Registration of death [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective until fulfillment of the contingency in 85 Del. Laws, c. 459, § 4].
Del. Code tit. 16, § 3123
in effect(a) A certificate of death for each death which occurs in this State shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after death, or as soon as possible after a death under subsections (e) and (f) of this section, and prior to final disposition of the dead body, and shall be registered if it has been completed and filed in accordance with this section.
(1) If the place of death is unknown but the dead body is found in this State, the certificate of death shall be completed and filed in accordance with this section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it may be determined by approximation.
(2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this State, the death shall be registered in this State and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the body is first removed from the conveyance in this State, the death shall be registered in this State but the certificate shall show the actual place of death insofar as can be determined.
(b) The funeral director who assumes custody of the dead body shall file the certificate of death with the Office of Vital Statistics unless an official death investigation is required. The funeral director shall obtain the personal data from the next-of-kin or best qualified person or source available and send that data to the attending physician or medical examiner for certification.
(c) (1) When no official death investigation is required, the medical certification shall be completed, signed, and returned to the funeral director within 48 hours after death, or as soon as possible after a death under subsections (e) and (f) of this section, by any of the following:
a. The attending physician.
b. An advanced practice registered nurse (APRN) acting in accordance with § 1902(t) of Title 24.
c. A physician associate (PA) acting in accordance with § 1773 of Title 24.
(2) In the absence of the attending physician, the certificate may be completed and signed by the attending physician’s designated physician or the chief medical officer of the institution in which death occurred if such individual has knowledge about the medical history of the case.
(d) When an official death investigation is required pursuant to § 4706(a) of Title 29, the medical examiner shall assume custody of the dead body, determine the manner and cause of death and shall complete and sign the certificate of death and shall file the certificate of death with the Office of Vital Statistics.
(e) If the cause of death cannot be determined within 48 hours after death, the attending physician or medical examiner shall file with the Office of Vital Statistics a pending certificate of death and a toxicology study shall be performed. If a cause of death cannot be determined after the toxicology study is performed, the remains and all reports or studies sha8/ll be turned over to the Division of Forensic Science for review. When the cause of death is determined a revised certificate of death shall be issued and presented to the funeral director or the funeral director’s agent, who in turn shall file the certificate with the Office of Vital Statistics.
(f) When a death is presumed to have occurred within this State but the body cannot be located, a certificate of death may be prepared by the State Registrar upon receipt of a court order which shall include the finding of facts required to complete the certificate of death. Such certificate of death shall be marked “By Court Order” and shall show on its face the date of registration and shall identify the court and the date of decree.
(g) One of the following individuals shall pronounce a death:
(1) The attending physician.
(2) The medical examiner.
(3) A registered nurse or an advanced practice registered nurse (APRN) acting in accordance with § 1902(t) of Title 24.
(4) The medical control physician under § 1760(b) of Title 24.
(5) A physician associate (PA) acting in accordance with § 1773 of Title 24.
(h) All medical certifications of death required under subsections (c) through (e) of this section must be electronically prepared, certified, and signed by 1 of the individuals designated in subsection (c) or (d) of this section.
(i) All certificates of death shall be electronically filed with the Delaware Vital Events Registration System (DelVERS).
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c031/sc02/index.htmlFetched: 10/4/2026