How to Get a Death Certificate in Delaware

Delaware limits certified death certificates to people with a close tie to the person who died (Delaware Code, Title 16, Chapter 31). The state application lists:

• The spouse, child or parent
• A legal guardian (court order required)
• Other family members, with proof of the relationship
• An authorized representative of one of the people above. State rules say this includes an attorney, physician, funeral director or other designated agent
• Others who show the record is needed to determine or protect their personal or property rights
• Genealogy requests, with proof

Once 40 years have passed since the death, the record becomes public and anyone can order it.

Executors and estate attorneys. An executor who is not a close relative can apply by showing the record is needed to protect property rights. The state's guidance for legal requests lists a Register of Wills Short Certificate (Form 6) or a court order as examples of supporting papers. Call the Office of Vital Statistics at 302-744-4549 to confirm what it will accept.

Making a false statement on the application is a felony under Delaware law.

All certified death certificates in Delaware come from one place: the state Office of Vital Statistics (OVS), part of the Division of Public Health. There are no county or city vital records offices. OVS has three walk-in offices, one in each county, and you can order at any of them no matter where in Delaware the death happened.

The state does not publish processing times for any ordering method. Call OVS if you need a copy by a certain date.

In person

All three offices are open Monday to Friday, 8:00 a.m. to 4:00 p.m., except holidays.

• New Castle County: 258 Chapman Road, Newark, DE 19702. Phone 302-283-7130.
• Kent County (central office): the current OVS web page lists the James Williams State Service Center, 805 River Road, Dover, DE 19901. The application form and the OVS FAQ page list the Jesse Cooper Building, 417 Federal Street, Dover. Official sources differ, so call 302-744-4549 before you go.
• Sussex County: 546 S. Bedford St., Georgetown, DE 19947. The current OVS page lists phone 302-515-3190. The application form and FAQ page list 302-856-5495. Call ahead to confirm.

By mail

Fill out the Application for a Certified Copy of a Delaware Death Certificate and mail it with your ID copy, any proof of relationship, and a check or money order payable to the State of Delaware. Both the OVS page and the form say to mail it to the Jesse Cooper Building address printed on the form:

Office of Vital Statistics, Jesse Cooper Building, 417 Federal Street, Dover, DE 19901

Online

The OVS page links to two online vendors: GoCertificates and VitalChek. Each charges its own service fee on top of the $25 state fee, and the state does not publish those amounts. GoCertificates says its current Delaware processing time is 2 to 5 weeks plus shipping, and that OVS sets the processing time.

By phone

Call VitalChek at 1-877-888-0248. VitalChek adds a service fee.

Funeral homes have their own application form and can order copies on behalf of the family.

• The completed application form (by mail or in person)
• A copy of your valid photo ID: driver's license, state ID or work ID
• Proof of relationship if you are a spouse, parent or other family member, such as a birth or marriage certificate
• A court order if you are a legal guardian
• $25 per copy. By mail, pay by check or money order payable to the State of Delaware

Authorized representatives must give the client's name, the client's relationship to the person who died, and the purpose of the request. Attorneys and other representatives making legal requests use the OVS legal template on official letterhead, state the purpose, show the client's relationship, and cite the law that makes them eligible. The state may ask for more documents.

If OVS cannot find the record, it keeps the fee as a search fee. Part of each fee goes to the state's distressed cemetery fund.

Veterans. The relative of a veteran can get one free certified copy of the veteran's death certificate, one time, when it is essential to settle a claim involving the veteran's affairs.

Delaware issues certified copies, printed on security paper with features such as a background security design and a copy-void pantograph. Banks, courts and agencies usually ask for a certified copy.

State law also allows noncertified copies, but the state's public pages do not describe how to order a noncertified death certificate. Contact OVS to confirm.

Cause of death. A copy that shows the cause of death is issued only to:

• The spouse, children, parents or other next of kin, or their authorized representatives
• Someone who documents a need for the cause of death to establish a legal right or claim
• An organization that pays benefits to the decedent's survivors or beneficiaries
• Approved agencies or researchers, or under a court order

The state does not explain what other requesters receive instead. Call OVS if this affects you.

The funeral director who takes custody of the body files the death certificate with OVS. The funeral director gets the personal details from the next of kin, then sends the certificate to the doctor or medical examiner for the medical part. If the death needs an official investigation, the medical examiner files it. All certificates are filed electronically.

By law, the certificate must be filed within 3 days after death and before burial or cremation. The doctor (or APRN or physician associate) has 48 hours to complete the medical part.

If the cause of death is not known within 48 hours, a "pending" certificate is filed. A revised certificate replaces it once the cause is known. State rules give the certifier 30 days, or 60 days with an extension.

The state does not say how soon copies can be ordered after filing. Ask your funeral director or OVS whether the record is ready before you order.

Many banks, insurers and agencies want their own certified copy, and some will not return it. Each Delaware copy costs the same $25, so there is no discount for ordering extras at once. See our guide on how many copies to estimate what you need.

Personal details (name, dates, family information and similar): the next of kin, the informant listed on the certificate, or the funeral director who filed it can apply to correct them. The request needs:

• A sworn statement (affidavit) naming the certificate, the wrong information and the correct information
• At least one supporting document created at least five years before the request, or within seven years of the death

Within 30 days of the death, the funeral director can also file a supplemental report to add missing personal information.

Cause of death: only the doctor or medical examiner who certified it can change it (or, in limited cases, an associate physician, the facility's chief medical officer, or a medical examiner who takes over the case).

Corrected certificates are marked "amended." Once an item has been amended, it cannot be changed again without a court order.

The state does not post a public amendment form for death certificates. Contact OVS at 302-744-4549 to ask how to start. The full rules are in the state vital statistics regulations.

The only official channels for Delaware death certificates are:

• The state Office of Vital Statistics, in person or by mail (OVS page)
• GoCertificates and VitalChek, the two vendors linked from the OVS page
• VitalChek by phone at 1-877-888-0248

Other websites may offer to order a certificate for you. They are not official Delaware sources and may add their own charges. To be safe, start from the OVS page and follow its links.