Thank you for your informative post, KTLO. Yes, we very much need a verified attorney to help us out on this thread!
I just wanted to share my thoughts as a layperson:
From your post above:
"For those of you with legal experience, can you clarify this? As I read this document, it states that a death must be certified by an Attending Physician, Medical Examiner, Justice of the Peace or County Judge."
and also:
"I am reading this to mean that first you get the death certified and then you get the certificate. And, only certain people can do this. Is that correct? "
Based on the information at the link you provided at the top of your post, indeed, those are the only people who can certify a death, IMO,
but only when there is a body.
One example:
"
If the death is by natural causes, the cause of death section of the death certificate should be completed and signed by the physician that was responsible for the care and treatment of the condition or disease process that contributed to the death."
And another example:
"Notify the medical examiner or justice of the peace for an investigation or inquest and cause of death certification if law enforcement or someone else has not already done so if any of the following circumstances exist [HSC 193.005, CCP Art. 49.04, CCP Art. 49.25 Sec. 6]:
A body was found and the cause and circumstances of the death are unknown.
The death is believed to be an unnatural death from a cause other than a legal execution (accident, suicide, or homicide).
-SBM for space-"
On the third page of the document you cited, there is a section titled, "
MISSING OR UNRECOGNIZABLE
REMAINS," which states (BBM):
"Before any certificate can be filed,
the person must be declared dead by a District Court in Texas.
VSU is not aware of any statute that specifies a time period to wait before having someone declared legally dead. The District Judge
makes the determination based on the evidence presented to the court. If a court order is obtained,
a Court-Ordered Delayed Certificate of Death must be presented to the County Probate Court Judge in duplicate. The date of death on these types of forms may be completed
to show "Presumed" or "Declared" dead with the date the judge determines to be the date of death. Once the Court-Ordered Delayed Certificates of Death are signed by the judge, one copy should be filed with the county clerk and the other copy with State VSU.
Looking at PaPaw's estate probate case history, it appears this is exactly how PaPaw was declared deceased and his certificate of death was issued:
View attachment 121013
