How Long Does it Take to Get Death Certificates in Texas?
Texas’ new electronic registration system is leaving funeral directors frustrated and families waiting for death certificates for up to six weeks.
ELECTRONIC REGISTRATION
On January 1, 2019 the State of Texas launched the Texas Electronic Vital Events Registrar (TxEVER). TxEver replaced the obsolete Texas Electronic Registration (TER) system that had been used since 2007 to register deaths electronically in Texas. The roll out has been anything but smooth. In order to use the new TxEver system, funeral directors and medical certifiers have had to complete training and be reissued new login credentials in order to use the system.
DEATH CERTIFICATION TIMELINE
When a person dies it is the responsibility of the funeral director or person acting as such to file a death certificate (record) with the State of Texas. In Texas the death record must be submitted to the state within 10 days of the date of death. A physician, medical examiner or Justice of the Peace who is required to medically certify the death record has five days to certify the death once he/she is notified and receives the death record.
FILING THE RECORD
Once the medical certification is complete the funeral director must submit the death certificate electronically to the Texas Department of State Health Services – Vital Records Division in Austin, TX. Unfortunately, there is no statutory requirement on the amount of time the State has to issue certified copies of the death certificate.
RECEIVING CERTIFIED COPIES
As of today (February 12, 2019) we are experiencing delays of 4 to 6 weeks from the time we file the record until we receive the certified copies of the death certificate. I can only assume that the delay is due to technical issues with the new TxEver system and staffing shortages at the Department of State Health Services.
REMEDY
At this time there appears to be no short term solution for the delay. Every funeral establishment in Texas is experiencing delays. We at Lone Star Cremation share your frustration! Our goal is to complete the cremation and secure death certificates for the families we serve in a timely and professional manner. This delay from the state is unfortunate; however, rest assured we are monitoring the situation and staying vigilant on the process.
Roy H Kiser, Jr.
roy@lonestarcremation.com
Roy is a Texas’ Licensed Funeral Director, Embalmer, Pre-Need Insurance Agent and a Certified Crematory Operator. He is a graduate of Baylor University and Commonwealth Institute of Funeral Service. He is the owner of Lone Star Cremation and has been actively involved in funeral service since 1990. Lone Star Cremation provides high value, affordable cremation services in the Dallas, Fort Worth and Waco areas.
Judy Caputo
My sister died on December 19, 2018, Amarillo Texas and we have not received a death certificate as of April 14, 2019.
The hard ship this is causing families is not right. No accounts can be closes, no insurance can be paid, ,but the premiums still have to be paid each month even though the person has passed.
No excuse!
Roy Kiser
Hi Judy,
I hope the funeral home you used finally got you the death certificates. If you have a chance share you experience with your state representative. That appears to be the only way this situation has a chance of getting resolved.
Regards,
Roy
Shannon Phillips
My husband accidentally died on April 28. His death certificate reads that methanphetamine was found in his body at the time he was admitted to the ER. He has never and currently was not doing ANY illegal drugs. He was, however taking Adderall for AADD. Whomever filled out his death certificate royally messed up. His toxicology reports say NOTHING about illegal drugs in his system. Now I’m battling the hospital to have it corrected. Can I take legal action against the hospital?
Roy Kiser
Hi Shannon,
In Texas, death certificates are certified by a physician, medical examiner or Justice of the Peace. If he died in the ER and an autopsy was performed and toxicology was ordered, then in all probability the death certificate was certified by a medical examiner. (It should say on the death certificate.) The hospital where he died would have nothing to do with the stated cause of death. Death certificates can be medically amended in Texas if the person who certified the death believes there was an error in determining the cause of death. However, if in fact it was a medical examiner who signed the death certificate then the cause of death is final. You should contact the funeral provider who handled his arrangements for more detailed information.
Roy
Erica
Has the process of waiting on death certificate improved since April 2019, just wondering how long of a wait it would be for me and my family. Thank you
Roy Kiser
Hi Erica,
We have seen some improvement but it is very sporadic. We are currently seeing average wait times of approximately 2 to 3 weeks from the time we file until we receive the certified death certificates. However, some records are still taking as long as 4 to 5 weeks.
Roy
Erica
Thank you so much, I appreciate the fast response.
April
My husband died in Shreveport la but his autopsy was done in Dallas TX who will have the death certificate
Roy Kiser
Hi April,
The death certificate will be on file in Louisiana since that was the place of death. Your funeral director should be coordinating this for you. The autopsy was done in Dallas in all likelihood because the Shreveport Coroner’s Office sent the body to Dallas for autopsy. Not all coroner’s office have the ability to do autopsies in-house.
Maria
My mom dies suddenly due to medication prescribed by Primary Care Physician which was wrongfully prescribed (a black box warning was issued by FDA) this should have been the cause of death yet the PCP was the one who filled out the death certificate and failed to state that on certificate. PCP also failed to properly complete the certificate what can I do.
Roy Kiser
Hi Maria,
In Texas if the cause of death is mistakingly completed on the death certificate it can be amended by the person who certified the death. You can request that the PCP amend the death certificate. However, it is highly unlikely that he/she would be willing to change the cause of death based on your assumptions. I have had families that ordered a private autopsy and used those findings to pursue a legal resolution. I am assuming your mother’s remains have already been buried or cremated? If this is the case, your options will be limited.
Linda
My father recently passed on September 14, 2019 due to pancreatic cancer. The hospice doctor has yet to determine cause of death and the death record has not been submitted. Is there anything we can do? What are our next steps? Dad wanted to be cremated and his body has been in cold storage since his death. Any information would be appreciated. So hard for us.
Roy Kiser
Hi Linda,
By law the doctor has 10 days to sign the death certificate. There is very little you can do until his allowed time has elapsed. Request that your cremation provider call the doctor every day until the death certificate is signed. I would also call the hospice and express your concern.
Best regards,
Roy