Are Obituaries Legally Required?

Are Obituaries Required by Law?

Despite the vital role obits can play in the grieving process and in informing others of the deceased’s passing, they are not legally required. No federal or state laws mandates them, making them completely optional. The decision to publish one is entirely at the discretion of the deceased's family or representatives.

It is not considered disrespectful to not have an obit, and many families choose to skip them.

Though there is no legal obligation to publish an obituary, families should make the decision based on their preferences, the wishes of their loved one, and the needs of their extended family and friend network.

For example, consider how you find out if someone from your past has died. If not through friends and family, often the news will come in an obit (sometimes shared on social media). Now think about your own loved one’s passing. Would you like the news to reach those from their past they may have lost contact with? Old work colleagues, friends from school or church, and others?

An obituary is the way to do it – but again, they are not required.

However, it's worth noting that while obituaries themselves are not legally required, death certificates are—a distinction that often causes confusion. Unlike obituaries, death certificates are official government documents issued upon someone's death containing vital statistics about the deceased, cause of death, and burial information. These documents serve legal purposes, such as settling estates, claiming insurance, and other post-death processes. They are essential.

Does an Obituary Have to be Published?

As noted, obituaries are not legally required, though many families choose to write one. Even if you choose to write one, it’s not even required that they be published in a newspaper for them to qualify as an obituary. You can post one to a private blog, a social media account, or by other means.

Keep in mind, though, that these methods do not create the easy-to-find, established record that a traditional obit does. Old friends from childhood, distant relatives no longer in touch with family, and others will be far less likely to see the notice if released this way. That’s why people still tend to use services that allow you to submit an obituary for online and/or newspaper publication.

Though they don’t need to be published, people still choose to do so for various reasons. Some may want to inform a wider circle of friends and acquaintances about their love one’s passing, while others may see it as an opportunity to share stories and memories of the deceased.

Published obits can also serve as a form of closure for the family and friends of the deceased. It allows them to publicly acknowledge their loss and pay tribute to their loved one. In some cases, obituaries may even be a way to spread awareness about causes or charities that were important to the departed. Browse some obituary examples and you will see all this and more at play.

And as a reminder, there are practical reasons for publishing an obituary. Vitally, they provide information about funeral arrangements and memorial services, making it easier for people to pay their respects. Additionally, obituaries also serve as a historical record, providing future generations with information about their ancestors.

Regardless of the medium chosen, if any, what matters most is that the memory of the departed is honored and their life celebrated. Obituaries may be a way to say goodbye, but they also serve as a reminder that our loved ones live on in our hearts and memories.

Does a Death Notice Have to be Published?

In lieu of an obit, some many instead choose to release a simple death notice.

Death notices are not the same thing as an obituary, though they share some common elements. Death notices are purely informational, while obituaries will typically include more detailed biographical information, stories about who the deceased was and what made them special, and other personal details. A death notice is an announcement; an obit is a tribute and an announcement.

Like obituaries, a death notice typically does not have to be published, though in rare case, it may be necessary to publish one. If there are legal matters involving settling an estate, for example, a death notice can serve as official public notification of the deceased's passing.

As with obits, the decision on whether or not to publish a death notice is up to the family. They may choose to keep the news private and only inform close friends and relatives, or they might feel that it’s worthwhile to publish the news. There is no right or wrong decision.

However, if a funeral service or memorial is being held, it is common to at the very least include a death notice as part of the announcement. This allows for friends and acquaintances to be informed and pay their respects if they wish to do so.

Do You Have to Have a Death Certificate to Publish an Obituary?

With all this talk about obituaries and death notices, the concept of death certificates may be easy to confuse with them – but let there be no confusion. As noted above, unlike obits and notices, death certificates are actual legal documents that are needed for a wide range of purposes, including settling the deceased's estate, claiming life insurance policies, resolving debt, dealing with real estate, and other ways in which you must legally prove that someone has died.

If you have lost a loved one and must manage their estate, you should to obtain multiple copies of the death certificate so you have enough for the various legal and financial matters you will encounter.

But do they play any role in placing an obituary? Do you need one in order to use an obituary template and get one published?

Though obits feel somehow official, you do not need to have a death certificate in order to publish one. In essence, they run under the honor system. You do not need to provide a death certificate to most services. Further, the information you provide to them regarding the deceased’s life and times is provided in your own way and at your own discretion. You have a lot of leeway in how you present things, from simple and informative to poetic and creative.

The key essentials are that they be factual and respectful. Beyond that, you can take the approach that seems best for you and the person being honored.

Why Would Someone Not Want an Obituary?

Though they are widely used and have been a traditional part of end-of-life observances for over 100 years, not every family chooses to publish an obituary for their lost loved one. There is no shame in making this choice, either. Though not typical, there are valid reasons why a family may choose to forgo having an obit published.

Some may prefer to keep the passing of their loved one private and only share the news with close family and friends, for reasons that can be as varied as people themselves. Others may not want the added expense, especially if they are already dealing with funerals and other end-of-life costs.

In some cases, the deceased may have requested not to have an obituary published. This could be due to personal preferences or religious beliefs, or any number of other reasons. Perhaps they didn’t like drawing attention to themselves in life and wished the same in death, or they did not want to encourage contact with estranged friends or family members.

Regardless of the reason, consider whether or not you have good reason to go against their wishes.

No matter your choices regarding an obit – to publish or not publish, to stick to the bare bones facts or to fully tell the departed’s life story, and so on – the choice to honor your loved one with an obituary is a time-honored, respectful one that does a great service to their memory.