What to do if there is a mistake on a death certificate for probate in North Carolina?
Detailed Answer
When you open an estate for probate in North Carolina, the clerk of superior court relies on the death certificate to establish the decedent’s identity, date of death and other key facts. A mistake on the certificate can delay court filings, slow asset transfer and create confusion over tax deadlines.
Under North Carolina law, you can correct a death certificate in two ways:
1. Within 30 days of filing: Contact the local Register of Deeds office that filed the original certificate. They handle minor corrections, such as typos or wrong middle names. You must submit a written request and proof of the correct information. The Register can amend the certificate directly.
2. After 30 days: You must request an amendment from the State Office of Vital Records at the North Carolina Department of Health and Human Services. Use the official Application for Correction of Death Certificate form and provide certified supporting documents, such as a driver’s license, hospital record or physician affidavit. The State reviews your request and issues a corrected certificate if it meets statutory requirements.
Key statutes:
– North Carolina General Statute § 130A-118 (Amendment of vital records)
– North Carolina General Statute Chapter 130A, Article 12 (Vital records procedures)
Once you receive the corrected certificate, file it with the clerk of superior court handling the probate estate. If you already opened the estate and discovered the error later, file a motion or petition to submit the amended certificate. The clerk will update the file and accept the new document for all estate purposes.
Key Steps to Correct a Mistake on a Death Certificate
- Identify the exact error and collect supporting documents (driver’s license, birth record, medical records).
- Contact the local Register of Deeds within 30 days for minor corrections under N.C.G.S. § 130A-118.
- After 30 days, complete the Application for Correction of Death Certificate from the State Office of Vital Records.
- Include certified proof of the correct information and pay any required fees.
- Wait for the State Office to issue the corrected certificate.
- File the new certificate with the clerk of superior court or file a motion to amend the probate record.
Call to Action
Correcting a death certificate can feel overwhelming when you’re handling probate. At Pierce Law Group, our attorneys have extensive experience guiding families through this process and preventing court delays. If you found an error on a death certificate or need help with any probate issue, email us at intake@piercelaw.com or call (919) 341-7055.
