Legal Question in Wills and Trusts in Oregon
Does the executor of a will have the legal authority to prevent family members from obtaining a death certificate from a funeral home?
Asked on 9/27/11, 11:09 am
1 Answer from Attorneys
David Clarke
David C. Clarke, Attorney at Law
Obtaining a copy of a death certificate is authorized by the State for decedent's spouse, children, parent, sibling, or legal guardian as well as to their authorized representatives. ORS 432.121. Therefore, it follows that a funeral home should not be able to deny such persons a death certificate nor should the executor of the will be able to do so. If the funeral home is uncooperative, check with the county records department where decedent died. Also, you can check with Oregon's Public Health Department at http://public.health.oregon.gov/BirthDeathCertificates/Pages/index.aspx.
Answered on 9/27/11, 2:22 pm