The Short Answer

In Florida, correcting marital-status information on a death certificate usually requires documentary proof of the error and a sworn affidavit requesting the change. If the correction involves changing the surviving spouse’s name (not just fixing a minor misspelling/omission), Florida law generally requires a court order.

What Florida Law Says

Florida’s vital records system allows the Department of Health to amend a death record when there is a misstatement, error, or omission—but the request must be supported by documentation and a sworn statement. In practice, the documents you need depend on what the death certificate currently says (e.g., “married,” “divorced,” “widowed,” “never married”) and what you are trying to change it to.

Common categories of proof that may be relevant include:

• Marriage proof: a certified marriage certificate/license (Florida or another state/country).
• Divorce proof: a certified final judgment of dissolution of marriage (and sometimes related orders if the timeline is disputed).
• Widow/widower proof: a prior spouse’s death certificate.
• Name/identity linkage: documents showing the same person used different names (e.g., marriage certificate showing a name change, prior IDs, or other official records).
• Affidavit evidence: a sworn affidavit explaining the error and the requested correction, supported by the documentary exhibits.

The Statute

The primary law governing this issue is Fla. Stat. § 382.016.

This statute provides that the Department may amend or replace a vital record when it receives the required fee, documentary evidence (as specified by rule) of the error, and an affidavit setting out the change. It also limits changes to the name of a surviving spouse on a death certificate—generally requiring a court order except for a misspelling or omission.

Why You Should Speak with an Attorney

Even when everyone agrees the death certificate is wrong, getting a marital-status correction approved can become legally and financially important—especially when probate, beneficiary designations, or creditor issues are involved. Outcomes often depend on:

• Strict Deadlines: Death certificates are typically filed quickly after death, and later corrections may require more formal proof. Florida law requires death certificates to be filed within a short timeframe after death, which is one reason errors happen and later fixes can be scrutinized. See Fla. Stat. § 382.008.
• Burden of Proof: The Department generally expects certified, official records (not informal documents) that clearly establish the correct marital status and identity.
• Exceptions / Court-Order Triggers: If the change effectively alters the surviving spouse’s identity (not just a typo), a court order may be required under Fla. Stat. § 382.016(2). That can impact probate strategy and timelines.

Because marital status can affect inheritance rights and beneficiary disputes, it’s smart to have a Florida probate attorney evaluate what proof is needed, whether a court order is likely, and how to avoid creating inconsistencies with probate filings.

If you also need background on obtaining certified copies for probate purposes, see: How Do I Get a Certified Death Certificate Quickly in Florida After the Funeral Service? and Can I use an obituary instead of a death certificate to open a probate estate in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.