Discharge a person from an apartment after death

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The death of a loved one is always a shock. Many people do not know where to start with the paperwork in order to draw up all the documents legally correctly. Let's consider where to go and what to do for relatives in such a situation.

The first thing you need to do is get a report on the cause of death. It is issued by a medical institution, it indicates what caused the death. The certificate must be properly prepared: have a number, date of issue, name of the institution, signature of the person indicating the position and full name. This paper will be needed to issue a death certificate. Based on the certificate, the fact of death is registered and a certificate is issued.

The registration of death certificates of citizens is carried out by the civil registry office. Relatives must contact the registry office at the place of residence of the deceased. You will need the certificate described above and the passport of the deceased. The passport is confiscated and cancelled, from that moment it is considered invalid. A death certificate is issued free of charge. But if it is lost, then a fee of 350 rubles will be charged to obtain a duplicate.

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Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

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Please note that the registry office will issue a document only if the applicant confirms a relationship with the deceased. After all, the registry office employees cannot know who approached them. Therefore, you need to have with you a document confirming your relationship: a marriage certificate (if a spouse applies), a birth certificate (if a parent or child applies). If there are no close relatives left, then more distant relatives can also receive a death certificate. In this case, all available papers are provided, based on which the chain of relationship can be established.

Next, you need to contact the registration authority and discharge the deceased from the apartment. Today in the Russian Federation, the functions of deregistering citizens at their place of residence are performed by territorial divisions of the Ministry of Internal Affairs (see Order of the Ministry of Internal Affairs No. 984 of December 31, 2017).

Reference! Previously, registration after death was carried out at the passport office at the Federal Migration Service. As of 2020, this body is not involved in this.

Where should I go to get a deceased person removed from the apartment?

First you need to obtain a death certificate . It is issued by ambulance workers who certified the fact of death, by employees of the medical institution in which the patient was treated, as well as by the morgue.

After receiving the certificate, you need to contact the regional registry office for a death certificate . Close relatives or persons who were close to the person at the time of death, as well as officials - representatives of various internal affairs departments, commanders of internal units and formations, have the right to submit an application to receive such a document. Also, social and medical institutions have this right, if the person died in a hospice or nursing home, the administration of the institution executing the punishment.

A person's death must be reported within three days of its occurrence. The certificate will be issued on the day of application. It contains information about personal data, citizenship, place and date of death of the citizen. The date of preparation and issue of the certificate and the number of the act itself are also indicated.

It is possible to obtain a duplicate certificate. Interested parties (including the owners of the residential premises in which the deceased person is registered) have the right to do this if the original document is with relatives, but they do not provide it. In this case, the procedure for applying for a copy of the certificate is the same as for the original. The only exception is the provision of a document indicating the need to obtain a duplicate. The state duty is 200 rubles.

After receiving the document, you must visit the FMS department and submit an application to remove the deceased from registration at the place of residence. In this case, the passport of the deceased, which must be brought to the registry office, is then transferred to the Federal Migration Service, and from that moment it is declared invalid.

Close relatives, heirs of the deceased citizen, or homeowners have the right to apply to the specified service for the discharge of the deceased. The procedure is free.

After submitting all the necessary documents and submitting an application, deregistration is carried out within three days, which is noted in the house register. If you wish, you can verify this by ordering an extract from it about the number of people registered in the apartment.

We issue through the MFC

It is allowed if there is an institution in the locality that operates on the principle of “all documents in one window.” The procedure is the same as when contacting the management company. The difference is that the speed of accepting documents and the satisfaction of the application is higher; the applicant is freed from bureaucratic costs and queues.

Using the State Services portal

This method allows you to minimize offline communication with bureaucrats and perform basic actions remotely via the Internet. To do this you need :

1. Register on the official website of State Services.
2. Verify your email address and phone number.
3. Take digital photographs of basic documents: passport, identification code, driver’s license and others.
4. Upload these digital images to the provided form for verification.

After verification and verification of documents, you need to go to the services section, select the FMS and indicate the appropriate option “extract a person”. Next, an application is filled out in the form provided, digital copies of the death certificate and the passport of the deceased are uploaded. The state fee can be paid online.

In a few days you will receive a message by email or phone. It sets a date and place (territorial body of the Federal Migration Service) where you need to appear and submit documents.

You can read more about how to check out of an apartment through government services in a special article prepared by our editors.

Judicial order

They resort to it if death documents are lost or difficulties arise in obtaining them. For example, a former spouse may be denied a death certificate by his relatives. According to the law, they have the right to receive a document, but she does not, since the marriage is dissolved. She needs a death certificate to sign out her ex-husband, who did not check out of the apartment after the divorce. She can only go to court.

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Another case is carrying out an extract after the death of a person has been recognized through the court. Reason: lack of information about the citizen for 5 years . After satisfying the claims:

1. Receive a decision that has entered into legal force.
2. It is submitted along with the application to the registry office.
3. A death certificate is issued.

When should a deceased person be discharged?

For many people, one question remains unclear: within what time frame should the deceased be discharged? There are no statutory deadlines as such. In principle, this can be done as soon as the death certificate is issued and other papers are collected.

From the video you will learn how to discharge a deceased person from an apartment:

If the relative is not discharged in time, difficulties may arise in the future. First of all, to avoid difficulties when registering an inheritance, selling an apartment, terminating an employment relationship, marriage, etc.

In addition, it is also necessary to deregister a deceased person from the register at the place of residence so that public utilities do not charge him fees for housing and communal services. The fact is that utility organizations do not have information about those people who are no longer alive and who are no longer users of their services. Therefore, in order to avoid legal misunderstandings, it is recommended to discharge the person immediately after death.

Features of the various stages of deregistration of a deceased person

1. If a person died in a nursing home, hospital or other social institution, the attending physician will issue a certificate.
2. If this happened at home, you should call a police officer to draw up a protocol for examining the body, and a local doctor, who will confirm death and fill out the required form. With these papers, as well as the compulsory medical insurance policy of the deceased and your passport, you need to go to the clinic, where they will issue a medical death certificate.
3. If a person died at night, instead of the local doctor, they call an ambulance, whose workers will write a report on death. They will also tell you the address of the morgue where the body should be sent. This procedure is also recommended when the deceased has not visited the clinic for a long time and an autopsy may be required to determine the cause of death. The medical certificate will be issued by the morgue staff. Documents needed include a body inspection report drawn up by the police, passports of the deceased and the person who applied for the certificate.
4. Sometimes death occurs outside the home or health care facility. People nearby should call the police and ambulance, whose workers will issue appropriate certificates and send the body to the morgue. If at the time of death there was someone close to the deceased, then the papers will be given to him and the next day you need to go to the morgue with them to get a medical report. In the event that no one knew anyone nearby, but the identity of the deceased was established, the relatives will be notified as soon as possible.
5. Most countries send documents of a person who died abroad to the registry office at the place of his permanent registration. If they could not be found there, you will have to apply to the consulate for an extract from the registry, and based on this extract, obtain a stamp of death certificate.

This simplification of the discharge procedure was caused by frequently arising controversial situations when, for example, a common-law husband and wife registered in the same apartment are on bad terms with each other’s parents. One of the spouses dies, and the second cannot remove him from registration, since relatives do not provide a death certificate, and the registry office issues duplicates only to relatives. The change in the Registration Rules allows the apartment owner in such situations to deregister the deceased without going to court.

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Which documents?

Deregistration at the place of residence is carried out upon application. The applicant can be either the owner of the apartment or a relative who lived with the deceased.

What other documents are needed for discharge? You must provide:

• Passport;
• Application for deregistration;
• House book;
• Death certificate.

Important! It is impossible to discharge a person without a death certificate.

The deregistration procedure is the same for those cases when the housing is privatized and for those cases when the housing belongs to the municipality. But it must be taken into account that if the deceased was the main tenant with whom a social rental agreement for municipal housing was concluded, the agreement will need to be re-signed. Otherwise, you may lose your home.

Remove a deceased person from the register

• upon the death of a municipal housing tenant, all receipts until he is removed from the register will continue to be sent to his name, and if you want to write a statement of disagreement with the amount of utility bills, the registration of new residents and the need for other actions, it will be impossible to take them.

1. Marriage certificate if one of the spouses has died.
2. Birth certificate in case of death of parents or child.
3. Documents confirming the degree of relationship of all generations, if nephews, grandchildren and other distant relatives apply to the institution for a certificate.

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Deadlines for deregistration

The entire procedure for discharging a deceased person does not take much time. According to the law, the period for deregistration is three days from the date of submission of documents. Difficulties may arise if any papers are missing. For this reason, the process may be delayed.

There is no need to pay anything to remove a citizen from an apartment or private house. This service is completely free.

Note! Any demands for payment of funds are illegal. The applicant has the right to file a complaint with the higher management of the registration authorities or the prosecutor's office.

The end result is the receipt of a house register, in which a mark is placed on deregistration at the place of residence.

Discharge methods

The discharge of citizens is carried out in different ways. If previously this could only be done by personally contacting the registration authority, now it is possible to submit documents for an extract remotely.

So, today an application for deregistration at the place of residence can be submitted:

1. By personal appeal to the Ministry of Internal Affairs of the Russian Federation;
2. By contacting the MFC;
3. Through State Services.

When applying to the territorial body of the Ministry of Internal Affairs or through the MFC, documents are submitted in originals. It is possible that you will have to spend time waiting in line. If you have the Internet at hand, then for speed and convenience you can send an application through the State Services website. This is a portal where various government services are provided to citizens.

Important information! The application on the website is submitted electronically. After processing the application, a time and date are set for a visit to the Ministry of Internal Affairs of the Russian Federation to present the original papers.

Extract from the deceased owner

A lot of uncertainty arises when the deceased was the owner of the home. If he is the owner of the residential premises in which he is registered, then in any case he will have to be registered. But the ownership of housing will have to be re-registered in the order of inheritance to its legal successors. It makes no sense to delay the deregistration process, since in order to further dispose of the property, it is necessary to draw up documents for living relatives: to enter into inheritance rights before six months, and after the expiration of this period, to obtain a certificate of inheritance rights.