[WSBAPT] Death Certificates

[Marcus Fry]

I would try filing it under seal and see what they say.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Margaret Delp
Sent: Thursday, July 11, 2024 2:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Death Certificates

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Hello Everyone:

I have general question about filing death certificates with the court when opening a probate. I have always made a photocopy of the death certificate and redacted the health information, social security number, and date of birth.  I keep a certified copy in my file to show to the clerk or the  judge if requested. Occasionally the clerk asks to see it. The judge never has asked or commented on my redacted copy. I know this is not the typical approach, and would not work in King County. Also, the Simultaneous Death Act, RCW 11.05A.050, provides that a certified death certificate is prima facie evidence to establish the fact of death, date, location.  But the statute allows circumstantial evidence to prove death as well, and I thought that with the statements in the verified Petition and the death certificate copy, perhaps that’s why my approach has worked.

Today, I was told by the clerk of Island County Superior Court that beginning Sept. 1, the Clerk will be requiring a certified copy of the death certificate to be filed with all probate petitions. I believe this has been required for years in King County. The Clerk will redact only the Social Security number, presumably to comply with GR 31.

Does anyone ever worry about the other identifying information (such as date of birth and mother’s maiden name) or health information contained in a death certificates being part of the public record? HIPAA rules protect private health information for 50 years after death, but allow the Personal Representative of an Estate to reveal personal health information on behalf of the decedent. But what if the Personal Rep wants that information kept private?  I have had cases where the family wanted to keep the cause of death private, particularly in the case of suicide. In all cases, I believe that health information should be kept private if possible.

I know when this topic was previously discussed on this listserve, some attorneys noted they use an Affidavit of Death rather than filing a death certificate. Does that approach work consistently in all counties? Could anyone provide me an example which worked.

Thanks much,
Margaret

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