OAR 333-011-0300
Amendments to Death Records

(1)

To amend a death record, application may be made by the informant, the next of kin of the decedent, person acting as the funeral service practitioner who signed the report of death, or a funeral service practitioner employed by the licensed funeral establishment that submitted the report of death.

(a)

Next of kin is, in order of preference:

(A)

Spouse of the decedent;

(B)

A son or daughter age 18 or older of the decedent;

(C)

The mother or the father of the decedent;

(D)

A brother or sister age 18 or older of the decedent;

(E)

The guardian of the decedent at the time of death;

(F)

The personal representative of the estate of the decedent; or

(G)

The person nominated as the personal representative of the decedent in the decedent’s will.

(b)

Applications to amend the medical certification of cause of death shall be made only by the physician who signed the medical certification or the medical examiner.

(c)

A completed and signed affidavit in a format prescribed by the state registrar is required for all amendments.

(2)

When the marital/partnership status is shown as married/partnered and a surviving spouse/partner is listed on the death record of the decedent then the marital/partnership status shall be changed to:

(a)

Widowed and the spouse/partner removed if a certified copy of a death record for the spouse/partner documenting that the spouse/partner died prior to the death of the decedent is submitted by the informant.

(b)

Divorced or never married and the spouse/partner removed if a certification of divorce/dissolution/annulment documenting that the event occurred prior to the death of the decedent is submitted by the informant.

(3)

If the marital/partnership status is shown as married/partnered and surviving spouse/partner is listed as unknown or is blank on the death record, then a certified copy of the record of marriage/partnership must be provided to add the name of the surviving spouse/partner.

(4)

If the marital/partnership status is shown as married/partnered and the surviving spouse/partner is listed on the death record then an order from a court of competent jurisdiction will be needed to change that spouse/partner to a different person.

(5)

When the marital/partnership status is shown as divorced, widowed, or never married and no surviving spouse/partner is listed on the death record of the decedent then the marital/partnership status shall be amended to married/partnered and the surviving spouse/partner added upon receipt of notarized affidavits from both the informant and from the alleged surviving spouse/partner stating that an error was made and stating the correct information, and either:

(a)

A certified copy of the marriage/partnership record showing that the person to be listed as the surviving spouse/partner was married to/partnered with the decedent prior to death is submitted by the informant; or

(b)

An order from a court of competent jurisdiction issued in a legal action indicating that the person was in a common-law marriage with the decedent at the time of the decedent’s death.

(6)

Other changes to marital/partnership status and surviving spouse/partner will be made only upon the finding of a court of competent jurisdiction in an order that determined the marital/partnership status of the decedent and identifies the surviving spouse/partner, if appropriate.

(7)

For sections (2) through (5) of this rule, in addition to documentation required, the informant listed on the death record shall be notified of the requested change and given the opportunity to respond prior to the state registrar amending the death record. If the informant disagrees with the change, marital status and surviving spouse can only be changed upon receipt of an order from a court of competent jurisdiction.

(8)

Amendment to other items on the death record:

(a)

Signatures may not be amended.

(b)

Other personal and statistical items on the death record may be amended by the funeral services practitioner based on a correction affidavit.

(c)

Other personal and statistical items on the death record shall be amended by the informant or next of kin only if supported by an affidavit and documentary evidence that is acceptable to the state registrar.

(d)

An order from a court of competent jurisdiction may be used to amend any item except signatures, the date of registration, or to amend the date of death to a date that is after the date of registration.

(9)

Notwithstanding sections (2) through (7) of this rule, any item may be amended except signatures if the amendment is required because of clerical error by the facility, institution or individual responsible for submitting the report. The request for amendment shall be supported by a written statement explaining the error.

Source: Rule 333-011-0300 — Amendments to Death Records, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-011-0300.

333‑011‑0205
County Vital Records Services 333‑011‑0210
Prenatal Care Information 333‑011‑0215
Registering Live Births that Occur Outside of a Facility with a Licensed Birth Attendant or Non-licensed Midwife within One Year of the Date of Birth 333‑011‑0220
Registering Live Births that Occur Outside of a Facility and Without a Licensed Attendant within One Year of the Date of Birth 333‑011‑0225
Registering Live Births that Occur in a Licensed Medical Facility More Than One Year after the Date of Birth 333‑011‑0230
Registering Live Births that Occur Outside a Facility More Than One Year after the Date of Birth 333‑011‑0235
Documentation in Support of an Application to Register a Delayed Report of Live Birth 333‑011‑0240
Review and Filing of Delayed Registration of Live Birth 333‑011‑0245
Denial of Application for Delayed Registration of Live Birth after Two Years 333‑011‑0250
Court Ordered Birth Records 333‑011‑0255
Infants of Unknown Parentage 333‑011‑0260
Amendment of the Same Item More than Once 333‑011‑0265
Amending Birth Records 333‑011‑0270
Voluntary Acknowledgment of Paternity 333‑011‑0271
Application to Change the Name on a Record of Live Birth to Support Gender Identity 333‑011‑0272
Application to Change the Sex on a Record of Live Birth to Support Gender Identity 333‑011‑0273
Amended Records in Support of Gender Identity 333‑011‑0275
New Record of Birth Following Adoption, Legitimation, Paternity Determination, and Paternity Acknowledgement or Change of Sex 333‑011‑0280
Extension of Time for Submission of Report of Death or Fetal Death 333‑011‑0285
Report of Fetal Death Which Occurred Outside a Licensed Medical Facility 333‑011‑0290
Commemorative Certificate of Stillbirth 333‑011‑0295
Authorization for Final Disposition 333‑011‑0300
Amendments to Death Records 333‑011‑0305
Marriage and Oregon Registered Domestic Partnership Records 333‑011‑0310
Record of Dissolution 333‑011‑0315
Disposition of Reports of Induced Termination of Pregnancy 333‑011‑0320
Preservation of Vital Records 333‑011‑0325
Confidentiality and Disclosure of Information from Vital Records or Vital Reports 333‑011‑0327
Acceptable Documentation to Establish Identity of Applicant and Relationship to Registrant 333‑011‑0328
Homeless Individuals 333‑011‑0330
Authentication of Applicant 333‑011‑0335
Copies of Vital Records 333‑011‑0340
Fees
Last Updated

Jun. 8, 2021

Rule 333-011-0300’s source at or​.us