://health.maryland.gov/vsa/Pages/death.aspx)
Massachusetts ** **		Public record. Anyone may request a copy.	(https://www.mass.gov/how-to/request-a-death-certificate)
New Hampshire ** **	RSA 5-C:9.	Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://sos.nh.gov/archives-vital-records-records-management/vital-records-information/vital-records-division-forms/)
New Jersey ** **	N.J.A.C. 8:2A-2.1	Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://www.state.nj.us/health/vital/order-vital/forms-public/)
New Mexico ** **	NMSA 1978 § 24-14-27(C).	Death certificates become public record 50 years after death.	(https://www.nmhealth.org/about/erd/bvrhs/vrp/death/)
New York ** **	Public Health Law Section 4174(1)(a)	Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://www.health.ny.gov/vital_records/death.htm)
North Carolina ** **	G.S. § 130a-99.	Death certificates are not public record in North Carolina. Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://vitalrecords.nc.gov/forms.htm)
North Dakota ** **	N.D.C.C. § 23-02.1-27.	Confidential. Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://www.health.nd.gov/vital/certified-copies-death-records)
Ohio ** **	Ohio Rev. Code § 313.10.	Public record excluding photographs, medical records, police records, and photographs. Anyone may request a copy	(https://cdn2.hubspot.net/hubfs/621629/Death_Certificate_with_Highlights.pdf)
Oklahoma ** **	63 O.S. § 1-323(A).	Not public records. Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://www.ok.gov/health2/documents/VR_DRRequest_interactive.pdf)
Oregon ** **	ORS 432.350,	Abstracts are public record. Certified copies become public record 50 years after death.	(https://www.oregon.gov/oha/PH/BIRTHDEATHCERTIFICATES/GETVITALRECORDS/Documents/deathor.pdf)
Pennsylvania ** **	35 Pa. Stat. § 450.804.	You must show “direct interest” Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://www.health.pa.gov/topics/certificates/Pages/Forms.aspx)
Rhode Island ** **	R.I. Gen. Laws § 23-3-3.	Not public records.	(https://health.ri.gov/forms/recordrequest/Death.doc)
South Carolina ** **	S.C. Code Ann. § 44-63-84.	Available to: FamilyAttorney/legal representativeInsurer Next of kin You must show “direct and tangible interest”	(https://scdhec.gov/sites/default/files/Library/D-2594.pdf)
South Dakota ** **	SDCL §§34-25-1	Public record. Anyone may request a copy	(https://doh.sd.gov/documents/Records/StateApplication.pdf)
Michigan ** **	Mich. Comp. Laws § 333.2882.	Public record. Anyone may request a copy.	(https://www.michigan.gov/documents/deathapp_6467_7.pdf)
Minnesota ** **	§41-57-2.	Public record. Anyone may request a copy.	(https://www.health.state.mn.us/people/vitalrecords/docs/dcappia.pdf)
Mississippi ** **	§41-57-2.	You must have “legitimate and tangible interest” Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://msdh.ms.gov/msdhsite/_static/31,1248,109,62.html)
Missouri ** **			(https://health.mo.gov/data/vitalrecords/obtain-vital-record.php)
Montana ** **	Mont. Code Ann. § 50-15-122(5)(a) Mont. Code Ann. § 50-15-121(4).	Public record. Anyone may request a copy.	(https://dphhs.mt.gov/vitalrecords/vitalrecordsforms)
Nebraska ** **	Neb. Rev. Stat. §71-612	Public record. But you must have “proper purpose.”	(https://dhhs.ne.gov/Vital%20Records%20Documents/DeathCertificateApplication.pdf)
Nevada ** **		Public record. State statutes do not directly address death certificate status.	(https://dpbh.nv.gov/Programs/BirthDeath/dta/Forms/Birth/Death_Vital_Records_-_Forms/)
Tennessee ** **	T.C.A. § 68-3-205	Available only to: Family Next of kinLegal representative Domestic partnerFederal agencies Researchers (partial)	(https://www.tn.gov/content/dam/tn/health/documents/vital-records/PH-1663-Application-For-Certified-Copy-of-Certificate-of-Death.pdf)
Texas ** **	Op. Tex. Att'y Gen. OR2005-07470	Death certificates become public record 25 years after death in Texas. Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://www.dshs.state.tx.us/vs/forms.aspx)
Utah ** **	Utah Code § 26-2-22(4)(b).	Death certificates become public record 50 years after death. You must show “direct, tangible, and legitimate interest.	(https://vitalrecords.health.utah.gov/forms-and-links)
Vermont ** **	18 V.S.A. § 5002,	Public record. Anyone may request a copy.	(https://www.healthvermont.gov/sites/default/files/documents/pdf/HS_VR_App_Certified-Copy-Birth-Death-Form.pdf)
Virginia ** **	N/A	Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://www.vdh.virginia.gov/content/uploads/sites/93/2020/03/VS6D_Death-application_Fillable_PDF.pdf)
Washington ** **	N/A	Available to: FamilyAttorney/legal representativeInsurer Next of kin Death certificate include a confidential section that is not available to the public.	(https://doh.wa.gov/licenses-permits-and-certificates/vital-records/forms-vital-records)
West Virginia ** **	N/A	Public record. Anyone may request a copy. Certified copies Available to: FamilyAttorney/legal representativeInsurer Next of kin	(https://www.wvdhhr.org/bph/hsc/vital/forms/deathfm.pdf)
Wisconsin ** **	Wis. Stat. § 69.18(1m).	Public record excluding cause of death and medical records.	(https://www.dhs.wisconsin.gov/forms/f0/f05280.pdf)
Wyoming ** **	N/A	Public records.	(https://health.wyo.gov/admin/vitalstatistics/)

Note: “direct, legitimate and tangible interest” typically refers to persons including:

• Children- Parent/guardian/grand parents- Brother/sister- Spouse/next of kin- Researches- Legal representatives- Insurers.

Other Vital Records Laws

• (/are-911-calls-public-records/)- (/are-autopsies-public-record/)- (/how-to-check-if-your-record-has-been-expunged/)- (/are-birth-certificates-public-records/)- (/are-cause-of-death-records-public/)