Posted by oldhippie_IL on 4/9/11 3:22pm
Copy of Death Certificate
Can a notary notarize a "copy" of a death certificate? Haven't ran into this before now, can't find anything in handbook.
Reply by Ilene C. Seidel on 4/9/11 3:32pm
You can't notarize the copy but what I do is have the owner of the document
write True and Certified by and sign his/her name. Then I notarize their signature.
Reply by Linda_H/FL on 4/9/11 3:33pm
Are you allowed to do certified copies of vital records?
If not, I'd say no since a certified copy of the death certificate can be obtained from (a) bureau of vital statistics where the person died; (b) probate court; (c) possibly county records if one has been filed there.
Reply by Ilene C. Seidel on 4/9/11 3:53pm
Re: Are you allowed to do certified copies of vital records?
"A notary public has no authority to certify a copy of a public record, a publicly recorded document, a school record or diploma, a professional license, or any other public or private document or record which does not pertain to the notary public's official acts."
Reply by Linda_H/FL on 4/9/11 4:36pm
Ilene..where did you find that? I couldn't find anything
in the IL handbook.
Reply by BarbaraL_CA on 4/9/11 11:02pm
Looks like she got the info from MD Notary Handbook...
She is from MD and page 17 of their Handbook states what she quoted.
Reply by LKT/CA on 4/9/11 4:30pm
The vital record (marriage, birth, death certificate) the customer makes a copy from ......that ITSELF is a copy. It is not the original. So essentially, they just made a photocopy from a copy.
If the customer needs additional vtial record copies (certified), they must order them. Here's a suggested link: www.vitalcheck.com
Reply by CopperheadVA on 4/9/11 5:56pm
As far as I know, no states allow notaries to certify copies of vital records. A death certificate is a vital record. And with a vital record, I would NOT notarize a statement from the signer saying that he made the copy of it. If they need another copy, they must order it from the state.
Reply by BrendaTx on 4/10/11 10:16am
That's right, Copper.
In fact, I have read somewhere that at least one state office is rejecting a request for an apostille when a notarized statement that the document is true and correct is attached to a document that cannot be cert. copied.
Reply by PAW on 4/10/11 12:12pm
Florida is one of those states. The FL Secretary of State will provide an Apostille or Certificate of Authority for the following Florida documents: vital record, e.g. birth certificates and death certificates, bearing the original signature of the State Registrar; vehicle titles certified by the Department of Highway Safety and Motor Vehicles; corporation documents bearing the signature of the Secretary of State; and documents certified by any Clerk of the Court for any county in Florida (the fee for an Apostille on any county certified document is $20).
Reply by BrendaTx on 4/10/11 9:22pm
Knowing this, I wonder if
notaries should clear this practice with authentication units of their states before using it.
If a copy of a DL (in Texas, I know FL can attest) with a sworn statement will not be authenticated by the state, then the notarization is actually worthless for some folks' needs.
Often, when people need these types of things, they also need them authenticated.
Reply by PAW on 4/11/11 8:28am
And, to carry this forward even further, if the document that is going to be authenticated also needs to be legalized by a Consulate or Embassy, it may be prudent to give the Consular's office a call to see if they will accept a "Certified Copy by Document Custodian".
Reply by Mia on 4/9/11 9:21pm
My question would be, is this a resent death? If so, many times the funeral home can obtain
"more" copies of the death certificate from the County Clerk.
I would not notarize anything to do with a Vital Record.
I did find the following online:
"Death records can be obtained from the Illinois Department of Public Health (IDPH), Division of Vital Records or from the county clerk's office in the county where the death occurred. (List of county vital records Web sites or county clerk addresses) Records filed prior to 1916 must be obtained from the county clerk's office in the county where the death occurred.
The IDPH, Division of Vital Records can provide entitled persons with a certified copy of the death certificate for $17. Uncertified, genealogical copies of a death record can be provided for $10 if the death occurred at least 20 years prior to the date of the request. Extra copies of the same record for either a certified or genealogical copy are $2 each if requested at the same time. If no record is found as part of a certified or genealogical search, a no record statement will be issued. The $10 search fee is non-refundable."
Reply by BarbaraL_CA on 4/9/11 11:03pm
Certified copies of vital records can only be obtained from the state in which they are filed.
Reply by Kevin/Ct on 4/10/11 4:28am
In Connecticut death certificates are recorded with the respective town clerks. Certified copies of the death certificates may be obtained from each town clerk. It should not be necessary to notarize the certified copy because it is recognized as the equivalent of an original.
Reply by jfs/IL on 4/10/11 10:56am
How about the certified document custodian form where the custodian completes the section that is it a true copy.
The notary gives the oath to the person and notarizes that section. (Jurat)
Reply by PAW on 4/10/11 12:17pm
Only the FL Secretary of State can provide an Apostille or Certificate of Authority for the following Florida documents: vital record, e.g. birth certificates and death certificates, bearing the original signature of the State Registrar; vehicle titles certified by the Department of Highway Safety and Motor Vehicles; corporation documents bearing the signature of the Secretary of State; and documents certified by any Clerk of the Court for any county in Florida (the fee for an Apostille on any county certified document is $20). Neither a notary nor the 'custodian' of this type of document can make a "Certified Copy" or an "Attested Copy". Attaching a written statement, notarized by a notary is not acceptable, nor is the "Attested Copy" certificate by a duly commissioned notary. (Florida notaries are authorized to make 'Attested' copies except for those documents listed above.)
Reply by LKT/CA on 4/10/11 12:53pm
<<<How about the certified document custodian form where the custodian completes the section that is it a true copy. The notary gives the oath to the person and notarizes that section. (Jurat)>>>
NO....because the form says it's a true copy of the *original*.....As I stated in my above post, the customer does not have the original.......the original is on file with the state agency (county clerk). The customer has a copy....so they just made a photocopy from a COPY....not the original.
There is NO other way around this....the customer MUST order (and pay for) additional copies from the state agency, period. Suggested link: www.vitalchek.com
Reply by C. Rivera Chicago Notary Services on 4/10/11 8:56am
not an Il one...see David Orr's office, county clerks office n/m
Reply by jnew on 4/10/11 12:29pm
This is from the Notary information brocure published by the Wisconsin Secretary of State:
...you are strictly prohibited from making copies, certifed or uncertified of "vital records", which include certified copies of birth, death divorce, annulment, marriage, etc. Never notarize photocopies of vital records that a person may bring you. Preparing or issuing anything that carries the appearance of an original or copy of a vital record could cause you to fined not more than $10,000, imprioned not more than 3 years, or both. Copies of vital records are appropriately obtained for thier official custodian: a state or county office of vital records, or similar government records office. ...
If you are unclear what your state requirements are, it may be worth looking into. The results may be serious if you don't.
Reply by Barbara Taylor on 4/11/11 7:35am
As far as I can see, on my Birth and marriage certiticate it states: IT IS ILLEGAL TO MAKE A COPY OF
Reply by John E. Rogers on 4/11/11 3:01pm
The responses you received are right on target. In Ohio, we can notarize a handwritten or typed letter signed by an officer of the document owner, stating it is indeed a true copy, but we cannot notarize the copy itself. This applies mostly to commercial organizations such as banks However, with state or government agencies, best to have people get a copy directly from the bureau of vital stats or county clerks. Ohio does not permit notarizing copies of docs from state or government agencies. jer/Ohio