Utah Admin. Code R436-3-7 - Amend or Correct a Death Record

(1) Funeral home directors may make an amendment through the electronic death registration system for up to one year after the 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; or

(c) the funeral director or person acting as such who submitted the information for the death certificate.

(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) In the case of conflicting requests with no clear documentary evidence, informants who are in concurrence with one other witness with personal knowledge of the facts will be considered in the following order of precedence:

(a) a surviving spouse;

(b) a child, if 18 years or older, 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) 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. In the absence or inability of that physician, the following individuals may request the change:

(a) the authorized medical associate of the original certifier;

(b) the chief medical officer of the institution in which death occurred; or

(c) a medical examiner who assumes jurisdiction of the case provided such an individual has access to the medical history of the case.

(8) The funeral director may correct the date and time of death.

Notes

Utah Admin. Code R436-3-7

Adopted by Utah State Bulletin Number 2022-07, effective 3/16/2022 Amended by Utah State Bulletin Number 2025-03, effective 1/15/2025