Death Certificates

Why do I need to obtain a death certificate?

There are some important steps you may ultimately need to take in order to settle your loved one's affairs. Many of these steps may require a death certificate, such as:

• collecting death benefits or life insurance;
• taking control of family assets such as bank accounts, pension funds, and other property (like homes or automobiles) that are held in the name of the deceased person;
• probating a will; and
• completing a final tax return.

How do I obtain a death certificate for a missing person whose remains have not yet been recovered and identified due to the World Trade Center disaster?

The City and State of New York have developed a streamlined procedure to help affected families obtain death certificates on an expedited basis. As a result, it is hoped that, in most cases, families will be able to secure a death certificate within 1-2 weeks from the date of application.

How do I begin this process?

Before beginning this process, a formal missing person's report must be made at a local police precinct or at a Disaster Assistance Service Center in Manhattan. If a person has not been reported missing, a family member may make this report by calling the NY Police Department Hotline at (646) 710-6149. You can begin the process of getting a death certificate by mail or in person by appointment at the New York City Law Department, 59 Maiden Lane (212) 232-1058. Law Department Lawyers will assist you in preparing the necessary documents and will file them with the appropriate court for you.

Who can participate in this process?

Anyone can assist in compiling the information about the deceased person needed to obtain a death certificate, but only the nearest "next of kin" of the deceased should sign the required paperwork. The nearest next of kin for this purpose, is the person highest up on the following list:

• the spouse or the domestic partner registered with the City Clerk or with the former City Department of Personnel (roommates or couples who live together, but have not registered, do not fit this description);
• a child who is 18 years of age or over;
• a grandchild or other descendant who is 18 years of age or over;
• a parent;
• a brother or sister or one of their descendants who is 18 years of age or over;
• a grandparent;
• a great grandparent, or uncle or aunt who is 18 years of age or over; or
• any other person entitled to share in the estate.

The above-listed categories are not exhaustive. If you would like to participate in this process but are not sure whether you are the nearest next of kin, or if you have any other questions about the process, contact the Law Department staff at (212) 232-1058 or consult a volunteer attorney through the City Bar Fund (212) 382-4763.

What sort of information will I need to know about my loved one?

In order to obtain a death certificate, you will need to complete a Law Department Intake sheet and an affidavit (a sworn, signed, and notarized document) that provides detailed information about your loved one. Volunteer lawyers will help you complete the affidavit, which will ultimately be filed in court by the Corporation Counsel of the City of New York. You may need to provide the following information:

• your name, residence, and relationship to the missing person;
• details about your last contact with the missing person;
• the basis for the belief that the missing person was at the World Trade Center on September 11, 2001 (such as employment);
• efforts made to locate the missing person (such as contacting the employer, filing a missing persons report, leaving messages for the missing person);
• the missing person's usual place of residence, including street address, county, city, state, country and zip code;
• the missing person's social security number;
• whether the missing person ever served in the armed forces of the United States, and if so, what branch and the dates of service;
• the missing person's marital/domestic partner status and, if married, the name of the spouse, including a wife's maiden name if applicable;
• the missing person's date and place of birth;
• the missing person's occupation (try to bring proof of employment, such as a paystub), and if the person was retired, what type of work he or she did prior to retirement;
• the kind of business or industry in which the missing person pursued that occupation;
• the highest grade of education completed by the missing person;
• other names by which the missing person was known;
• the name of the missing person's father and the maiden name of the missing person's mother;
• the name, address, telephone number, and relationship of the missing person's next of kin; and
• if you are not the missing person's next of kin, an explanation of the relationship between you and the missing person and an explanation of why you are the person seeking a declaration of death.

Additional documentation about the missing person will be obtained by the City of New York directly from employers, airlines, and the New York City Fire and Police Departments. If the missing person was not a person who was working at the WTC, airline passenger or crew, or a uniformed rescue worker, you will have to provide information showing the person's presence at the WTC the morning of September 11.

What documentation will I need about myself?

You will need to bring a government issued photo I.D., such as your driver's license or passport. You will also need a document showing your relationship to the missing person. Examples of the types of documents that you may use to establish this relationship are as follows:

• the spouse of a missing person should provide a copy of the marriage certificate.
• a registered domestic partner should provide a copy of the registration.
• a child 18 years of age or over should provide a birth certificate showing his or her relationship to the missing person, and proof of the death or divorce of any spouse who would otherwise be the nearest next of kin.

What if I want to do the process by mail, not in person?

If you would rather not come to the Family Assistance Center in person, this process may be completed by mail. You can download the forms on the internet through the following website: www.nyc.gov/html/em/dth_cert.html. Be sure to download both the Intake form and the Affidavit by Person with Personal Knowledge for Issuance of Death Certificate. Both must be completed.

When you have filled out the forms, fax them to (212) 232-1188, attention "World Trade Center Unit," for review by a Law Department attorney. When the attorney has approved the content, the affidavit should be put in final form and notarized. If you are completing the documents outside New York State, the affidavit must be notarized in accordance with the requirements of the location where the document is being completed. Notaries are available at the Family Assistance Center, banks, and many pharmacies or copy centers. The completed affidavit and intake form (which must contain the number for the missing person report filed with the New York City Police Department) can either be delivered in person or mailed to: The New York City Law Department, World Trade Center Unit, 59 Maiden Lane, 15th Floor, New York, NY 10038.

Is there a deadline for obtaining a death certificate?

No deadline for applying has been set. The City of New York hopes to continue to make this service available so that all affected individuals who would like to participate can do so when they are ready.

Do I or my missing loved one need to be a resident of New York in order to
participate in this process?

No. This process can be used to obtain a certificate of death for all missing persons believed to have been at the World Trade Center on September 11, 2001, regardless of nationality or state of residence. If the nearest next of kin lives outside of the United States, he or she should contact the U.S. Consulate in his or her home country for information about additional requirements and for assistance. If travel to the consulate is burdensome, contact (212) 232-1058 for additional information or assistance.

Must I go through this process in order to secure a death certificate?

No. This is a purely voluntary process that has been developed to help affected families who wish to secure a death certificate. If you would like to secure a death certificate, this will be the fastest way to do so. When making this decision, you should consider that a death certificate is required for certain benefits that may be available to you.

Does this process affect probate?

No. Obtaining a death certificate is just a way of formally memorializing the fact of someone's death. It does not start the probate process or affect the distribution of a person's property (see the Wills Section of this handbook).

If I begin this process, will attempts to rescue or identify my loved one stop?

No. This process will not in any way affect the attempts being made to find survivors or to identify bodies found at the World Trade Center.

Please be aware that the procedures described above may change. For the most up to date information on how to obtain a certificate of death for a loved one, contact the City Law Department at (212) 232-1058 or check their website at www.nyc.gov/html/em/dth_cert.html.

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