Court Order to Amend a WI Death Certificate (Except Medical Certification of Cause and Manner of Death)

The information contained on this web page is provided as a courtesy to members of the public and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service at (800) 362-9082 for additional assistance.

The Wisconsin Office of Vital Records is responsible for Wisconsin Vital Records (birth, marriage, death, and divorce certificates). This includes filing, preserving, protecting, changing and issuing copies. The Wisconsin Office of Vital Records Office determines if a court order is required to amend a Wisconsin death record.  The Oconto County Clerk of Courts cannot commence an action regarding amending a Wisconsin death record unless the petitioning party received an amendment packet from the Wisconsin Vital Records Office.   

Contacting Wisconsin Office of Vital Records

It is the petitioning party’s responsibility to contact the Wisconsin Office of Vital Records regarding amending a death record. 

Contact information:        
      Wisconsin Office of Vital Records
      Attn: Court-Ordered Amendment 
      PO Box 309
      Madison, WI 53701-0309
     (608) 266-1373

The state registrar may request the petitioning party to provide the following to their office: 

  1. Statement (PDF) indicating what information on the death certificate is incorrect and what the correct information should be. 
  2. Current certifiedcopy of death certificate that includes the incorrect information
  3. Evidence that the current death record is incorrect. Evidence includes: 
    • A current certified copy of a vital record verifying the correct name of the decedent or his or her parents or spouse
    • Notarized affidavit from the funeral director explaining the error made
    • Notarized statement from a health care facility staff person or the county coroner/medical examiner verifying the correct date of death

The Wisconsin Office of Vital Records reviews the documentation provided by the petitioning party and sends an amendment packet to the petitioning party if a court order is required to amend the death record. 

Upon receiving the amendment packet from the Wisconsin Office of Vital Records, an action can be filed with the Oconto County Clerk of Courts upon completing the necessary forms and paying the required filing fee. 

Forms/Documents Required to Commence an Action

  1. Form F-05092– Court Order to Amend a Wisconsin Death Certificate (Except Medical Certification of Cause and Manner of Death)
    • This document is included in the amendment packet from the Wisconsin Office of Vital Records.  This form is not available at the Clerk of Courts Office. 
    • Petitioning party is to complete the pertinent sections. 
    • This form cannot contain erasures, cross-outs, write-overs, correction tape or correction fluid.  
  2. Current certified copy of death certificate 
  3. Statement (PDF) indicating what information on the death certificate is incorrect and what the correct information should be 
  4. Any evidence which verifies the current death certificate is incorrect

Fees

Fees paid to Oconto County Clerk of Courts BEFORE documents are forwarded to the Circuit Court Judge:

  • Clerk of Courts Filing Fee: $164.50 

Cash, checks, money orders, debit and credit cards are accepted for the Clerk of Courts filing fees. Checks/money orders are to be made payable to Oconto County Clerk of Courts. An additional service fee is charged when paying with a debit or credit card. 

Fees paid to Wisconsin Vital Records Office AFTER the court order is granted by the Circuit Court Judge:

  • $10.00 vital records fee
  • $20.00 for a certified copy of the amended death certificate and $3.00 or each additional copy of the amended death certificate issued at the same time as the first. 

Checks/money orders are to be made payable to State of Wisconsin Vital Records. Cash, debit, or credit cards ARE NOT accepted for vital records fees. 

Filing Instructions

The petitioning party is to bring Form F-05092- Court Order to Amend a Wisconsin Death Certificate (Except Medical Certification of Cause and Manner of Death) along with the current certified copy of the death certificate, statement, and evidence to the Oconto County Clerk of Courts, Courthouse, 301 Washington Street, Building C – Room 1217, Oconto, Wisconsin 54153 to have them filed. It is at this point:

  1. A court case number and circuit court judge are assigned to the case. 
  2. Filing fee of $164.50 must be paid. 
    • Cash, checks, money orders, debit and credit cards are accepted for Clerk of Courts fees only. An additional service fee is charged when paying with a debit or credit card.
  3. The Clerk of Courts Office will forward all documents and supporting evidence to a Circuit Court Judge for review. 
    • If the Petition is approved, the Court will sign the Court Order to Amend Wisconsin Death Certificate (Except Medical Certification of Cause and Manner of Death). 
    • If the Petition is not approved, the Court may schedule a court hearing. 

Recording an Amended Death Certificate

Upon the court official granting the request to amend a death certificate and signing the Court Order to Amend a Wisconsin Death Certificate (Except Medical Certification of Cause and Manner of Death, the Oconto Clerk of Courts office will apply a seal to the document. The Clerk of Courts Office will mail the Court Order to Amend a Wisconsin Death Certificate (Except Medical Certification of Cause and Manner of Death to the Wisconsin Office of Vital Records with the petitioning party’s check/money order to cover the fees and for any additional copies of the amended death certificate. 

An authenticated copy of the Court Order to Amend a Wisconsin Death Certificate, Statement, and supporting evidence will be returned to the petitioning party by the Oconto County Clerk of Courts via first class mail. 

It may take 3-4 weeks for the petitioning party to receive the requested copy(s) of the amended death certificate from the Wisconsin Office of Vital Records. 

Contact Information

Oconto County Clerk of Courts        (920) 834-6857
Oconto County Register of Deeds   (920) 834-7113
Wisconsin Vital Records Office        (608) 266-1373