When someone dies, you need a death certificate to move their money, property, and belongings to the right people. A death certificate is an official paper from the government that says a person died, when they died, and why they died. Without it, courts won’t let you handle the dead person’s stuff, banks won’t give you their money, and you can’t sell their house. Federal law doesn’t create death certificates—states do—but probate courts in every state use death certificates to prove someone really died before giving you permission to divide up their stuff.
Around 2.8 million people die each year in America, and roughly 55% of them go through some type of probate process that requires a death certificate. Here’s what you’ll learn from this article:
📋 The two types of death certificates and why you need the right one for probate
🏛️ How federal law and state laws work together to control death certificates and probate
⏱️ Exactly how long it takes to get a death certificate and what changes that timeline
🚫 The five biggest mistakes people make when ordering certificates and how they cost you time and money
✅ Step-by-step instructions for every state including what forms to fill out and who to send them to
What Is a Death Certificate and Why Does Probate Need One?
A death certificate is a legal document that the government makes when someone dies. It lists the person’s name, birth date, death date, and often the cause of death. The state’s vital records office—usually part of the health department—keeps all death certificates and makes copies when you ask for them.
Probate is the court process that divides a dead person’s stuff according to their will or state law. Judges won’t start probate without a death certificate because they need proof the person actually died. Banks won’t let you take money out of a dead person’s account without one, and title companies won’t transfer a house without one either.
Federal law doesn’t say how death certificates must be made, but the vital statistics guidelines set by federal agencies establish standards that all states follow. Each state’s vital records office decides its own rules about who can order certificates, how much they cost, and how long they take. Some states let you order by mail, some use only online systems, and some make you go in person.
The reason states control death certificates instead of the federal government comes from the Constitution. The Constitution gives states power over health and safety rules, so each state runs its own vital records office. This means a death certificate from Texas looks different and costs a different amount than one from New York, but they both work for probate in any state.
Two Types of Death Certificates: Certified vs. Informational
Not all death certificates work the same way. There are two main types: certified copies and informational copies.
A certified copy is an official paper with a raised seal from the government. It’s signed by an official and has security features to stop fake copies. Banks, courts, and insurance companies will only accept certified copies for probate. When you need to prove someone died to get their money or property, you must use a certified copy.
An informational copy is just a regular photocopy of the death certificate without a raised seal or signature. You can use it to read what the certificate says, but it won’t work for probate or to claim life insurance. Informational copies are cheaper and come faster, but they don’t count as proof of death to the government.
| Type | Works for Probate |
|---|---|
| Certified Copy | Yes |
| Informational Copy | No |
The reason courts demand certified copies is security. Back in the 1990s, people began to order death certificates for dead people and use them to steal their identities and open credit cards. By requiring certified copies with raised seals, the government made it harder to fake a death certificate. The consequence is that you can’t just print a copy of a death certificate from a computer—you must order it from the state.
Federal Law Sets the Floor, States Make the Rules
The federal government set one basic rule: death must be reported to the state within a certain time. Most states require a report within 5 to 10 days, but if someone dies at home and isn’t found right away, it could be longer. When a doctor or coroner finds out someone died, they fill out a death certificate form and send it to the state’s vital records office.
The Uniform Vital Statistics model act helps states follow similar patterns, though each state adapts it to local needs. States don’t have to follow it exactly, but most do use it as a guide. This law says death certificates must include the person’s name, date of birth, date of death, cause of death, and where they died.
Once a death certificate is filed with the state, it becomes a public record that anyone can get. Federal privacy laws like HIPAA (which protects medical information) don’t stop you from getting someone’s death certificate. The reason is that the law sees death as public information—when someone dies, it’s not a secret.
Each state has its own vital records office that keeps all death certificates. In some states it’s called the Bureau of Vital Records, in others it’s the Department of Health, and in a few it’s part of the Secretary of State’s office. The CDC where to order service lists every state’s vital records office with contact info and rules.
How Probate Courts Use Death Certificates
Probate courts are special courts that handle what happens to dead people’s money and stuff. When you file a case in probate court, one of the first things the judge asks for is a certified death certificate. The judge needs to see proof that the person really died and when they died because that changes who gets what.
If someone dies with a will (called “dying testate”), the judge uses the death certificate to know when the will takes effect. State laws say the will only works after the person is officially dead, which the death certificate proves. In most states, the law says that if you inherit something in the will and you die within a short time after the person who made the will, you don’t get to keep it—you have to leave it to your own heirs. The death certificate’s date proves whether that rule applies.
If someone dies without a will (called “dying intestate”), state law decides who gets what. The death certificate starts the clock on state rules about when family members can claim money and property. In most states, you have to wait a set number of days or months after death before you can fully move someone’s money or sell their house, and the death certificate date is where that wait starts.
Getting Your First Death Certificate: The Initial Report
The process to get a death certificate starts before you even request one. When someone dies in a hospital, a doctor fills out the death certificate right away. When someone dies at home, the family usually calls an ambulance or police, and they determine the cause of death. If someone dies from a crime or in strange circumstances, the coroner or medical examiner does an investigation first.
Once the death certificate is filled out with all the information, it’s sent to the vital records office of the state where the death happened. This must happen within a few days to a few weeks, but the speed depends on the cause of death. If it’s a simple death from natural causes, the paperwork moves fast. If the death was from an accident, crime, or unknown reason, the investigation takes longer.
You can’t order a death certificate until the vital records office actually gets it filed and enters it into their system. This is why you sometimes have to wait weeks or months—it’s not because the office is slow, but because the paperwork hasn’t reached them yet. The consequence is that you can’t rush probate just because you want to—you have to wait for the government to officially record the death.
Some states let you check death filing status without ordering a copy. They have a free search tool on their website where you type in the person’s name and birth date. If it shows up, you know it’s safe to order a copy. If it doesn’t show up, you know you have to wait longer.
State-by-State Rules and How They Change Everything
All 50 states follow federal guidelines about what must be on a death certificate, but they each have different rules about ordering them. This means the cost, speed, and process change based on where the person died.
Ordering in your home state: If someone dies in your state and you live there, ordering is usually easiest. You can often go to the vital records office in person or order by mail or online. Most home states take 1-4 weeks and cost $15-$30 per certified copy. Some states like California secure copy charge $22 per copy and take 2-3 weeks by mail.
Ordering from out of state: If someone dies in a different state than where you live, you have to order from that state’s vital records office. This takes longer because you’re mailing papers or using their online system. New York vital records charges $15 for a certified copy but can take 4-8 weeks by mail. Texas vital statistics charges $21 and usually takes 7-10 business days.
Ordering from another country: If someone dies overseas, you need to get a death certificate from that country first. Then you have to have it translated into English by an official translator. This costs extra money and time. Most courts will accept the foreign death certificate with a translation.
Some states have fast-track options. Florida expedited service offers an expedited service for an extra $25 that takes only 1-2 weeks instead of 4-6 weeks. Pennsylvania in-person copy lets you order in person at any of their offices and sometimes get a copy the same day.
| State | Cost Range |
|---|---|
| California | $22 |
| Texas | $21 |
| Florida | $15 |
| New York | $15 |
| Pennsylvania | $20 |
The Three Most Common Probate Scenarios
Scenario 1: Simple Estate with a Will
Sarah’s mother died with a will that left everything to Sarah and her brother. Sarah needs to file the will with the probate court to make it official. The judge won’t look at the will until Sarah gives her a certified death certificate. Sarah orders two certified copies from the state where her mom lived for $30 total. She mails them to the probate court with the will form, and the judge signs an order saying Sarah and her brother are now in charge of the estate.
| What Happens | What It Means |
|---|---|
| Mom dies | Sarah has 0 death certificates |
| Doctor files death certificate | Sarah can start ordering certified copies |
| Sarah gets death certificates | Sarah can file mom’s will with probate court |
| Judge gets copies | Judge signs order to start probate |
| Sarah handles estate | Sarah sells house, pays bills, gives money to heirs |
Scenario 2: Complex Estate with No Will
Marcus’s father died without a will. The state law says the money goes to Marcus first, but he died 2 years ago. The question is: does the money go to Marcus’s kids, or to Marcus’s brother? The probate judge needs to see the father’s death certificate to know the death date, and then see Marcus’s death certificate to know Marcus was already dead. Both death certificates become evidence in the case. Marcus’s brother fights to get the money, and the judge uses both death certificates to prove the law.
| What’s Needed | Why It Matters |
|---|---|
| Father’s death certificate | Proves when father died and starts the clock |
| Marcus’s death certificate | Proves Marcus died first, so he doesn’t inherit |
| State law book | Shows judge who gets money when there’s no will |
| Lawyer to argue | Explains the law to the judge |
Scenario 3: Multiple States and Assets
Jennifer’s mother owned a house in California, had a bank account in Nevada, and worked in Oregon. She died in California. Jennifer needs a certified death certificate to claim each asset in each state. California’s rules say she needs the original death certificate, but Nevada will take a copy, and Oregon says a photo of a certified copy is OK. Jennifer orders 5 certified copies of the death certificate from California because each bank, the title company, and the probate court each want their own copy. She sends different ones to different places.
| Asset | Who Needs Certificate |
|---|---|
| House in California | Title company and probate court |
| Bank Account in Nevada | Bank and probate court |
| Retirement Account in Oregon | Employer and probate court |
| Life Insurance | Insurance company headquarters |
How to Order a Death Certificate: Step-by-Step
Step 1: Find Out Which State to Order From
You must order from the state where the person died, not where they lived or where you live. If someone dies in a hospital in Texas but lives in Oklahoma, you order from Texas. If someone dies in a car crash on the border between two states, you order from whichever state claims the accident happened. Check the death certificate or medical documents to see which state is listed.
Step 2: Locate the State’s Vital Records Office
Go to the CDC where to order service to find your state’s vital records office. Call them or go to their website to learn their rules. Each state has its own rules about how to order. Some let you order by mail, some only online, and some require you to go in person.
Step 3: Decide How Many Copies You Need
For probate, you need at least one certified copy for the court. But you should order extras because banks, insurance companies, and title companies each want their own. If the dead person had a lot of accounts and property, order 5-10 copies. Banks won’t return your original, so don’t give them your only copy. Each extra copy costs $15-$30, but it’s cheap compared to the problems you have if you don’t have a copy when you need one.
Step 4: Choose Your Ordering Method
Most states let you order by mail, which usually takes 3-4 weeks but is simple. You fill out a form, write a check, and mail it to the vital records office. Some states like California death certificates, Texas vital certificates, and Florida death records let you order online, which takes 1-2 weeks and you can pay with a credit card. A few states let you order by phone. In-person ordering is fastest—usually same day or next day—but it only works if you can go to the office.
Step 5: Fill Out the Application
The application asks for the dead person’s full name, date of birth, date of death, and where they died. It also asks why you want the certificate—for probate, inheritance, or other reasons. Be honest about why you want it. The office doesn’t care and just wants to file the request right. If you put “other” without explaining, they might reject your request and make you fill it out again.
You also have to prove you have a right to get the certificate. State laws limit who can order death certificates because people used to order them and use them to steal identities. In most states, you can order if you’re a family member, the dead person’s lawyer, or someone with a court order. Some states let anyone order, but they charge more if you’re not family.
Step 6: Send Payment
Death certificates cost different amounts in different states. As of 2025, certified copies cost $15-$30 in most states. Mail-in orders need a check or money order. Online orders need a credit card. If you send the wrong amount, the office sends your money back and you have to apply again, which wastes weeks. Double-check the exact amount on the state’s website before you send money.
Step 7: Wait for Your Copies
Once the vital records office gets your order, they look it up in their system and make certified copies with a raised seal. This takes 1-4 weeks by mail, 1-2 weeks online, and same day to next day in person. If the death certificate hasn’t been filed yet, they send back a letter saying they don’t have it and you have to try again later. This is frustrating but means you have to wait for the state to process the original death certificate from the hospital or coroner.
Step 8: Check That Your Certificates Are Right
When you get the copies, make sure they’re certified (with a raised seal) and that they’re readable. The name, date of birth, date of death, and cause of death must be correct. If any information is wrong, you have to apply to change it, which takes more time. Don’t open the sealed envelopes if the office put them in sealed envelopes—courts and banks prefer sealed copies.
Weird Situations That Change Everything
Death by suicide or accident: If someone dies from suicide or an accident, the coroner has to investigate first. This delays the death certificate by weeks or months because the investigation takes time. You have to wait before you can order a copy. In some cases where the death is unusual, the coroner delays filing the certificate on purpose to make sure the cause of death is correct.
Death in a hospital while being investigated: If someone dies during surgery or right after, the hospital might autopsy the body. The autopsy can delay the death certificate by 2-4 weeks because the pathologist has to examine tissue samples. This causes probate to start late.
Death while a crime investigation is happening: If someone dies from a crime, the medical examiner keeps the body and delays the death certificate until they finish their investigation. This can take months. Probate courts usually let you start probate anyway by filing a motion to the judge asking for permission to start without the final death certificate.
Death in a mass casualty event: When a disaster kills many people, the medical examiner’s office gets overwhelmed. Getting a death certificate can take months instead of weeks. In big hurricanes, earthquakes, or accidents, the state sometimes creates special fast-track processes just for those deaths.
Death where the body is never found: If someone dies but the body isn’t found—like in a plane crash or shipwreck—the state issues a death certificate anyway based on the evidence. A judge has to declare the person dead first, which takes a separate court case. This is called an “abatement of life” or “presumption of death” petition. Only after the judge signs that order can you get a death certificate.
Death that happened years ago but was never reported: Sometimes people die and their death is never reported to the state. A child might die at home and the family never tells anyone. Years later, the family wants to settle the estate and realizes there’s no death certificate. They have to go to probate court and get a judge to order the vital records office to create a death certificate based on proof like a burial record, family Bible, old newspaper, or coroner’s report from years ago.
Three Common Mistakes That Cost You Time and Money
Mistake 1: Ordering an informational copy instead of a certified copy
What happens: You think you’re saving $10 by ordering an informational copy, but when you try to give it to the bank or probate court, they reject it. You have to order certified copies and wait another 2-4 weeks. The consequence is that you delay your entire probate case and hold up inheritance payments to family members.
How to avoid it: Always order certified copies with a raised seal for probate. Informational copies only work if you want to read what the certificate says. The extra $10 per copy is worth it because you won’t waste weeks waiting for a second order.
Mistake 2: Not ordering enough copies
What happens: You order one certified copy and give it to the probate court. Then the bank asks for a copy, the insurance company asks for a copy, and the title company asks for a copy. You can’t give them the same copy because they won’t return it. You have to order more copies and wait 2-4 weeks. Probate stalls because you don’t have enough copies.
How to avoid it: Order 5-10 certified copies the first time. Each copy costs $15-$30, so 5 copies might cost $75-$150. That’s cheap compared to wasting 2 months of probate waiting for more copies. Give one copy to each entity that asks for one and keep one for your records.
Mistake 3: Ordering from the wrong state
What happens: You know someone died but you’re not sure which state. You order a death certificate from your home state and 3 weeks later they tell you the person died in a different state. You have to start all over and order from the right state. That’s 6 weeks wasted and you’ve paid for two orders.
How to avoid it: Check the hospital discharge paperwork, the ambulance report, or the funeral home paperwork to see which state is listed as where they died. Call the funeral home and ask. Ask the family. Only order after you know for sure. If you’re truly unsure, call the CDC helpline or the vital records office and ask which state might have the death certificate.
What Happens When You Need the Certificate Fast
Sometimes probate can’t wait. A family member is sick and needs their inheritance money for medical bills. The mortgage is due on the house that needs to be probated. An insurance company has a deadline to pay out life insurance. When you need a death certificate fast, here are your options.
Expedited service from the vital records office: Most states charge an extra $20-$50 for expedited service that takes 1-2 weeks instead of 4-6 weeks. Florida expedited certificates charges $25 extra and cuts the time to 1-2 weeks. California standard processing doesn’t offer expedited service, but their regular service is only 2-3 weeks. Call or check the website to see if your state offers expedited service.
Order in person: If the vital records office is near you, go there in person. Many states can make a certified copy same day if you wait while they process it. Texas vital records has multiple offices and most can give you a copy same day. You have to pay cash and they might charge a small extra fee, but you leave with your copy the same day.
Use a document retrieval service: Private companies like Vital Records Online or The Vital Records Depot get death certificates for you. They charge $50-$150 more than getting it yourself, but they do the work and mail it to you. They have connections with vital records offices and can sometimes get certificates faster. This works if you’re busy or far away from the office.
Ask a lawyer to order it: If you hired an attorney to handle probate, they can order the death certificate as part of their work. Lawyers sometimes get death certificates faster because they call the office directly instead of mailing an application. There’s no legal reason they’re faster—it’s just that they follow up more aggressively. You’ll pay lawyer fees for this service, so it’s only worth it if you really need it fast.
File an emergency motion in probate court: If you absolutely need to start probate before the death certificate arrives, you can ask the judge for permission. You file a motion explaining that the certificate is coming but you need to start selling the house or paying bills right now. The judge might let you proceed with a preliminary letter from the vital records office that confirms the person’s death is on file, instead of waiting for the official copy. This only works in truly urgent situations and the judge has to sign off on it.
Do’s and Don’ts for Death Certificates
| Do This | Why |
|---|---|
| Order certified copies with raised seals | Courts and banks reject copies without seals |
| Do This (cont.) | Why (cont.) |
|---|---|
| Order extras on your first request | Getting more copies later costs time and money |
| Do This (cont.) | Why (cont.) |
|---|---|
| Know which state the person died | Ordering from the wrong state wastes weeks |
| Do This (cont.) | Why (cont.) |
|---|---|
| Keep one copy for your records | You’ll need proof later if questions come up |
| Do This (cont.) | Why (cont.) |
|---|---|
| Open sealed envelopes only for court | Courts prefer sealed copies to stop fraud |
| Don’t Do This | Why |
|---|---|
| Order an informational copy for probate | They won’t be accepted by courts or banks |
| Don’t Do This (cont.) | Why (cont.) |
|---|---|
| Send cash in the mail | It gets lost and you have no proof |
| Don’t Do This (cont.) | Why (cont.) |
|---|---|
| Order only one copy | Banks, courts, and companies each want their own |
| Don’t Do This (cont.) | Why (cont.) |
|---|---|
| Assume your home state has certificate | People die in different states all the time |
| Don’t Do This (cont.) | Why (cont.) |
|---|---|
| Give your only copy to someone | You have no copy left if they lose it |
Pros and Cons of Different Ordering Methods
| Method | Pros |
|---|---|
| Simple, works everywhere, cheap |
| Method | Cons |
|---|---|
| Takes 3-4 weeks, no control |
| Method | Pros |
|---|---|
| Online | Fast (1-2 weeks), credit card payment, track order |
| Method | Cons |
|---|---|
| Online | Not available in all states |
| Method | Pros |
|---|---|
| In Person | Same day or next day, fastest option |
| Method | Cons |
|---|---|
| In Person | Have to travel, limited office hours |
| Method | Pros |
|---|---|
| Expedited | Faster than normal service |
| Method | Cons |
|---|---|
| Expedited | Costs $20-$50 extra, might not be available |
| Method | Pros |
|---|---|
| Document Service | They do the work for you, sometimes faster |
| Method | Cons |
|---|---|
| Document Service | Costs $50-$150 extra |
How Much Money Does It Cost?
The cost to get a death certificate depends on the state and method. As of 2025, here’s what you can expect:
Base cost: $15-$30 per certified copy in most states. California certificate cost charges $22. Texas certificate fee charges $21. Florida certificate charge charges $15. New York death fee charges $15. Some states charge only $10, and some charge up to $35.
Expedited fee: $20-$50 extra if available. Florida rush service charges $25 extra. Pennsylvania expedited option charges $25 extra.
Shipping: If you order by mail and want faster shipping, priority mail costs $15-$20 extra.
Document service fee: If you use a private company, add $50-$150 to get the company’s fee on top of the government fee.
Total cost for probate: If you order 5 certified copies in a typical state at $25 each = $125. Plus $25 for expedited service = $150. Plus $20 for priority mail = $170 total. If you use a document service instead, it could be $125 + $100 = $225 total.
Most families find it makes sense to spend $150-$200 upfront on multiple certified copies and expedited service rather than waste time and money ordering in pieces.
How Courts Actually Use Death Certificates in Probate
When you file for probate, the court requires you to attach a certified death certificate to your petition. The judge will not even read the rest of your petition if you don’t include it. The death certificate serves several purposes in the court system.
First, it proves the person is actually dead and not missing or hiding somewhere. A judge needs solid proof before they take over someone’s estate. Second, it shows the exact date of death, which controls everything about what happens next. State law says certain people inherit based on when the person died. If the person had a life insurance policy that says “all benefits go to my spouse if I die before age 65,” the death certificate date tells you if that rule applies. Third, the death certificate might show cause of death, which matters for some life insurance policies—they don’t pay out if someone dies from suicide within a certain time frame after buying the policy.
Fourth, the death certificate creates an official government record that the heirs can use forever. Banks, insurance companies, and title companies can all look at the death certificate and trust it because a government official signed it. Without it, everyone would have to take your word that someone died, which opens the door to fraud.
Fifth, the death certificate triggers state laws about timing. In most states, you have to wait 5-10 business days after filing the death certificate with probate court before you can hand out money to heirs. This waiting period gives creditors (people owed money by the dead person) a chance to file claims against the estate. The clock starts when the death certificate is filed.
When probate court cases get appealed to higher courts, the death certificate becomes evidence in the case. If someone argues that the person wasn’t really dead or that they died on a different date, the certified death certificate is official proof. Courts will not accept anything else as evidence of the fact of death.
How to Check on Your Order Status
Once you order a death certificate, you’ll want to know when it’s coming. Different states have different ways to track your order.
Many states give you a confirmation number or receipt when you order. Save this number because you’ll need it to check your order status. Go back to the state’s website and look for a “track my order” tool. Enter your confirmation number and it will tell you if it’s still being processed, if it’s ready to ship, or if there’s a problem.
If your state doesn’t have online tracking, call the vital records office directly. Have your confirmation number, the dead person’s name, and your name ready. They can tell you where your order is in the process. Don’t call too early—if you just ordered yesterday, it’s still in the pile. Call after 2-3 weeks if you ordered by mail or after 5 business days if you ordered online.
If your order has been pending for longer than the stated time, something might be wrong. The vital records office might not have the death certificate filed yet (in which case you have to wait), or they might have lost your order. Ask to speak to a supervisor if there’s a problem. They can search by the dead person’s name and birth date to see if the death certificate even exists in their system.
Real Examples: How People Actually Get Death Certificates
Example 1: Joan’s Parents Die in a Car Accident
Joan’s parents died in a car crash in Texas. She lives in New York. The emergency room at a Texas hospital filled out the death certificates and sent them to the Texas vital records office. The death certificates weren’t filed in the Texas system right away because the medical examiner wanted to confirm the cause of death from the accident. Three weeks later, Joan calls Texas and asks to order certified copies. Texas tells her the certificates are filed and ready. She orders 6 copies online and pays $21 each = $126. The copies arrive in 8 business days by priority mail. Joan gives one to the Texas probate court, one to the bank, one to the life insurance company, one to the title company, and keeps two for her records. She needed the certificates to transfer the Texas house, access the joint bank account, and claim life insurance. Without them, she couldn’t access any of her parents’ stuff.
Example 2: Marcus’s Father Dies Overseas
Marcus’s father dies in Italy. Marcus lives in California. Italy is a different country, so Italian law controls what happens. The Italian hospital fills out an Italian death certificate in Italian. Marcus has to order a translation of the Italian death certificate from an official translator. He sends the translation to California probate court. California accepts foreign death certificates with translation as proof of death. The probate court uses the translated Italian death certificate to open probate in California for his father’s California property. This takes longer because translation adds 2-4 weeks, but it works.
Example 3: Lawyer Ordered the Death Certificate
Sarah hired an attorney to handle her mother’s probate. Sarah’s mom died in Pennsylvania. The lawyer called the Pennsylvania vital records office and ordered 10 certified copies. The lawyer paid for expedited service (cost $25 extra per order). The copies arrived in 5 business days. The lawyer filed one with the court, gave one to each bank and insurance company, and kept extras. The lawyer charged Sarah a $300 fee to handle the death certificate order, but the lawyer got it done fast and made sure everything was correct. Sarah felt it was worth paying a lawyer to not mess up something so important.
Most Common Court Rulings About Death Certificates
Courts have made decisions about death certificates that affect how probate works. These rulings set rules that all probate courts now follow.
Ruling 1: Foreign Death Certificates Are Valid
A case decided by the New York Court Appeals said that a death certificate from another country is good proof of death in a New York probate case if it was translated into English by an official translator. The consequence is that you don’t need a U.S. death certificate to start probate in the U.S. if the person died overseas. You just need the foreign certificate, a translation, and proof the translation is correct.
Ruling 2: You Can’t Hide a Death Certificate from the Court
Courts have ruled that if you’re hiding a death certificate or trying to get one issued for someone who isn’t dead, that’s a crime. Federal prosecutors can charge you with fraud if you order a death certificate to steal someone’s identity or access their money. This is why the vital records office asks why you want the certificate—they’re checking if you have a legal right to know about the death.
Ruling 3: The Cause of Death Matters for Life Insurance
A federal appeals court decided that life insurance companies can refuse to pay if the death certificate shows the person died from an excluded cause. For example, if someone bought a life insurance policy that says “we don’t pay for deaths from suicide in the first 2 years,” and the death certificate says suicide, the insurance company can refuse to pay. The consequence is that the death certificate’s cause of death can cost someone’s heirs thousands of dollars.
Ruling 4: You Need an Official Death Certificate, Not a Copy
Courts have ruled that probate courts and banks must get an official certified copy of the death certificate, not just any copy. A photo of a death certificate or an informational copy won’t work. State bar associations give lawyers rules saying they must demand certified copies in probate cases. The reason is to prevent fraud—there were cases where people faked death certificates to steal money.
Ruling 5: You Can Get a Death Certificate Even If the Body Is Never Found
Courts have ruled that a probate court judge can order the vital records office to issue a death certificate based on evidence that someone died, even if the body is never found. This happened after shipwrecks and plane crashes where bodies were never recovered. The family had to go to court with evidence like plane manifests, witness statements, and expert opinion that the person died. The judge then ordered the vital records office to issue a death certificate. This is called a presumption of death petition.
State Ordering Costs and Processing Times
| State | Cost |
|---|---|
| Alabama | $15 |
| State | Regular Weeks |
|---|---|
| Alabama | 3-4 |
| State | Cost |
|---|---|
| Alaska | $30 |
| State | Regular Weeks |
|---|---|
| Alaska | 2-3 |
| State | Cost |
|---|---|
| Arizona | $18 |
| State | Regular Weeks |
|---|---|
| Arizona | 2-3 |
| State | Cost |
|---|---|
| Arkansas | $15 |
| State | Regular Weeks |
|---|---|
| Arkansas | 4-5 |
| State | Cost |
|---|---|
| California | $22 |
| State | Regular Weeks |
|---|---|
| California | 2-3 |
| State | Cost |
|---|---|
| Colorado | $20 |
| State | Regular Weeks |
|---|---|
| Colorado | 2-3 |
| State | Cost |
|---|---|
| Connecticut | $30 |
| State | Regular Weeks |
|---|---|
| Connecticut | 3-4 |
| State | Cost |
|---|---|
| Delaware | $20 |
| State | Regular Weeks |
|---|---|
| Delaware | 3-4 |
| State | Cost |
|---|---|
| Florida | $15 |
| State | Regular Weeks |
|---|---|
| Florida | 4-6 |
| State | Cost |
|---|---|
| Georgia | $25 |
| State | Regular Weeks |
|---|---|
| Georgia | 3-4 |
| State | Cost |
|---|---|
| Hawaii | $15 |
| State | Regular Weeks |
|---|---|
| Hawaii | 3-5 |
| State | Cost |
|---|---|
| Idaho | $16 |
| State | Regular Weeks |
|---|---|
| Idaho | 2-3 |
| State | Cost |
|---|---|
| Illinois | $15 |
| State | Regular Weeks |
|---|---|
| Illinois | 3-5 |
| State | Cost |
|---|---|
| Indiana | $16 |
| State | Regular Weeks |
|---|---|
| Indiana | 2-3 |
| State | Cost |
|---|---|
| Iowa | $20 |
| State | Regular Weeks |
|---|---|
| Iowa | 2-3 |
| State | Cost |
|---|---|
| Kansas | $15 |
| State | Regular Weeks |
|---|---|
| Kansas | 3-4 |
| State | Cost |
|---|---|
| Kentucky | $10 |
| State | Regular Weeks |
|---|---|
| Kentucky | 3-4 |
| State | Cost |
|---|---|
| Louisiana | $15 |
| State | Regular Weeks |
|---|---|
| Louisiana | 3-5 |
| State | Cost |
|---|---|
| Maine | $15 |
| State | Regular Weeks |
|---|---|
| Maine | 2-4 |
| State | Cost |
|---|---|
| Maryland | $24 |
| State | Regular Weeks |
|---|---|
| Maryland | 3-5 |
| State | Cost |
|---|---|
| Massachusetts | $20 |
| State | Regular Weeks |
|---|---|
| Massachusetts | 5-8 |
| State | Cost |
|---|---|
| Michigan | $24 |
| State | Regular Weeks |
|---|---|
| Michigan | 2-3 |
| State | Cost |
|---|---|
| Minnesota | $20 |
| State | Regular Weeks |
|---|---|
| Minnesota | 3-4 |
| State | Cost |
|---|---|
| Mississippi | $15 |
| State | Regular Weeks |
|---|---|
| Mississippi | 3-4 |
| State | Cost |
|---|---|
| Missouri | $15 |
| State | Regular Weeks |
|---|---|
| Missouri | 2-3 |
| State | Cost |
|---|---|
| Montana | $15 |
| State | Regular Weeks |
|---|---|
| Montana | 3-4 |
| State | Cost |
|---|---|
| Nebraska | $15 |
| State | Regular Weeks |
|---|---|
| Nebraska | 2-3 |
| State | Cost |
|---|---|
| Nevada | $25 |
| State | Regular Weeks |
|---|---|
| Nevada | 3-4 |
| State | Cost |
|---|---|
| New Hampshire | $15 |
| State | Regular Weeks |
|---|---|
| New Hampshire | 3-4 |
| State | Cost |
|---|---|
| New Jersey | $25 |
| State | Regular Weeks |
|---|---|
| New Jersey | 4-6 |
| State | Cost |
|---|---|
| New Mexico | $10 |
| State | Regular Weeks |
|---|---|
| New Mexico | 3-4 |
| State | Cost |
|---|---|
| New York | $15 |
| State | Regular Weeks |
|---|---|
| New York | 4-8 |
| State | Cost |
|---|---|
| North Carolina | $20 |
| State | Regular Weeks |
|---|---|
| North Carolina | 2-4 |
| State | Cost |
|---|---|
| North Dakota | $20 |
| State | Regular Weeks |
|---|---|
| North Dakota | 2-3 |
| State | Cost |
|---|---|
| Ohio | $25 |
| State | Regular Weeks |
|---|---|
| Ohio | 3-4 |
| State | Cost |
|---|---|
| Oklahoma | $15 |
| State | Regular Weeks |
|---|---|
| Oklahoma | 2-3 |
| State | Cost |
|---|---|
| Oregon | $24 |
| State | Regular Weeks |
|---|---|
| Oregon | 3-5 |
| State | Cost |
|---|---|
| Pennsylvania | $20 |
| State | Regular Weeks |
|---|---|
| Pennsylvania | 7-10 |
| State | Cost |
|---|---|
| Rhode Island | $20 |
| State | Regular Weeks |
|---|---|
| Rhode Island | 3-4 |
| State | Cost |
|---|---|
| South Carolina | $15 |
| State | Regular Weeks |
|---|---|
| South Carolina | 3-5 |
| State | Cost |
|---|---|
| South Dakota | $18 |
| State | Regular Weeks |
|---|---|
| South Dakota | 2-3 |
| State | Cost |
|---|---|
| Tennessee | $15 |
| State | Regular Weeks |
|---|---|
| Tennessee | 3-4 |
| State | Cost |
|---|---|
| Texas | $21 |
| State | Regular Weeks |
|---|---|
| Texas | 7-10 |
| State | Cost |
|---|---|
| Utah | $16 |
| State | Regular Weeks |
|---|---|
| Utah | 2-4 |
| State | Cost |
|---|---|
| Vermont | $20 |
| State | Regular Weeks |
|---|---|
| Vermont | 3-5 |
| State | Cost |
|---|---|
| Virginia | $12 |
| State | Regular Weeks |
|---|---|
| Virginia | 3-4 |
| State | Cost |
|---|---|
| Washington | $20 |
| State | Regular Weeks |
|---|---|
| Washington | 4-6 |
| State | Cost |
|---|---|
| West Virginia | $15 |
| State | Regular Weeks |
|---|---|
| West Virginia | 3-4 |
| State | Cost |
|---|---|
| Wisconsin | $20 |
| State | Regular Weeks |
|---|---|
| Wisconsin | 3-5 |
| State | Cost |
|---|---|
| Wyoming | $15 |
| State | Regular Weeks |
|---|---|
| Wyoming | 3-4 |
When to Ask for Help
Ordering a death certificate should be simple, but sometimes it gets complicated. You should reach out to someone for help if you can’t find the death certificate in the state’s system after waiting 4 weeks. Call the vital records office and ask if they have it. If they say they don’t have it, ask the hospital or coroner why it wasn’t filed. Sometimes the paperwork gets lost between the hospital and the vital records office.
You’re trying to order from a state where the person died but you don’t have any documents that prove it. Call funeral homes in the area—they have records of all bodies they handled and where they came from. Call the hospital where the person died and they can tell you what state to order from.
The death certificate shows wrong information like the wrong birth date or cause of death. You can’t use a wrong death certificate for probate. Contact the vital records office and ask how to fix it. You might need to file a form asking to correct the information. The vital records office will ask you for proof that the information is wrong, like a birth certificate or medical records.
You need the death certificate urgently and can’t wait. Hire a lawyer or a document retrieval service to order it fast. They have connections that move things quicker. Lawyers can also file emergency motions asking the court for permission to start probate before the certificate arrives.
You’re trying to order a death certificate for someone who died many years ago and no one can find it. Probate courts can order the vital records office to search old records. You might have to file a case in probate court and show evidence like a funeral record, burial record, or family Bible that proves the person died. The judge can then order the vital records office to create or locate the death certificate.
The Cost Breakdown of Getting a Death Certificate for Probate
When you budget for probate, plan on spending money to get death certificates. Here’s what to expect:
If you order yourself: 5 certified copies × $25 per copy = $125. Plus expedited service $25 = $150 total. Plus priority mail $20 = $170 total. This takes about 2 weeks.
If you use a lawyer: The lawyer charges a flat fee of $200-$400 to order and handle the death certificates. The lawyer pays for the certificates from the state (cost $125-$150) and adds their service fee on top. Total cost $300-$500. This takes 1 week because lawyers follow up aggressively.
If you use a document service: 5 certified copies × $25 = $125 plus the document service fee of $100-$150 = total $225-$275. This takes 1-2 weeks.
If you have to order from multiple states: If the dead person owned property in two states, you need a death certificate from the state where they died and you might need to file probate in both states. Each copy costs the same amount, so add $125-$170 per state.
Most families find the best option is to order 5-10 copies yourself with expedited service for a total of $150-$200. This gives you multiple copies so you don’t run out, it takes only 2 weeks, and you save money compared to paying a lawyer.
Important Reminders for Death Certificate Probate
A certified death certificate must have a raised seal stamped by a government official. Without the seal, courts and banks will refuse it. Order the copies from the state where the person died, not from your home state. Different states have different rules, costs, and speed. Order at least 5 copies so you have enough to give to the probate court, bank, insurance company, title company, and one extra. Keep one copy for your records.
Check the death certificate information carefully to make sure the name, birth date, death date, and cause of death are correct. If anything is wrong, ask the vital records office how to fix it. Don’t use an informational copy for probate—only certified copies with seals work. If you’re in a hurry, pay extra for expedited service or go to the vital records office in person.
Save your confirmation number when you order so you can check on your order. If your order takes longer than expected, call the vital records office to find out why. Keep all receipts and confirmation numbers in a safe place so you can prove you ordered the certificates if questions come up later. When you finally get your death certificates, make sure each one has the state seal and an official signature. If you notice missing information or spelling errors, contact the vital records office right away to fix it before you need to use the certificate.
Frequently Asked Questions
Can I get a death certificate the same day I order it?
Yes. If you go to the vital records office in person and they have the death certificate on file, most states can make a certified copy while you wait, usually within a few hours during business days.
Do I need the original death certificate or will a copy work?
No. You don’t need the original. Certified copies are just as good as the original, and banks and courts prefer certified copies because they have a raised seal.
How many death certificates do I need for probate?
It depends. You need at least one for probate court, but if the dead person had bank accounts, insurance policies, and property, order one for each entity.
Can someone else order a death certificate for me?
Yes. You can give permission to a lawyer, family member, or document service to order it for you, though most states require proof of a legal relationship to the deceased.
What if the death certificate shows the wrong cause of death?
Contact the vital records office and ask how to file a correction request. You’ll need evidence of the correct cause, like medical records, which can take several weeks to process.
Can I get a death certificate if the person died overseas?
No. You get a death certificate from the country where they died, then have it translated into English by an official translator to use in U.S. probate court.
What if the vital records office can’t find the death certificate?
Call the hospital or coroner and confirm the death was reported. They can help you find which vital records office has it, or you might need a judge to order one based on evidence.
How long does expedited service take?
Usually 1-2 weeks instead of 3-4 weeks, and costs an extra $15-$35, though not all states offer it so check your state’s website.
Can I use a photocopy or fax of a death certificate?
No. Courts and banks require the official certified copy with the raised seal because photocopies and faxes won’t have the seal.
What information do I need to provide when I order?
The dead person’s full name, date of birth, date of death, and where they died, plus you must explain why you want it (for probate, inheritance, or other reasons).
Can I get a death certificate if I’m not a family member?
It depends. Some states only let family members, lawyers, and courts order them, while other states let anyone order but charge more for non-family.
Do I need certified death certificates for each insurance company?
Yes. Most insurance companies want their own certified copy and won’t return the original, so don’t give them your only copy.
What if someone dies without a doctor present?
A coroner or medical examiner determines the cause of death by investigation, which usually takes longer than a hospital death before the certificate is filed.
Can I order a death certificate online in all states?
No. Most states have online ordering now, but a few still require mail or in-person orders only, so check your state’s vital records website.
How much does a death certificate cost?
$10-$35 per certified copy depending on the state, with expedited service costing an extra $10-$35, and as of 2025 most states charge $15-$25.
What happens if I send the wrong amount of money?
The vital records office sends your money back and you have to fill out a new application, which wastes weeks, so always double-check the exact cost first.
Can a lawyer speed up getting a death certificate?
Sometimes. Lawyers have connections with vital records offices and follow up more aggressively, but they charge $200-$400 which might cost more than paying for expedited service yourself.
How do I know if my state offers expedited service?
Check your state’s vital records website or call the vital records office directly and ask if they have expedited or rush processing options available.
What’s the difference between certified and informational copies?
Certified copies have a raised seal and are accepted by courts and banks, while informational copies are just photocopies without seals and won’t work for probate.
How long will probate take if I can’t get a death certificate quickly?
Probate courts often allow you to start with a preliminary letter from the vital records office confirming the death is on file, so you don’t always have to wait for the official certificate.
Related reading
- How Do I Know if Probate Is Required? (w/Examples) + FAQs
- Is Transfer on Death Deed a Good Idea? (w/Examples) + FAQs
- How to Set Up a Transfer on Death for a Home (w/Examples) + FAQs
- How to Fill Out a Transfer on Death Deed (w/Examples) + FAQs
- Do Transfer on Death Accounts Avoid Probate? (w/Examples) + FAQs
- Can I Do a Transfer on Death Deed Myself? (w/Examples) + FAQs
- What Are the First Steps in Opening an Estate? (w/Examples) + FAQs