Legal Question in Wills and Trusts in California

if a person dies at home,who can declare the person dead?


Asked on 7/20/14, 7:45 am

3 Answers from Attorneys

"Declaring" a person dead is not a concept that has any legal meaning. What matters under the law, no matter where a person dies, is who can sign a death certificate. In most states, and I believe in CA, only an MD or licensed Nurse Practitioner can sign a death certificate.

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Answered on 7/21/14, 9:42 am
Len Tillem Tillem McNichol & Brown

People die at home all of the time, thankfully, given that most would rather die at home instead of in a hospital. Usually an autopsy isn't required as long as the decedent's physician signs off as to the cause of death. Death Certificates are usually available within a week or two unless there's an investigation.

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Answered on 7/21/14, 10:54 am
Anthony Roach Law Office of Anthony A. Roach

That is usually a matter for the coroner.

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Answered on 7/21/14, 12:38 pm


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