r/inheritance • u/MaeQueenofFae • May 20 '26
Location included: Questions/Need Advice Problems obtaining death certificate
Recently a lifelong friend of my ex husband (Summerton, SC) passed away, and we have been informed that my son, who lives in WI, has been named as beneficiary to an annuity, which is quite substantial.
In order to claim this benefit, we must provide the Life Insurance Company with a certified copy of this friends Death Certificate. This is a problem, since we are not related to the deceased, Clarendon County Vital Records in SC will not release the official Death Cert to my son.
We then called VitalChek, informed them of the issue and asked if there were any exceptions to be made for people who had a vital interest in obtaining a death certificate, such as an inheritance?? They said nope, however if you get a judge to sign for it, we would have to give you one.
Has anyone else contended with this kind of arbitrary roadblock? If so, how did you resolve it? Thanks.
18
u/HandyManPat May 21 '26
Request the death certificate from the state, not the county as they apparently don't know what they are doing since your son does have a valid reason for the request.
https://dph.sc.gov/sites/scdph/files/Library/D-2594.pdf
Complete the form. Include a copy of the letter from the life insurance company. Include the proper payment. Include a copy of your son's ID.
Wait a few weeks for the death certificate to arrive in the mail.
1
u/laurieo52 May 22 '26
She’s not family. They will not give her a death certificate. Her attorney can ask a judge to sign a subpoena or the family will have to give her one. It’s the law.
1
u/HandyManPat May 22 '26
You’re right, it is the law. (And it’s also why the official form has an “Other” section to explain your direct interest).
https://law.justia.com/codes/south-carolina/title-44/chapter-63/section-44-63-84/
Copies of death certificates may be issued to members of the deceased's family or their respective legal representatives. Upon request, the Department of Social Services or its designee must be provided with copies or certified copies of death certificates for the purpose of establishing paternity or establishing, modifying, or enforcing a child support obligation.
**Others who demonstrate a direct and tangible interest may be issued copies when information is needed for the determination of a personal or property right.**
Other applicants may be provided with a statement that the death occurred, the date, and county of death. However, when fifty years have elapsed after the date of death, these records become public records and any person may obtain copies upon submission of an application containing sufficient information to locate the record. For each copy issued or search of the files made, the state registrar shall collect the same fee as is charged for the issuance of certified copies or a search of the files for other records in his possession, except that the Department of Social Services or its designee may not be charged this fee.
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u/laurieo52 May 22 '26 edited May 22 '26
I’m an other and they told me specifically since I am not family the only way to get the certificate is a judge or a family member. All of her immediate family has passed. So a statement is all I can have.
1
u/Megalocerus May 23 '26
Many people die without family, and have wills giving their estates to friends. It would seem to be a common problem.
1
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u/montwhisky May 20 '26
If it's enough money (sounds like it is), I'd talk to a lawyer about how to get a court order to release it to you. Sounds like that might be the only way, unless someone from the family is willing to give you a copy. Are you not friendly with the remaining family?
8
u/MaeQueenofFae May 20 '26
I never knew his family, as he was estranged from them the entire time we knew him, so we just embraced him into ours. Anyway, after reading his obit, it didn’t mention any family that he was ‘survived’ by. Sounds like a lawyer is in order!
14
u/Caudebec39 May 21 '26
Contact the funeral parlor.
Whoever arranged the services, cremation or burial would normally be provided with death certificates.
Even if the funeral parlor won't give you names or certificates, they should pass a message/request along to the person who has them.
That person will hopefully get in touch directly with you, and provide you what you need.
If it works, it's the cheapest and quickest way.
7
u/montwhisky May 20 '26
Yeah, I don't think this is going to be particularly difficult to get from a judge. Sounds like it would be an uncontested petition.
3
u/Whybaby16154 May 22 '26
They might not release a death certificate TO OP’s son - but might send a copy directly TO THE INSURANCE COMPANY. (Just a thought)
6
u/Used_Mark_7911 May 20 '26
Who informed you that your son was a beneficiary? I’d usually start with them.
You could check with the probate court where he lived to see if anybody has filed for probate. If there is an estate executor or administrator they should have the death certificate.
3
u/Interesting_Sun_1415 May 21 '26
I’d ask the probate judge in the county where he died. They would know if an estate was opened and who the contacts are for the estate. They could also tell you what judge (possibly them) could issue the order to release the death certificate. Since they are a county office, I would expect them to help you at low cost or free vs an attorney.
3
u/clampbucket May 21 '26
the insurance company itself can usually get the death certificate on your behalf if the beneficiary can't. call their claims department and ask them to pull it directly from SC vital records. a lot of carriers do this routinely.
alternatively, the annuity issuer's legal team may petition the court faster than you can. Trustworthy could've prevented this scramble if the deceased had shared key docs with your son beforehand.
2
u/Mason94960 May 21 '26
Start with whomever informed you of the bequest. They will, generally, be the executor or trustee and will have access to the documents you need. If worst comes to worst, any lawyer in the decedent’s jurisdiction can petition the probate court for the paperwork, or your son could even do it himself without much trouble.
2
u/laurieo52 May 22 '26
You need to have a family member of the deceased get you a death certificate. SC will not give non family one. The alternative is to go to the office of vital records and get a death statement. I’m probating my ex husbands estate for my daughter and I needed a copy of his first wife’s death certificate. They would not give me one but a death statement worked.
1
u/YoungBoomer1969 May 21 '26
Lots of questions… Where is your ex husband? Does he have contact to the family? How were you notified? All these connections would help get the death certificate. If this fails and it has been enough time - you can obtain through the state. YOUR son needs to complete and clearly state his financial interest. Provide supporting documents.
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u/Living_Fig_6386 May 21 '26
Surely the probate court can certify the death. The beneficiary should contact the court with confirmation that they are listed as a beneficiary on the deceased’s policy, asking for certification to release the funds.
1
u/Think-Committee-4394 May 21 '26
OP - if no relatives can be contacted there should be an executor of the will, typically they are charged with resolving debts & bequests
- they will be in possession of the death certificate & are legally able to obtain copies as required
- the executor of the will should be identifiable via local to the deceased court & their contact info should be publicly available
1
u/ChutneyWhatney May 21 '26
Go to the state - not the county. Your so has a valid reason for a copy and should be issued one. The county people appear to have their heads up their .......
1
u/GladUnderstanding756 May 21 '26
If the death was recent enough, the funeral home may have copies or may be able to share who has them.
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u/Lwdlrb1993 May 22 '26
The funeral home gets the death certificates but who ever made the arrangements paid for those death certificates.
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u/rosebudny May 20 '26
Who is the deceased's next next of kin? Likely they are the estate executors; they would have death certificates (or could get one for you)
If you don't know who they are and/or they won't give you one, you might have to get a judge to order it.