Ariz. Admin. Code § 9-19-315

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-19-315 - Requesting a Certified Copy of a Certificate of Death Registration

A. A funeral director eligible to receive a certified copy of a deceased individual's certificate of death registration according to R9-19-314(B)(1) or the funeral director's designee according to R9-19-314(B)(2) may request a certified copy of the deceased individual's certificate of death registration by submitting to the State Registrar or a local registrar:

1. A written request on the letterhead of the funeral establishment or in a Department-provided format, that includes:

a. The name and license number of the funeral director;

b. Contact information for the funeral director, which includes a telephone number or an e-mail address;

c. If applicable, the name and contact information for the funeral director's designee, which includes a telephone number or an e-mail address;

d. The name and address of the funeral director's funeral establishment;

e. The deceased individual's:

i. Name in the deceased individual's registered death record,

ii. Date of birth, and

iii. Date of death;

f. If known, the:

i. Sex of the deceased individual,

ii. State file number,

iii. Town or city of the deceased individual's death,

iv. County of the deceased individual's death,

v. Place of the deceased individual's death, and

vi. Deceased individual's Social Security Number;

g. The number of certified copies of the individual's certificate of death registration being requested; and

h. The dated signature of the funeral director submitting the request and, except as provided in subsection (B), either:

i. With the funeral director's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the funeral director that contains the funeral director's name and signature;

2. Except when the name of the funeral establishment specified according to subsection (A)(1)(d) is included in the deceased individual's registered death record, a copy of documentation demonstrating that the (H)(1)(c) director or the funeral director's funeral establishment has a valid contract to furnish funeral goods or services as defined in A.R.S. § 32-1301, related to a final disposition of the deceased individual's human remains; and

3. The fee in R9-19-105 for each certified copy of the deceased individual's certificate of death registration being requested.

B. A funeral director or the funeral director's designee requesting a certified copy of a deceased individual's certificate of death registration according to subsection (A) may submit the written request in subsection (A)(1) with the funeral director's or the funeral director's designee's signature, if the funeral director or the funeral director's designee has submitted to the State Registrar or a local registrar:

1. A copy of a valid, government-issued form of photo identification of the funeral director or the funeral director's designee, as applicable; and

2. Documentation verifying current employment by the funeral establishment specified according to subsection (A)(1)(d) dated within the 12 months before the deceased individual's death was registered.

C. A person eligible to receive a certified copy of a deceased individual's certificate of death registration according to R9-19-314(B)(3) through (12) may request a certified copy of the deceased individual's certificate of death registration by submitting to the State Registrar or a local registrar:

1. A written request, in a Department-provided format, that includes:

a. The name and mailing address of the person submitting the request;

b. Contact information for the person submitting the request, which includes a telephone number or an e-mail address;

c. The person's relationship with the deceased individual that makes the person eligible to receive a certified copy of the deceased individual's certificate of death registration;

d. The deceased individual's:

i. Name in the deceased individual's registered death record,

ii. Date of birth, and

iii. Date of death;

e. If known, the:

i. Sex of the deceased individual,

ii. State file number,

iii. Town or city of the deceased individual's death,

iv. County of the deceased individual's death,

v. Place of the deceased individual's death,

vi. Funeral establishment or person responsible for the final disposition of the deceased individual's human remains, and

vii. Deceased individual's Social Security Number;

f. Whether the certified copy of the deceased individual's certificate of death registration is to be used in a claim against the U.S. government for one of the following and, if so, which of the following:

i. Social Security or similar retirement benefits;

ii. Allotments to dependents of military personnel on active service;

iii. Pensions to veterans of the armed forces or their survivors;

iv. Payments of U.S. government or NSLI life insurance proceeds; or

v. Any other claim that, as determined by the State Registrar, meets the general requirements of A.R.S. § 39-122(A);

g. The number of certified copies of the deceased individual's certificate of death registration being requested; and

h. The dated signature of the person submitting the request, either:

i. With the person's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the person that contains the person's name and signature;

2. One or more evidentiary documents demonstrating that the person is eligible to receive a certified copy of the deceased individual's certificate of death registration; and

3. Except as provided in A.R.S. § 39-122(A), the fee in R9-19-105 for each certified copy of the deceased individual's certificate of death registration being requested.

D. The following provides examples of documentation that meets the requirement in subsection (C)(2):

1. For the surviving spouse of the deceased individual whose name is included in the deceased individual's registered death record, a copy of the marriage certificate for the deceased individual and the spouse;

2. For a person who is the deceased individual's parent, grandparent, or adult child, grandchild, brother, or sister:

a. Either:

i. A copy of one or more certificates of birth registration or certificates of death registration that show the person's relationship to the deceased individual or, if a parent's name is included in the deceased individual's registered birth record or registered death record, the deceased individual's parent; or

ii. For births or deaths registered in Arizona, information about the person or a related person whose birth or death was registered in Arizona, such as the person's name, date of birth, or parent's name and date of birth or date of death, that would enable the Department to locate the person's or related person's registered birth record or registered death record; and

b. If applicable, a copy of a court order of adoption, certified by the issuing court, or a certificate of adoption with a court seal, for the deceased individual or the deceased individual's parent or adult child, grandchild, brother, or sister that shows the person's relationship to the deceased individual;

3. For a person designated in a power of attorney, established by a person eligible according to R9-19-314(B)(3), (4), or (5):

a. A copy of the power of attorney; and

b. Documentation as specified in subsection (D)(1) or (2), demonstrating that the person is eligible, according to R9-19-314(B)(3), (4), or (5), to receive a certified copy of the deceased individual's certificate of death registration;

4. For another responsible person, a copy of documentation demonstrating that the responsible person meets the definition of "responsible person" in AR.S. § 36-301;

5. For a person named in the deceased individual's last will and testament as the executor of the deceased individual's estate or as a beneficiary of the deceased individual's estate, a copy of the deceased individual's last will and testament;

6. For a person named as a beneficiary of a life insurance policy on the deceased individual, a copy of the life insurance policy for the deceased individual or other documentation from the company that issued the life insurance policy specifying the person as a beneficiary;

7. For a person named in a court order to receive a certified copy of the deceased individual's certificate of death registration, a copy of the court order, certified by the issuing court; and

8. For a person authorized in writing to receive a certified copy of the deceased individual's certificate of death registration by a person who is eligible to receive a certified copy of the deceased individual's certificate of death registration according to R9-19-314(B)(3), (4), (5), or (6):

a. A written statement from the person authorized in writing to receive a certified copy of the deceased individual's certificate of death registration, that includes:

i. The deceased individual's name;

ii. The name of and contact information for the person authorized to receive a certified copy of the deceased individual's certificate of death registration;

iii. The name of and contact information for the person who is eligible to receive a certified copy of the deceased individual's certificate of death registration according to R9-19-314(B)(3), (4), (5), or (6) and who authorized the person in subsection (D)(8)(a)(ii) to receive a certified copy of the deceased individual's certificate of death registration; and

iv. The signature of the person authorized to receive a certified copy of the deceased individual's certificate of death registration;

b. The notarized signature of the person authorized to receive a certified copy of the deceased individual's certificate of death registration or the copy of a valid, government-issued form of photo identification that contains the name and signature of the person authorized to receive a certified copy of the deceased individual's certificate of death registration, as required in subsection (C)(1)(h);

c. A copy of documentation demonstrating that the person specified according to subsection (D)(8)(a)(iii) is eligible to receive a certified copy of the deceased individual's certificate of death registration; and

d. A copy of documentation demonstrating that the person specified according to subsection (D)(8)(a)(ii) is authorized by the person specified according to subsection (D)(8)(a)(iii) to receive a certified copy of the deceased individual's certificate of death registration.

E. An insurance company with which the deceased individual had a policy, or a bank, a credit union, a mortgage lender, or another financial institution with which the deceased individual had an account or other business relationship may request a certified copy of a deceased individual's certificate of death registration by submitting to the State Registrar or a local registrar

1. A written request, on the letterhead paper of the insurance company, bank, credit union, mortgage lender, or other financial institution or in a Department-provided format, that includes:

a. The name and address of the insurance company, bank, credit union, mortgage lender, or other financial institution;

b. The name of and contact information for the insurance company's, bank's, credit union's, mortgage lender's, or other financial institution's designee for the request, which includes a telephone number or an e-mail address;

c. The information in subsections (C)(1)(d and (e);

d. If applicable, a description of the policy the deceased individual had with the insurance company;

e. If applicable, a description of the account or other business relationship the deceased individual had with the bank, credit union, mortgage lender, or other financial institution;

f. The reason the insurance company, bank, credit union, mortgage lender, or other financial institution is requesting a certified copy of the deceased individual's certificate of death registration; and

g. The dated signature of the insurance company's, bank's, credit union's, mortgage lender's, or other financial institution's designee, either:

i. With the designee's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the designee that contains the designee's name and signature;

2. A copy of documentation verifying that the designee is representing the insurance company, bank, credit union, mortgage lender, or other financial institution;

3. As applicable, a copy of documentation demonstrating that the deceased individual had a policy with the insurance company or an account or other business relationship with the bank, credit union, mortgage lender, or other financial institution; and

4. The fee in R9-19-105 for the certified copy of the deceased individual's certificate of death registration.

F. A hospital or other health care institution processing a claim against the deceased individual's estate may request a certified copy of a deceased individual's certificate of death registration by submitting to the State Registrar or a local registrar

1. A written request, on the letterhead paper of the hospital or other health care institution or in a Department-provided format, that includes:

a. The name and address of the hospital or other health care institution;

b. The name of and contact information for the hospital's or other health care institution's designee for the request, which includes a telephone number or an e-mail address;

c. The information in subsections (C)(1)(d) and (e);

d. A description of the claim against the deceased individual's estate;

e. The reason the hospital or other health care institution is requesting a certified copy of the deceased individual's certificate of death registration; and

f The dated signature of the hospital's or other health care institution's designee, either:

i. With the designee's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the designee that contains the designee's name and signature;

2. A copy of documentation verifying that the designee is representing the hospital or other health care institution;

3. A copy of documentation demonstrating that the hospital or other health care institution has a claim against the deceased individual's estate; and

4. The fee in R9-19-105 for the certified copy of the deceased individual's certificate of death registration.

G. Another person having a court order demonstrating a claim against the deceased individual's estate may request a certified copy of a deceased individual's certificate of death registration by submitting to the State Registrar or a local registrar

1. A written request from the person having a court order demonstrating a claim against the deceased individual's estate, on the person's letterhead paper or in a Department-provided format, that includes:

a. The name of and contact information for the person having a court order demonstrating a claim against the deceased individual's estate, which includes a telephone number or an e-mail address;

b. If the person is not an individual, the name of and contact information for the person's designee for the request, which includes a telephone number or an e-mail address;

c. The information in subsections (C)(1)(d) and (e);

d. A description of the claim against the deceased individual's estate;

e. The reason the person is requesting a certified copy of the deceased individual's certificate of death registration; and f The dated signature of the person submitting the request or, if applicable, the person's designee, either

i. With the person's or designee's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the person or designee, as applicable, that contains the person's or designee's name and signature;

2. If applicable a copy of documentation verifying that the designee is representing the person;

3. A copy of the court order demonstrating that the person has a claim against the deceased individual's estate; and

4. The fee in R9-19-105 for the certified copy of the deceased individual's certificate of death registration.

H. An attorney representing a person who is eligible to receive a certified copy of the deceased individual's certificate of death registration may request a certified copy of a deceased individual's certificate of death registration by submitting to the State Registrar or a local registrar:

1. A written request, on the attorney's letterhead paper or in a Department-provided format, that includes:

a. The attorney's name and state bar number;

b. Contact information for the attorney, which includes a telephone number or an e-mail address;

c. The name of the person the attorney is representing;

d. The relationship of the person in subsection (H)(1)(c) to the deceased individual;

e. The information in subsections (C)(1)(d) and (e);

f. If the attorney is representing a person in R9-19-314(B)(3) through (12), the number of certified copies of the individual's certificate of death registration being requested

g. The dated signature of the attorney, either:

i. With the attorney's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the attorney that contains the attorney name and signature;

2. A copy of the attorney's retainer agreement with the person who is eligible to receive a certified copy of the deceased individual's certificate of death registration;

3. The applicable documentation demonstrating the eligibility of the person specified according to subsection (H)(1)(c) to receive a certified copy of the deceased individual's certificate of death registration; and

4. The fee in R9-19-105 for each certified copy of the deceased individual's certificate of death registration being requested.

I. The consulate of a foreign government eligible to receive a certified copy of a deceased individual's certificate of death registration according to R9-19-314(B)(18) may request a certified copy of a deceased individual's certificate of death registration on behalf of one of the persons identified in R9-19-314(B)(3), (4), (5) or (6) by submitting to the State Registrar or a local registrar:

1. A written request, on the letterhead of the consulate, that includes:

a. The name and address of the consulate;

b. The name of and contact information for the consulate's designee for the request, which includes a telephone number or an e-mail address;

c. The name of the person the consulate is representing;

d. The relationship of the person in subsection (I)(1)(c) to the deceased individual;

e. The information required in subsection (C)(1)(d) and (e);

f The reason the consulate is requesting a certified copy of the individual's certificate of death registration;

g. The number of certified copies of the deceased individual's certificate of death registration being requested; and

h. The dated signature of the consulate's designee;

2. Documentation verifying that the consulate's designee is representing the consulate;

3. A written statement, signed by the consulate's designee, attesting that the consulate has verified that the person identified according to subsection (I)(1)(c) is eligible under R9-19-314(B)(3), (4), (5) or (6) to receive a certified copy of the deceased individual's certificate of death registration and

4. The fee in R9-19-105 for each certified copy of the deceased individual's certificate of death registration being requested.

J. A governmental agency processing a financial claim, a governmental benefit application, or another form of compensation on behalf of a deceased individual or the deceased individual's estate or having another official purpose for a certified copy of the deceased individual's certificate of death registration may request a certified copy of the deceased individual's certificate of death registration by submitting to the State Registrar or a local registrar:

1. A written request, on the governmental agency's letterhead paper or in a Department-provided format, that includes:

a. The name and address of the governmental agency;

b. The information required in subsection (C)(1)(d) and (e);

c. The name of and contact information for the governmental agency's designee for the request, which includes a telephone number or an e-mail address;

d. A description of the:

i. Action the governmental agency is taking on behalf of the deceased individual or the deceased individual's estate, or

ii. Official purpose for which the governmental agency needs a certificate of the individual's death registration;

e. The reason the governmental agency is requesting a certified copy of the individual's certificate of death registration; and

f. The dated signature of the governmental agency's designee, accompanied by a copy of the designee's identification badge from the governmental agency verifying that the designee is an employee of the governmental agency; and

2. Unless the governmental agency is an agency as defined in A.R.S. § 41-1001, the fee in R9-19-105 for the certified copy of the deceased individual's certificate of death registration.

Ariz. Admin. Code § R9-19-315

Former Section R9-19-315 renumbered as Section R9-19-319, new Section R9-19-315 adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-315 renumbered to R9-19-317, new Section R9-19-315 renumbered from Section R9-19-313 and amended effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). Adopted by final rulemaking at 22 A.A.R. 1783, effective 10/1/2016. Amended by final expedited rulemaking at 26 A.A.R. 1534, effective 7/7/2020.