We have a person who wants to file a certified copy of a death certificate in the Official Public Records of the County. The reason for the filing is that the person has bought a tract of land and the previous owner of the land had a life estate in the minerals. The previous owner has died and the new owner wants to clear the title to the land. Filing the death certificate in the Official Public Records will show that the previous owner has died and her life estate has ended. Also the previous owner did not have a probate or an Affidavit of Heirship.

Our County Clerk does not believe the person can file a death certificate in the Official Public Records because of the Public Information Act (Sec. 552.115). However AG Opinion MW-112 says that the Open Records Act does not prevent the County Clerk from filing an Affidavit of Heirship with a death certificate attached.

Can the person file a death certificate in the Official Public Records?