A Marriage Record is a vital, Vital Record for Estate Administration
By Gerarda M. Culipher, Esq.
“Until death, do us part” is the climactic vow-line, when you get hitched. That famous line, which dates from the 1549 Book of Common Prayer, is as practical as it is axiomatic. When a spouse passes away, (and all the better beforehand) it is good to have your original Marriage Certificate, or a certified copy of it, readily available for smooth estate administration.
FUZZY MEMORIES of LICENSING, MAKES for HEADACHES
Most people casually use the word “Marriage License” to mean the official record that proves the wedding occurred. But that is imprecise. Strictly speaking, when you got married, there were three phases of the process:
- you “applied for” a Marriage License by the state (licensure)
- then you had the wedding (solemnization)
- after which the Celebrant completed the form and returned it (registration/recordation) creating the “Marriage Certificate” or “Marriage Register,” which renders it the key, vital record.
These distinctions in terms matter, if family memories of “where” a wedding happened, differ from the courthouse where you “applied for” the license. If you have been married 60 years, will you remember which counter you went to, to apply, or will you find a grainy photo of the reception hall located downstate, where you all had the wedding? And more probably, will your grandson/granddaughter who is assisting you after your Beloved’s death, be able to sleuth-out exactly which county you got the license in, based on family photos or family lore?
WHO MAY REQUIRE your MARRIAGE CERTIFICATE?
Even if you and your spouse have a terrific estate plan in place with a Trust that includes a Pour Over Will, or a Last Will and Testament that stands on it’s own, your ‘surviving spouse’ may be surprised that they have to get their hands on a copy of your original Marriage Certificate, either to submit for a benefit, or for details about the date/location/character of the marriage. Grief and frustrating, bureaucratic tasks do not mix.
- Private Retirement/Pension Plans to support designated beneficiary status/ marital status;
- Office of Personal Management (OPM) for Federal Employees;
- Social Security Administration to determine “surviving spouse” benefits status;
- Department of Motor Vehicles for Title Reissuance;
- Mortgage Company, if the loan only listed the decedent-spouse as a borrower, the widow is protected by federal banking law (first championed by President Ronald Reagan, the Garn-St. Germain Act of 1982 codified widow protections from “due on sale” provisions) OLRC Home (house.gov)
- REAL ID Drivers’ License Compliance/Documentation. REAL ID | Virginia Department of Motor Vehicles
Notably, under the new, REAL ID protocols in Virginia and around the Nation, you will need your Marriage Certificate when getting your “REAL ID” if your maiden name on your birth certificate does not match your Social Security Card, Passport or other documents. While getting a “REAL ID” is not mandatory in Virginia, by May 7, 2025, it will be required for domestic airplane flights, if you don’t also want to lug your Passport for domestic travel. Getting your Marriage Certificate now is a smart idea.
WHO NEEDS TO BE ARMED with your MARRIAGE CERTIFICATE?
Chasing down an old vital record can be an even bigger headache if a widow has cognitive impairments, or has declining memory, and they are relying on a family member, or even the Agent listed in the widow’s own Power of Attorney, to help in administering the Estate. The couple’s marriage license is stored in the archives of the County where they applied for the Marriage License, so the POA Agent might have to spend a great deal of time discovering which courthouse you went to, from any number of counties in the state of marriage.
Furthermore, in the DC area, where many residents served in the military or with the foreign service and were married in exotic (or dangerous) places, your family will want to be sure that the Marriage Record you have in your possession, suffices for benefits program supporting documentation standards. Marriage certificates penned in foreign languages may require additional affirmation/translation to be accepted. Doing the legwork now, will make Estate or Trust Administration smoother, when the time comes.
Even if you only have the original, yellowed, tattered, Marriage Certificate from eons ago, the record’s archival Book/Page or Serial Number information on it will allow your widow, your POA Agent, or your helpful family member, contact that locality for purchasing additional, certified copies of it, to submit to retirement plans, governmental agencies or banks who may need it.
CONCLUSION
The wedding vow “Until death, do us part” aims too low. After you pass, many benefits and protections are available to your Most Loved One. Your family should have the original, or a certified copy of, your Marriage Certificate, since it is a key piece of documentation for the process of Trust or Estate administration. Go ahead and find your Marriage Certificate, and/or request a certified copy, and add it to your Will or Trust documents in a safe place, or make sure your attorney has one, as part of your estate planning client file. Honoring your vows, means going above and beyond them.
To learn more about crafting your Will, Durable Power of Attorney, or establishing a Trust, feel free to call us at 703-865-2525. Or find us on-line at www.DominionLawGroup.net, for more information.
