Current through Register Vol. 47, No. 6, September 18, 2024
Iowa deaths registered one year or more after the date of death
shall be prepared on a Delayed Certificate of Death form developed by the state
registrar. The state registrar shall require documentary evidence to prove the
facts of the death pursuant to Iowa Code section
144.16.
The delayed certificate of death shall be registered and maintained solely at
the state registrar's office.
(1)
Application. Registration of a delayed certificate of death
may be requested by the surviving next of kin of the deceased, or the surviving
next of kin's legal representative, in the following descending order:
a. Executor of the decedent's
estate;
b. Spouse, if not legally
separated from the decedent;
c.
Child or legal guardian of the child if the child is under the age of
majority;
d. Parent;
e. Grandchild or legal guardian of the
grandchild if the grandchild is under the age of majority;
f. Sibling;
g. Grandparent; or
h. Funeral director responsible for the
disposition of the decedent.
(2)
Facts to he established
a. The applicant shall submit a notification
of record search certified by the state registrar, which shall indicate that no
prior certificate of death is on file for the person whose delayed death record
is to be filed. The notification of record search shall be returned to the
applicant and shall not be exchanged for a certified copy of the delayed
certificate of death.
b. The
applicant shall substantiate the following with documentary evidence:
(1) The full legal name and gender of the
deceased at the time of the death;
(2) The date and place of birth;
(3) The date and time of death;
(4) The place of death, including the type of
place and location where the death occurred;
(5) The method and location of the final
disposition;
(6) The full name and
address of the person responsible for the final disposition;
(7) Cause and manner of death; and
(8) The full name, address, and relationship
to the decedent of the person applying to register the delayed certificate of
death.
(3)
Documentary evidence.
a. The
application to register the delayed certificate of death shall be supported by
a minimum of the following:
(1) An affidavit
of the person filing the certificate attesting to the accuracy of the
information on the certificate; and
(2) Three dated documents from independent
sources that consistently support the information required pursuant to subrule
97.15(2). The documents shall be in the form of the original record, a
certified copy thereof, or a notarized statement from the custodian of the
record or document on the custodian's letterhead. Personal affidavits are not
acceptable.
b. The state
registrar may require additional documentary evidence to prove the facts of the
death event.
(4)
Abstraction and certification by the state registrar The state
registrar shall abstract on the Delayed Certificate of Death form a description
of each document submitted to support the facts of death. This description
shall include:
a. The title or description of
the document;
b. The name and
address of the custodian who attested to the facts on the original documents in
the custodian's custody;
c. The
date of the original filing of the document being abstracted; and
d. The information regarding the death for
delayed registration.
(5)
Acceptance of documentary
evidence for registration. All documents submitted in support of the
delayed registration shall be returned to the applicant after review,
abstraction, and registration. The state registrar shall by signature certify
that:
a. No prior certificate of death is on
file for the decedent;
b. The
evidence has been reviewed and substantiates the facts of death; and
c. The abstract of the evidence appearing on
the delayed certificate of death accurately reflects the nature and content of
the documents.
(6)
Denial of registration. In the absence of adequate
substantiating evidence or if the state registrar finds reason to question the
validity or adequacy of the evidence required to establish a delayed
certificate of death, the state registrar shall not register the delayed
record.
a. The written notice of rejection
from the state registrar shall include:
(1)
The Delayed Certificate of Death form stamped "rejected"; and
(2) The Delayed Evidence Refusal
form.
b. Applications
for delayed certificates which have not been completed within one year from the
date of application may be dismissed at the discretion of the state registrar.
Upon dismissal, the state registrar shall advise the applicant, and all
documents submitted in support of such registration shall be returned to the
applicant.
(7)
Duties of county registrar The county registrar may assist the
applicant in the completion and notarization of the delayed form, excluding the
portion restricted for state use only. The county registrar may forward the
partially completed delayed form, documents and fees to the state registrar for
final review and possible acceptance.
(8)
Fees. Administrative and
certified copy fees shall be charged as provided in rule
641-95.6 (144).
