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*Note: This form may help you establish the fact, date, and place of a marriage so you can create a record of the marriage. But the order on this petition or the marriage certificate filed with CDPH Vital Records will not necessarily establish the validity of the marriage for all purposes.
Under the laws of California, if a person has been missing for five years or longer, his or her spouse, certain family members, and creditors can file a petition with the court requesting that the person be presumed dead. If the person is found to be presumed dead, a probate administration can occur.
Although vital records are public documents, under California law, certificates are not open for public inspection. Anyone may request copies, however only persons authorized under California law may receive authorized certified copies of death records.
Who Can Obtain a Death Certificate Copy A parent or legal guardian of the registrant. A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business. A child, grandparent, grandchild, sibling, spouse or domestic partner of the registrant.
The party must first file a court Petition to establish the fact of birth, marriage, or death, then submit either Order Establishing Fact of Birth (Form VS-108), Order Establishing Fact of Marriage (Form VS-122), or Order Establishing Fact of Death (Form VS-109) to the California Office of Vital Statistics.
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