Delaware Death Records: Are They Public + How to Get Them

Delaware is a closed-record state for death certificates. A death record stays confidential and is not open to public inspection until 40 years have elapsed after the date of death. Until then, only the deceased person's spouse, children, parents, guardian, or an authorized representative may buy a certified copy from the Office of Vital Statistics.

Are Death Records Public in Delaware?

No. Delaware is a closed-record state for death certificates. Under the state vital statistics law, the records and files of the Office of Vital Statistics are confidential and are not open to public inspection or copying.

A Delaware death certificate does not become a public document until 40 years have elapsed after the date of death. This waiting period is set in 16 Del. C. § 3110, which also makes birth records public 72 years after the date of birth.

Before that 40-year window closes, a death record can only be released to a person on the statutory eligibility list. This is a stricter standard than open-record states, where anyone can buy a certified copy of any death certificate.

The restriction protects the privacy of recently deceased individuals and their surviving relatives. Sensitive details, including the medical cause of death, are part of the confidential record.

Who Can Request a Delaware Death Record?

Only people with a defined relationship or legal interest may obtain a certified copy of a confidential Delaware death record. The State Registrar issues certified copies to the deceased person's spouse, children, parents, or guardian, or to their authorized representative.

The law also allows release to a person who demonstrates that the record is needed to determine or protect a personal or property right, or for a documented genealogical purpose. The Division of Public Health's regulations define the additional authorized parties in more detail.

Every applicant must state their relationship to the deceased on the request form. An authorized representative acting for someone else must explain how the record will be used, show the client's relationship to the deceased, and cite the law or regulation that makes them eligible.

A copy of a valid government-issued photo ID is required with every request. Acceptable identification includes a driver's license, state ID, or work ID.

For context on how access rules vary nationwide, see Death Records by State and Are Cause of Death Records Public?.

How to Get a Delaware Death Certificate

The Delaware Office of Vital Statistics, part of the Division of Public Health, issues certified death certificates. The main office is in the Jesse Cooper Building at 417 Federal Street, Dover, DE 19901.

You can request a certificate in three ways:

In person

Walk-in service is available at three locations: the Jesse Cooper Building in Dover, the Chopin Building at 258 Chapman Road in Newark, and the Adams State Service Center at 546 S. Bedford Street in Georgetown. All locations are open Monday through Friday, 8:00 a.m. to 4:00 p.m., except holidays.

By mail

Send a completed application, a copy of your valid photo ID, and the fee to the Office of Vital Statistics in Dover. Mail requests take longer than in-person service because of processing and return-mail time.

By phone or online (third-party vendor)

Credit-card orders can be placed through the state's authorized fulfillment vendors. These independent services charge an additional processing fee on top of the state fee.

Fee and processing

The fee is $25.00 per certificate. Delaware law adds a mandatory $2.00 surcharge to the copy fee for each death certificate, and that money funds the state's Distressed Cemetery Fund (29 Del. C. § 7907A). The surcharge is set by statute, so it is not a voluntary donation you can decline.

There is one fee exception written directly into the death certificate statute. The State Registrar must furnish a certified copy of a veteran's death certificate free of charge, one time, to a relative of the veteran, provided that copy is essential to settling a claim involving the veteran's affairs (16 Del. C. § 3132(d)). Ask for the waiver when you apply rather than paying first.

If the record cannot be located after a search, the fee is retained as a search fee. In-person requests are typically processed the same day, while mail requests take longer.

Is the Cause of Death Public in Delaware?

No, not while the record is confidential. The medical cause of death is recorded on the certified death certificate, and the entire certificate is restricted for 40 years after the date of death.

Because Delaware does not separate the cause of death into its own public document, the only way to obtain it during the confidential period is to qualify as an eligible requester for the full certified record. Once the 40-year period elapses, the record, including the cause of death, becomes public.

This is different from autopsy and medical examiner records, which follow their own access rules. For more on those, see Are Autopsies Public Records?.

How Far Back Do Delaware Death Records Go?

Delaware's modern statewide death registration system has recorded deaths for well over a century, and records that are at least 40 years old are open to the public. Older certificates and indexes are generally maintained by the Delaware Public Archives for genealogical research.

For deaths that occurred recently, you cannot use the public-record route. You must instead qualify under the eligibility list at the Office of Vital Statistics.

On the national level, there is no single federal database of individual death certificates. The CDC's National Center for Health Statistics (NCHS) compiles aggregate mortality data through the National Vital Statistics System, but it directs the public to each state's vital records office to obtain an actual certificate.

The Social Security Administration maintains a Death Master File, and the public version excludes deaths that occurred within the last three calendar years under the Bipartisan Budget Act of 2013. For related guidance, see Are Birth Certificates Public Records?.

Delaware Death Records at a Glance

Disclaimer: This page provides general legal information about public records access in Delaware, not legal advice. Rules, fees, and processing times change. Always confirm current requirements with the Delaware Office of Vital Statistics before relying on this information.

Sources

This page is based on the Delaware vital statistics statute and the Delaware Office of Vital Statistics, together with national guidance from the CDC and the Social Security Administration.