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Entitlement Guidelines

The Office of Vital Records is responsible for ensuring that records are only released to those who are entitled to that record. This includes checking the identification of the person requesting the record.

Below are Entitlement Guidelines and Guidelines for Acceptable Proof of Entitlement.

Applicable Laws

The TN laws or Tennessee Code Annotated (TCA) and the Vital Records Rules that apply to Entitlement are:

  • TCA 68-3-205 Disclosure of Records – Rule 1200-07-01.11 Disclosure of Records
  • TCA 68-3-206 Copies of Records – Rule 1200-07-01-.12 Copies of Data from Vital Records

Birth

Entitled Individuals

  • Self
  • Mother
  • Father
  • Son
  • Daughter
  • Husband
  • Wife

Important

  • Father not listed: If the father is not listed on the child's certificate, he is not entitled to the certificate.

Additional Authorized Individuals

  • Legal guardians
  • Legal representatives
  • Attorneys

These individuals will need to provide documentation. See the Acceptable Proof of Entitlement section below.

Commemorative Certificate of Nonviable Birth (Central Office)

Entitled Individuals

  • Parents listed on the Worksheet and Application for Commemorative Certificate of Nonviable Birth

Death Without Cause

Entitled Individuals

  • Mother
  • Father
  • Son
  • Daughter
  • Husband
  • Wife

Funeral Directors

  • Funeral Directors are entitled if the document is being given or mailed to the Funeral Home that handled the services.

Additional Individuals Requiring Documentation

  • Beneficiaries
  • Executors of Estate
  • Legal guardians
  • Legal representatives
  • Attorneys

These individuals will need to provide documentation. See the Acceptable Proof of Entitlement section below.

 

Conditions for Release

For one of the following reasons:

  • When a documented need to establish a legal right or claim has been demonstrated
  • When the request for the copy is made by or on behalf of an organization that provides benefits to the decedent's survivors or beneficiaries
  • Upon receipt of an order from a court ordering such release

Special Case

  • Ex-spouse for Social Security Benefits. See the Acceptable Proof of Entitlement section below.

Death "With" Cause

Entitled Individuals

  • Mother
  • Father
  • Son
  • Daughter
  • Husband
  • Wife

Funeral Directors

  • Funeral Directors are entitled if the document is being given or mailed to the Funeral Home.

Additional Individuals Requiring Documentation

  • Beneficiaries
  • Executors of Estate
  • Legal guardians
  • Legal representatives
  • Attorneys

These individuals will need to provide documentation showing cause of death is needed. See the Acceptable Proof of Entitlement section below.

Conditions for Release

For one of the following reasons:

  • When a documented need for the cause of death to establish a legal right or claim has been demonstrated
  • When the request for the copy is made by or on behalf of an organization that provides benefits to the decedent's survivors or beneficiaries
  • Upon receipt of an order from a court ordering such release

Certificate of Birth Resulting in Stillbirth (Central Office)

Entitled Individuals

  • Parents listed on the Report of Fetal Death
  • Funeral Home providing services

Marriage & Divorce

Entitled Individuals

  • Self
  • Mother
  • Father
  • Son
  • Daughter
  • Husband
  • Wife

Additional Authorized Individuals

  • Legal guardians
  • Legal representatives
  • Attorneys

These individuals will need to provide documentation. See the Acceptable Proof of Entitlement section below.

ACCEPTABLE PROOF OF ENTITLEMENT

All Records

Legal Guardian / Representative / Attorney

  • Certified copy of the Court ordered guardianship papers

Power of Attorney

  • Acceptable only if the certificate holder is still living

Attorneys

Attorneys must provide:

  • A letter on their firm's letterhead that states:
    • The name of the entitled party
    • That they represent that person or person’s estate in the matter
  • A copy of their Bar card
  • Driver's license
  • Representation agreement

Letters from Entitled Party

Customer can provide:

  • A notarized letter from entitled party
    OR
  • A letter from entitled party along with entitled party’s identification

Death With Cause

Beneficiary

  • Must provide copy of policy stating they are the beneficiary
  • Must provide proof that cause of death is required to disperse funds

Executor of Estate

  • Must submit copy of Letter of Testamentary, Last Will, or probate court documents

Death Without Cause

Beneficiary

  • Must provide copy of policy stating they are the beneficiary

Executor of Estate

  • Must submit copy of Letter of Testamentary, Last Will, or probate court documents

Ex-Spouse for Social Security Benefits

  • Must submit copy of letter from Social Security stating that death certificate is needed for benefits

Authorized Representative

Attorney

  • Must represent the spouse, parent, or child (a person who is entitled to the record)

A request from an attorney will also require:

  • A statement on business letterhead
  • The statement must:
    • Specifically request cause of death
    • Identify the person they represent
  • A copy of the representation agreement

Case Manager

  • Must be assisting the spouse, parent, or child

A request from a Case Manager will also require:

  • A statement on agency letterhead
  • Identification of the person they represent
  • A copy of their agency identification card

If a death certificate is requested:

  • The letter must specifically request cause of death

Alternative Documentation Option

  • Attorney or case manager can provide an "authorization of release" completed by a qualified family member (spouse, parent, child) in lieu of all other forms of documentation.

Funeral Director

  • Will require a completed and signed application
  • The application must:
    • Specifically request cause of death
    • List relationship as "family"
    • Include purpose of copy

Executor or Administrator of the Decedent's Estate

  • Will require:
    • An application which specifically requests cause of death
    • A valid ID
    • Documentation supporting that they are Executor or Administrator
  • A copy of the will should name these individuals

Person Documenting a Legal Right or Claim

Examples include:

  • Employer who holds a life insurance policy on the deceased employee
  • Ex-wife who has life insurance policy with herself or her children listed as beneficiaries
  • Any individual named as beneficiary on a decedent's insurance policy

Requirements

For employer:

  • Letter requesting cause of death on agency letterhead
  • Statement that cause of death is required for payment of the insurance policy

For individual beneficiaries:

  • Written request stating:
    • The requestor and/or children are beneficiaries
    • Cause of death is required for payment
  • Valid ID

In all cases:

  • Copy of the insurance policy naming the beneficiary

Attorney Probating the Estate

  • Will require:
    • A letter on business letterhead which specifically requests cause of death
    • Documentation from the probate court naming the attorney

Court Orders

  • Those who have a court order