Vital Records Explained: Is ‘Cause of Death’ public record?

Vital records explained? Are death certificates public record?

It depends on state law (See the table below). For example, in Alaska, death certificates become public records 50 years after the date of death. Also, death certificates are exempt from FOIA (Freedom of Information Act).

 The question is; how do you find out the cause of death of someone?

Quick take: are death certificates public records?

  • It depends on state law (see the table below).
  • Death certificates become public record after a set period in some states.
  • You may request a death certificate from your state’s vital records website.
  • A death certificate contains personal information, cause of death, and the time of death.
  • If you are not a close relative, you may need a court order to view someone else’s death certificate in some states.

Vital records explained: How can I find out if someone has died?

Under the freedom of Information Act (FOIA), Americans have the right to access data/information recorded or filed by a public agency. According to the national archives, vital records/public records include:

  • Birth certificates
  • Divorce decrees
  • Wills
  • Marriage licenses.
  • Death certificates.

In theory, all members of the public have the right to access the documents listed above. However, state law determines who may view the documents. In some states, only close family and persons who have “direct interest” may gain access to birth and death  certificates and in others, birth and death certificates become public records after a set period.

 For instance, Delaware code title 16-chapter 3110 (f) Disclosure of Records, requires that, quote:

“When 72 years have elapsed after the date of birth, 40 years have elapsed after the date of death, or 50 years have elapsed after the date of marriage, the records of these events shall become public records, and information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records.”

How can I find out if someone has died?

If you are a close relative or if state law allows it, you may visit the agency that keeps your state’s vital records and file a request.

For example, if you are in Ohio, you may request a death certificate from the state’s official website or the National Center for Health Statistics.

What if you do not have a direct interest or close relationship with the deceased?

To get someone else’s birth certificate, most states require you to submit proof of relationship or an explanation on why you need the record. You may get death or birth certificates for research, but again, state law determines the amount of information you or a relative may receive.

In general, what you need to do is:

  • Check state requirements/ vital record laws (creating a table)
  • Pay a fee
  • Order a death certificate

If you do not qualify, you may do the following:

  • Contact close family members
  • Visit the local courthouse or law enforcement agency -with identifying information of the person.
  • Check online obituaries.
  • Check the person’s social media activity.
  • Use genealogy or historical sites.

What to remember:

  • The FOIA act does not have an exemption for information about deceased persons.
  • The FOIA act allows federal and state agencies to withhold some information.
  • Medical records and death certificates are not public records.
  • Birth certificates and death certificates may become public records after a set period.
  • A death certificate is a record of the fact of death.
  • You may need a death certificate to get a burial permit.
  • State law determines who has authority to access death certificates and other vital records.
  • In some states, death certificates are publicly available at the county clerk’s office or official state vital records website.
  • You may get an “informational” or “certified” copy of a birth certificate – depending on your relationship with the deceased.
  • A certified copy bears the official stamp.

What is a legal cause of death?

Legally, “cause of death” refers to an official determination of conditions that result in the death of a human. In almost all states, the law requires the appropriate authority to record the cause in a death certificate.

Death could be natural, accidental, suicide, or homicide.

How do I find out the cause of death?

As mentioned, in most states only close relatives have access to death certificates. Consequently, the easiest way to find the cause of death is to speak to the family, hospital, or funeral home. If the person was murdered, you should check police records or news reports from the area.

How do I find a death certificate in the US?

To find a death certificate, you must

  • order a death certificate online or visit your county clerk’s office.
  • You may get an informational copy from the mortuary or funeral home.

Are autopsy reports public records?

In the US, autopsy reports are not public records, but close family records or persons who have direct interest may have access. For example, In California, under Cal Civ. Proc 130, the family of a deceased minor may request the state to seal autopsy reports. If that happens, you may need a court order to view the report. The statute reads, quote:

“upon the request of a qualifying family member of the deceased child, the autopsy report and evidence associated with the examination of the victim in the possession of a public agency, as defined in Section 6252 of the Government Code, shall be sealed and not disclosed, except that an autopsy report and evidence associated with the examination of the victim which has been sealed pursuant to this section may be disclosed

Are death certificates public records?

As mentioned, it depends on state law and your relationship with the deceased. That means family members may request birth or death certificates from the appropriate state agency.

Use the table below to find out if death certificates are public records in your state.

Statedeath certificate  related statutePublic record statusRequest death certificate by state.
   Alabama  Ala. Code § 22-9A-21(f) Death certificates become public records 25 years after death.Alabama Public Health Download death certificate in Alabama.    
  Alaska  AS 18.50.310(a), (f)Death certificates become public records 50 years after death.Download death certificate in Alaska
Arizona   Available to next of kin and family members. You may file a FOIA request.Download death certificate in Arizona  
Arkansas  Ark. Code Ann. § 20-18-304(a). Download death certificate in Arkansas  
California   Public Records. Anyone may request a copy.Download death certificate in California  
Colorado   Colo. Rev. Stat. § 25-2-117(1).You must have a “direct and tangible interest. Available to family and next of kin.Download death certificate in Colorado                                                          
Connecticut  Conn. Gen. Stat. § 7-51a   Conn. Gen. Stat. § 7-41Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in Connecticut  
Delaware  16 Del. C. § 3110(f).Death certificates become public records 40 years after death.Download death certificate in Delaware  
Florida  Fla. Stat. § 382.025(2) (2020).Death certificates are partially available to all (cause of death and medical information excluded).Download death certificate in Florida  
Georgia   You must have direct and tangible interest. Available to next of kin, family, and the family’s legal representatives.Download death certificate in Georgia  
Hawaii  Haw. Rev. Stat. § 338-18  Download death certificate in Hawaii  
Idaho  Idaho Code § 74-106(4)(e)   Idaho Code § 39-270(e).  Confidential for 50 years.Download death certificate in Idaho  
Illinois   Illinois Vital Records Act, 410 ILCS 535/1   5 ILCS 140/7(1)Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in Illinois  
Indiana  Indiana Code Section 16-37-3-9 Not public records. Available to family, next of kin and legal representative.Download death certificate in Indiana  
Iowa  Iowa Code § 144.43; Iowa Code § 144.26.Death certificates become public record 75 years after deathDownload death certificate in Iowa  
Kansas  K.S.A. 45-221(a)Not public records. Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in Kansas  
Kentucky  Ky. Rev. Stat. 213.131Not available to the public.Download death certificate in Kentucky  
      Louisiana  La. Rev. Stat. Ann. § 40:41(C)(5)Not available to the public. Available to family, next of kin and funeral director upon request.  Download death certificate in Louisiana  
Maine  22 M.R.S.A. § 2706.Not public. Available to family, attorney, next of kin. You may need a court order.Download death certificate in Maine  
Maryland  Code Ann., Health-Gen Art. § 5-310(d)(2).   4-101(g)(3), 4-502Only available to family, next of kin, and persons named in the certificate.Download death certificate in Maryland  
Massachusetts   Public record. Anyone may request a copy.Download death certificate in Massachusetts  
New Hampshire  RSA 5-C:9.Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in New Hampshire  
New Jersey  N.J.A.C. 8:2A-2.1 Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in New Jersey  
New Mexico  NMSA 1978 § 24-14-27(C).Death certificates become public record 50 years after death.Download death certificate in New Mexico  
New York  Public Health Law Section 4174(1)(a)Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in New York  
North Carolina   G.S. § 130a-99.Death certificates are not public record in North Carolina.   Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in North Carolina  
North Dakota   N.D.C.C. § 23-02.1-27.Confidential. Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in North Dakota  
Ohio  Ohio Rev. Code § 313.10.Public record excluding photographs, medical records, police records, and photographs. Anyone may request a copyDownload death certificate in Ohio  
Oklahoma  63 O.S. § 1-323(A). Not public records. Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in Oklahoma  
Oregon  ORS 432.350, Abstracts are public record. Certified copies become public record 50 years after death.Download death certificate in Oregon  
Pennsylvania  35 Pa. Stat. § 450.804.You must show “direct interest” Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in Pennsylvania  
Rhode Island  R.I. Gen. Laws § 23-3-3.Not public records.Download death certificate in Rhode Island  
South Carolina  S.C. Code Ann. § 44-63-84.Available to: FamilyAttorney/legal representativeInsurer Next of kin You must show “direct and tangible interest”Download death certificate in South Carolina  
South Dakota  SDCL §§34-25-1Public record. Anyone may request a copyDownload death certificate in South Dakota  
Michigan  Mich. Comp. Laws § 333.2882.Public record. Anyone may request a copy.Download death certificate in Michigan  
Minnesota  §41-57-2.Public record. Anyone may request a copy.Download death certificate in Minnesota  
Mississippi  §41-57-2.You must have “legitimate and tangible interest” Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in Mississippi  
Missouri    Download death certificate in Missouri  
Montana  Mont. Code Ann. § 50-15-122(5)(a)   Mont. Code Ann. § 50-15-121(4).Public record. Anyone may request a copy.Download death certificate in Montana  
Nebraska  Neb. Rev. Stat. §71-612Public record. But you must have “proper purpose.”Download death certificate in Nebraska  
Nevada   Public record. State statutes do not directly address death certificate status.Download death certificate in Nevada  
Tennessee  T.C.A. § 68-3-205Available only to: Family Next of kinLegal representative Domestic partnerFederal agencies Researchers (partial)  Download death certificate in Tennessee  
Texas    Op. Tex. Att’y Gen. OR2005-07470Death certificates become public record 25 years after death in Texas. Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in Texas  
Utah  Utah Code § 26-2-22(4)(b).Death certificates become public record 50 years after death. You must show “direct, tangible, and legitimate interest.Download death certificate in Utah  
Vermont  18 V.S.A. § 5002, Public record. Anyone may request a copy.Download death certificate in Vermont  
Virginia  N/AAvailable to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in Virginia  
Washington  N/AAvailable to: FamilyAttorney/legal representativeInsurer Next of kin Death certificate include a confidential section that is not available to the public.Download death certificate in Washington  
West Virginia  N/APublic record. Anyone may request a copy. Certified copies Available to: FamilyAttorney/legal representativeInsurer Next of kinDownload death certificate in West Virginia  
Wisconsin  Wis. Stat. § 69.18(1m).Public record excluding cause of death and medical records.Download death certificate in Wisconsin  
Wyoming  N/APublic records.Download death certificate in Wyoming  

Note: “direct, legitimate and tangible interest” typically refers to persons including:

  • Children
  • Parent/guardian/grand parents
  • Brother/sister
  • Spouse/next of kin
  • Researches
  • Legal representatives
  • Insurers.

Other Vital Records Laws