Vital Records for Estate Planning, Wills, and Probate

When someone passes away, their family is often left to handle legal and financial matters during an emotional time.

One of the most important parts of this process is having the right vital records ready to go.

Vital records include documents like birth certificates, death certificates and marriage licenses.

These records are not just paperwork.

These legal tools help courts, banks, and lawyers settle an estate and carry out a person’s final wishes.

Why Do Vital Records Matter in Estate Planning?

You often need vital records before you can even begin the estate process.

Vital records help:

• Prove family relationships, such as who the spouse or children are
• Confirm the person’s legal identity and citizenship
• Verify who qualifies as a legal heir or beneficiary
• Support claims to inheritance or property
• Identify guardians or dependent children

Without these documents, probate courts may delay or deny important steps like distributing assets or transferring property.

The death certificate is the most important starting point

The death certificate is usually the first document needed after someone dies.

It proves that the person has passed and allows the executor to begin managing the estate.

You will need the death certificate to:

• File for probate with the court
• Access bank accounts or insurance policies
• Claim Social Security or pension benefits
• Transfer home titles or vehicles
• Notify government agencies and creditors

Most families need multiple certified copies of the death certificate.

Plan to order around 10 to 15 copies since many institutions require their own copy.

Funeral homes can often request these for you. If you need more copies later, you can order them through your state’s vital records office. Or, you ca order your vital records online through StateVitalRecords.org.

Other vital records you may need

Besides the death certificate, other records are often required during estate planning and probate.

Birth certificates

Used to prove the identity of children or grandchildren. These help confirm who the legal heirs are, especially when the will is unclear or missing.

Marriage certificates

Show proof of a surviving spouse’s relationship to the deceased.

This is especially important when dividing property or confirming rights under state law.

Divorce decrees

Clarify if a previous marriage ended before the person died.

Providing these records prevents legal issues with ex-spouses and confirms who can inherit.

What If Names or Dates Don’t Match on Vital Records?

Even small errors in vital records can cause problems.

If names, birthdates, or other details don’t match between documents, courts or banks may delay the probate process.

The process is easier to fix these records before someone passes away.

If you need changes later, you may have to file court motions, provide more evidence, or submit additional affidavits.

Consider reviewing your own records and fixing mistakes early.

Correcting an old birth certificate or updating a marriage license now can save time and stress for your loved ones later.

When Do You Need Vital Records During Probate?

Here’s a basic timeline for how vital records are used during the estate process:

1. Filing probate

Usually, within the first few months after death, the executor files paperwork with the court.

This includes the original will and a certified death certificate.

2. Notifying heirs

The executor must legally notify heirs and beneficiaries. Birth and marriage records help confirm who qualifies as an heir.

3. Managing assets

Banks usually need a certified death certificate and proof that you’re the executor.

4. Distributing the estate

If there are questions about who should inherit, more documents may be needed. Courts might ask for adoption records, divorce decrees, or older family certificates to confirm relationships.

What happens if vital records are missing?

Missing or incomplete documents can cause major delays.

If you can’t get a birth or death certificate, you may need court approval or alternate proof like school records or notarized statements.

In some cases, a probate attorney can help gather required documents or explain missing records to the court.

Plan by organizing your vital records now

The best way to avoid stress for your family is to organize your vital records as part of your estate plan.

Here’s what to gather:

• Your birth certificate
• Marriage license or divorce decree
• Adoption papers, if applicable
• Name change documents, if your legal name has changed
• A list of where all certified records are stored

Keep these documents in a safe place with your will or trust.

Let your executor or a trusted family member know where they are. Review and update these records if your family situation changes.

Apply for Your Vital Records Online

If you’re trying to find or order certified records from different states, the process can get confusing.

That’s where a service like StateVitalRecords.org can help.

StateVitalRecords.org allows you to:

• Easily obtain certified birth, death, and marriage certificates
• Get state-specific instructions and deadlines
• Upload documents securely and track your order
• Avoid long processing times caused by typos or missing paperwork

If any forms need a notary, you can finish that step online with NotaryLive.

Vital records are a key part of estate planning and probate. They help confirm identities, relationships, and legal rights.

Without them, even the best estate plan can run into delays.

Taking time now to gather and organize your records can give your family peace of mind later.

Having the right documents ready makes handling an estate much easier.

How Does StateVitalRecords Work?

If you need a copy of your birth, marriage, or death certificate, you have a few simple ways to get one.

In order to receive a replacement or certified copy of your state...

1. Online

Complete the online order form for a birth, marriage, or death certificate by choosing your state.

After checkout, make sure to upload any required supporting documents.

If you missed this step, you can submit them later using the order lookup feature.

2. By Mail (Self-Service)

You can also use StateVitalRecords.org if you’d like to order your birth certificate by mail.

• Download and fill out the necessary form(s) provided on their site.
• Get your sworn statement notarized either by a local notary or online through NotaryLive.com.
•  
• Print your completed application and the notarized sworn statement.
•  
• Mail your documents and payment (check or money order) to the vital records office listed on your form.

This mail-in process is a self-service option.

3. In Person

• Visit your nearest Vital Records office.
• Bring a valid form of identification.
• Pay the applicable fee (cash, check, money order, credit, or debit).
• You can apply directly at certain local Vital Records offices, or complete the process online through StateVitalRecords.org.

StateVitalRecords & NotaryLive

• Order online – Submit the form on State Vital Records through our online order form.
• Some states require your application or sworn statement to have a notarization. Through State Vital Records’ partnership with NotaryLive, you can complete that notarization online, anytime.

(Note: Please note that additional fees apply when using NotaryLive for convenient, remote online notarization.)

• Upload Your Document
• Verify Your Identity
• Connect Online With An Online Notary
• NotaryLive Routes Your Documents to State Vital Records Automatically
• State Vital Records – After notarization through NotaryLive,  State Vital Records will send the application to the jurisdiction. This is where the jurisdiction is responsible for the rest of the application process.
• Jurisdiction – Will complete the order and mail a copy of the requested vital records to you

If you require assistance in notarizing your document, please contact [email protected]. Interested in the notarization process? Click here to learn more.

Looking to order your state vital records? Click here to make a request. Have any questions, contact us!

Frequently Asked Questions

• What documents do I need to order a birth certificate online? 
  • Generally, you’ll need the following:
    • Proof of identity: A valid government-issued ID (e.g., driver’s license, passport)
    • Information about the individual: Full name, date of birth, and parents’ names.
    • Payment method: A credit card or debit card for the processing fee.
• What’s the fastest way to get a copy of my birth certificate?
  • StateVitalRecords.org lets you order vital records easily and sends your application to the correct state for processing.