- (1) A funeral home director may amend a death record through the electronic death registration system for up to one year after a death.
(2) The following persons may apply to amend or correct personal information on a death record:
- (a) the informant listed on the death record and an immediate family member of the decedent;
- (b) two immediate family members of the decedent; or
- (c) the funeral director, or person acting as the funeral director, who submitted the information for the death record.
(3) The following persons may apply to amend or correct the marital status on a death record:
- (a) the spouse with a marriage certificate and the informant listed on the death record;
- (b) the spouse with a marriage certificate and a witness with personal knowledge of the marriage;
- (c) two family members with the marriage certificate or acceptable evidence of marriage;
- (d) a family member with evidence of divorce, dissolution, death, or annulment before the death of the decedent; or
- (e) a common-law spouse with a court order issued in a legal action indicating that the person was in a common-law marriage with the decedent at the time of the decedent's death.
- (4) Other changes to marital status and recorded surviving spouse may be made only upon a court order that determines the marital status of the decedent and identifies the surviving spouse.
- (5) If there is conflict, the state registrar may elect to require a court order before a change is made to the marital status.
(6) If there are conflicting requests with no clear documentary evidence, an informant who is in concurrence with one other witness with personal knowledge of a fact shall be considered in the following order of precedence:
- (a) a surviving spouse;
- (b) a child, if at least 18 years old, otherwise the legal guardian of the child;
- (c) a parent;
- (d) a grandparent;
- (e) a sibling;
- (f) an uncle or aunt;
- (g) a nephew or niece; and
- (h) a cousin.
(7)(a) The cause of death on a death record may only be amended upon receipt of a signed statement or approved electronic notification from the medical certifier or medical examiner who originally certified the cause of death.
- (b) In the absence or inability of that physician, an individual may request the change if that individual is:
- (a) the authorized medical associate of the original certifier;
- (b) the chief medical officer of the institution in which the death occurred; or
- (c) a medical examiner who assumes jurisdiction of the case if that medical examiner has access to the medical history of the case.
- (8) The funeral director may correct the date or time of death.
KEY: vital statistics, amendments, fathers, mothers
Date of Last Change: February 17, 2026
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 26B-8-107; 26B-8-111; 81-5-302