How to discharge a deceased person from an apartment: step-by-step instructions

Algorithm of actions

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.

Expert opinion

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 :

Register on the official website of State Services.
Verify your email address and phone number.
Take digital photographs of basic documents: passport, identification code, driver’s license and others.
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:

Receive a decision that has entered into legal force.
It is submitted along with the application to the registry office.
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.

Is it possible to discharge a deceased person from an apartment if there is no death certificate on hand?

No, without this document it will not be possible to discharge the deceased . If the death certificate has been lost, then you can simply request a duplicate document from the registry office.

If the applicant is not a relative of the deceased, then the registry office employee will not issue a certificate. In this case, you will need to go to court.

In order to discharge a deceased relative from an apartment, his relative or the person who lived with the person will need to obtain a death certificate.

Having received this document, as well as having collected a certain package of other documents, the responsible person must contact the Federal Migration Service to remove the deceased from the register.

If there is no death certificate, then the procedure for deregistration from the apartment occurs on the basis of a submitted application to the court

Is it possible to obtain a death certificate through the MFC?

Today, relatives of the deceased have the opportunity to obtain a death certificate not only at the registry office, but also at the MFC. Relatives are required to submit an application to the MFC for the issuance of a death certificate within 3 days from the date of death of a loved one.

In order to receive a document through the MFC, you must:

make an appointment at the nearest MFC branch by calling the MFC hotline or by calling the desired branch;
on the appointed day, come to the MFC with the necessary documents (passport of the applicant and the deceased, death certificate, document confirming relationship with the deceased);
write an application for a certificate on the spot;
receive a receipt indicating that the employee received the documents. The receipt will indicate a number by which the applicant can track the status of the application;
come to the MFC at the appointed time and receive the document.

When applying to the MFC to obtain a death certificate, you need to expect that the document will be processed within 1-2 days.

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.

What is the difference between the procedure for discharging a deceased person from a privatized and a municipal apartment?

If the deceased was the only registered tenant in the premises owned by him, the heir must contact the notary office where the inheritance case is located. There he will receive documents confirming his right to inheritance - for example, a copy of the will.

However, he may be refused to remove the deceased from the apartment, since during the six months following the death of the person other heirs may appear, who may subsequently turn out to be the owners of the residential premises.

If the deceased was not the only occupant of the premises he privatized , it is necessary to apply for re-registration of documents, for which you will need to submit a certificate of family composition without taking into account the deceased.

If the previous owner of the property had any benefits that allowed him to pay taxes or utilities in a smaller amount, this right does not pass to his heirs, and the benefits are considered to have lost their force from the moment of death.

If the apartment is in state or municipal ownership , you will need to contact the administration with an application to make appropriate changes to the social tenancy agreement. All capable family members can do this. In this case, you will need to prove your relationship with the deceased. The person applying for re-registration of documents must also be registered at the place of residence of the deceased. The procedure itself, unfortunately, often takes a lot of time and effort and becomes very problematic compared to a regular discharge.

The social tenancy agreement should be drawn up in the name of the closest relative who is permanently registered in the apartment of the deceased. If all members of the deceased’s family have already been included in such an agreement, there is no need to re-conclude it.

From the municipal

The manager of municipal housing is not the citizens, but the municipality. People's accommodation is based on the conclusion of a social tenancy agreement for residential premises. Tenants can only live in the apartment. Issues regarding the disposal of real estate are decided by local authorities (cities, towns, villages). Deregistration from social housing involves a mandatory procedure - the conclusion of a new agreement with federal authorities or the municipality.

Procedure

The easiest way is to renew the contract for a close relative of the deceased. For example, if he lived with the deceased at the time of death (father and daughter, sister and brother, grandmother and granddaughter).

Instructions for leaving public housing:

Visit the registry office and take a death certificate - the document initiates the further procedure.
Make a written application to the MFC or OVM - to remove the deceased from the registration in the apartment + supplement the application with documentation.
Pick up the house register with the changes made.
Renew the social rental agreement with the city or district administration. To do this, you need to write a statement, accompanied by a death certificate and a house (apartment) register.
Submit an application to the HOA or housing department to re-register utility bills for a municipal apartment.
Check the validity of accrued payments.

Application (sample)

An application for deregistration of a deceased person is drawn up according to the following scheme:

name of the body or full name of the head of the migration department;
Full name and passport details of the applicant;
the main request is to remove a person from the registration register at the place of residence due to death (address indicated);
giving a reason - death;
date and personal signature of the applicant.

You must submit your passport along with your application. You will also need proof of relationship with the deceased + a person’s death certificate. Often, inspectors ask to attach a social tenancy agreement for residential premises. Keep in mind that the application for deregistration from the apartment is drawn up in two copies - one will remain with you, and the second you will hand over to the registrars against receipt of receipt.

From a privatized apartment

If after the death of a person you do not sign him out of the privatized apartment, this may prevent you from making property transactions with it.

In order to carry out this procedure, it is necessary to contact the Department of Internal Affairs of the Ministry of Internal Affairs of Russia at the location of the apartment where the deceased lived.

There you need to fill out an application for deregistration of the deceased person, provide a death certificate and your passport.

Important! If you do not remove the deceased from the register, you will not be able to enter into an inheritance, since the notary will require an extract about the persons registered in the inherited apartment.

However, if the apartment belonged to the deceased individually, then there is no need to rush to deregister him. It is better to wait, as difficulties may arise in proving ownership or third parties will try to claim the inheritance.

You can discharge the deceased from the apartment in one visit to the Department of Internal Affairs of the Ministry of Internal Affairs of Russia.

It is worth noting that the procedure for deregistration from both municipal and privatized residential premises is free. If the passport office employees demand payment, then contact the prosecutor’s office with a complaint.

Procedure

Instructions on how to remove a deceased person from registration at the place of residence:

Establish the fact of the death of a person in a medical institution.
Contact the registry office for a death certificate (or a duplicate).
Contact the MFC or migration department with an application and documents.
Receive confirmation of the deregistration of the deceased (house register or certificate of family composition).
Visit the management company or homeowners association to re-register your personal account.
Check new data on utility bills and recalculate (if necessary).

And only then, if you need to enter into an inheritance, contact a notary, write an application and wait for the period allotted for this

Statement

The appeal of the relatives of the deceased is made in the form of a written statement in free form. Usually the form is issued by the migration authority. But you can fill out the application in advance. The sample will help prevent mistakes in a simple form.

Indicate the name of the authority (OVM), full name and passport details, as well as a request to discharge the citizen from the apartment due to his death. Don't forget to indicate the exact address of the apartment. The information comes to the disposal of the Main Directorate for Migration of the Ministry of Internal Affairs and is recorded in the migration database.

If the owner of non-residential real estate dies

If the premises have a non-residential purpose, a person cannot be registered there. Accordingly, there is no need to deal with the extract . Inheritance of property is carried out in the usual manner.

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.

Features of the various stages of deregistration of a deceased person

If a person died in a nursing home, hospital or other social institution, the attending physician will issue a certificate.
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.
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.
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.
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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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:
By personal appeal to the Ministry of Internal Affairs of the Russian Federation;
By contacting the MFC;
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.

The procedure for discharging a person after death

In any case, you must first obtain a death certificate .

This document can be obtained on the basis of a certificate issued by a doctor (subject to a long illness and constant monitoring), or at the morgue if the person died suddenly, or under circumstances other than illness.

A death certificate is issued on the first day after death, then you need to contact the state. authorities for the death certificate.

A death document will be issued if there is a certificate from doctors and the passport of the deceased person; the passport will be confiscated and destroyed at the registry office.

Where to contact?

So, let's figure out how to discharge a person after death. To cancel your registration, you can contact the following authorities :

Passport and visa service of the Ministry of Internal Affairs.
MFC;
In lived. the office servicing the house - to the passport officer.

You can also deregister at the EIRC.

MFC

To pick up an official certificate of death and discharge a deceased person from an apartment through the MFC, you need:

Notify the institution in advance of your arrival so that employees can create a record by phone or on the official website of the structure.
Come to the department on the appointed day, bring the following documents:
medical certificate of death from a doctor with an official seal and signature;
papers indicating blood ties with the deceased.
Employees will help you draw up a correct application on the spot and solve problems that arise during writing.
After this, the person is given a receipt stating that the employee has taken into account all the necessary data. It is important to make sure that this paper contains a special number by which you can track the status of the application.
After completing the procedures, the employee will designate a specific day and time when you can come to pick up the document.

A death certificate can be issued through the MFC after 2 days, since it takes time to compile. Quickly pick up the document only at the registry office.

Public services

In 2020, every citizen of the Russian Federation can use the special Gosuslug portal to discharge a deceased person from their living space. To carry out the operation, you must register on the site in advance to create an account.

Next, you will need to upload copies of the following documents on the page:

TIN;
personal passport;
SNILS.

Additionally, you need to add other information, which will be indicated on the corresponding page when downloading. This is necessary if the citizen does not have the specified documents.

To carry out an extract operation through the State Services portal, you must complete the following sequence of actions:

Log in to the site by entering your username and password.
Go to the “Service Catalog” and select “Passports and Registrations”. After that, press the button and click on the “Deregistration” item.
A form will appear in a new window that must be filled out without errors.
Then the exact date of receipt of the requested documents will be displayed.

After completing all the points, you need to come to the MFC in person at the previously appointed date and time.

Deregistration of a deceased person: what documents are needed?

Applicants can make a statement in writing or orally. The law does not clearly indicate in what form the application must be submitted. A declaration of death must be made no later than 3 days from the date of death or from the day the body of the deceased was discovered. The following documents must be attached to such an application (Article 64, paragraph 1 of Article 65, paragraph 1 of Article 66 of Law No. 143-FZ; paragraph 3 of Article 45 of the Civil Code of the Russian Federation):

one of the death documents on the basis of which the death of a citizen is registered:
a copy of the court decision establishing the fact of death;
a copy of the court decision declaring the citizen dead;
the passport of the deceased (if available), it is handed over to the registry office, which is then sent to the authorized body in the field of migration;
applicant's passport.

Deregistration of a deceased person can be initiated by submitting an application with the relevant documents through the MFC or via the Internet in the form of electronic documents. When submitting documents online, the required documents must be submitted in person within the specified time. The issuance of a death certificate is not subject to state duty (Article 10 of the Moscow Law of 06/04/1997 N 11).

The authorized body enters the following information into the death record:

Full name, date and place of birth, last place of residence, gender, citizenship, nationality, place of death of the deceased and moment of death (date of death);
cause of death, based on a document confirming the fact of death;
Full name of the applicant, name and legal address of the body, organization, institution that announced the death;
series and number of the issued death certificate;
Full name, place of residence of the person to whom the death certificate was issued.

If the state registration of death is carried out on the basis of a court decision declaring a person deceased, the day of his death in the death certificate entry indicates the day the court decision entered into legal force or the day of death established by the court decision.

Registration deadlines

In clause 33 of the 5th part of the Rules..., approved. the period for deregistration is clearly indicated

Cost and state duty

Extract after death is carried out free of charge, and there is no state fee.

What will you be given after the procedure?

Typically, the result of deregistration from an apartment is a stamp in the passport; if a citizen is deregistered due to his death, no documents are issued.

Employees of the passport and visa service remove the name of the deceased person from the database of registered citizens, transferring information about him to the lists of the deceased.

Passport officers in HOAs, management companies, housing complexes mark a person as deceased, and after a week, if you order an extract from the house register or a certificate of family composition, the deceased will no longer be included in the certificate.

You might be interested in articles about:

Extract from the apartment if there are debts.
Possibility of releasing a person in prison.
Deregistration if the citizen does not live in the apartment and does not pay for it.

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.

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.

Marriage certificate if one of the spouses has died.
Birth certificate in case of death of parents or child.
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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