For most families, a sad day inevitably comes when a loved one leaves this world due to old age. Along with emotional stress, relatives are hit with organizational stress, which, no matter how much one would like it, cannot be avoided. A lot of time is occupied by issues of the deceased’s inheritance, which should go to his relatives. In addition to property in the form of living quarters and various material items (which are most often inherited), a pension is also the object of hereditary claims. Sometimes it happens that the pension recipient died before receiving the last payment: in this case, the relatives of the deceased can receive it. Therefore, questions naturally arise: can relatives receive the pension of the deceased? How to receive a pension for a deceased relative? Who has the right to claim a pension for the deceased? Are there exceptions and limitations? What documents will be required?
In this article we will answer these questions.
Who is entitled to receive a deceased relative's pension?
When an older person dies, various events begin to develop around him. They are associated primarily with the organization of funerals by relatives, as well as the processing of benefits and payments. But there are many conditions that may prevent you from receiving funds. First of all, you need to understand who can receive a pension for a deceased pensioner.
A number of people are noted who are blood relatives and simply close friends. But there are also exceptional cases. Thus, the opportunity to receive funds after the death of a pensioner is available not only to direct heirs, but also to acquaintances, friends - non-blood relatives who are mentioned in the statement of the deceased, drawn up during his lifetime.
A pension is issued to relatives and other loved ones after the death of an older person on the basis that these funds were not received by the deceased during his lifetime. Payments are made monthly. For this reason, it is possible to receive funds one last time. So, money is credited on the first day of the month. Even if the person died a few days before the designated date, another payment is made. Able-bodied and disabled relatives, adults and minors, living and not living in the same territory can receive funds.
Not all types of pension accruals are paid. The exception is when the deceased did not receive insurance. Another option when it will not be possible to complete the registration: the deceased did not form a funded pension.
Parents of the deceased. Father mother
If a pensioner dies, the last amount can be received by the parents. But there are some conditions:
- mother and father have reached a certain age, respectively: 60 and 65 years (conditions are different for women and men);
- one of the parents who has not reached retirement age is a guardian or is caring for the brother/sister, children, or grandchildren of the deceased who are under 14 years old.
Pension funds after the death of a person can be received by persons recognized as incompetent or those who lived with him until the moment of death. If the deceased did not live with a loved one claiming the last pension, the latter has the opportunity to receive it only if he was dependent on the deceased. But even here everything is complicated: you will have to prove that the person was supported by the deceased. This does not need to be done by those who are disabled, minor, or incompetent.
Spouses. Wife husband
If you are studying the question of how to receive a pension for a deceased relative, you need to find out who is entitled to the last payments. The spouse is one of the first applicants. However there are limitations:
- a person is not employed - a pensioner who has reached the ages of 60 and 65 (for women, men);
- disabled person;
- provides care for a relative of the deceased under 14 years of age (child, brother, sister, grandchild).
Children. Sons and daughters
Able-bodied, employed healthy people who did not live with the deceased cannot receive his pension unless the contrary was stated in the will. It will be much easier to complete the paperwork for those who belong to one of the categories:
- minors;
- disabled people;
- full-time students, if they are under 23 years old, or children receiving education, but they are over 23 years old, but they became disabled before the age of 18.
Grandchildren
Those who do not know how to receive the lost pension of a deceased pensioner to an heir need to take into account the accompanying conditions:
- the person is a minor;
- a full-time student of an educational institution, if he is no more than 23 years old;
- a full-time student who is over 23 years old, but he became disabled as a child.
Law of the Russian Federation on payment of pensions to relatives of the deceased
The main one is the Federal Law of the Russian Federation No. 400 “on insurance pensions”. According to this law, potential recipients of the last (insurance) payment are determined. Moreover, the money is distributed among all relatives living with the deceased who have rights to it.
How many pensions are expected to be received after the death of a pensioner?
The rules for receiving funds are constantly changing. For this reason, it is necessary to further clarify how the pension is paid to a deceased pensioner in the month when his death occurred. First, the amount to be received is determined. Then the documents are collected. There is an opinion that relatives have been promised compensation in the amount of double the deceased’s pension. But there is no basis for such a statement. There have been no changes to existing laws regarding this issue.
Receiving payments for a loved one after death: package of documents, exceptions to the rules
If you plan to receive a pension for the deceased, you need to prepare a package of documents. You should immediately provide everything that is necessary, including papers to confirm your relationship with the deceased and the fact of living together. List of documents required to receive payments due after the death of a loved one:
- a statement is written on behalf of a relative;
- passport of the person handling the paperwork;
- stamp death certificate;
- papers confirming relationship with the deceased (parents present a birth certificate, husband or wife - marriage certificate).
If the person submitting the documents is not a blood relative, he can apply for an unreceived pension by presenting a statement in which the deceased mentions him as a recipient.
Who can confirm the document
First of all, the duty of certification is assigned to notaries. But besides them, a power of attorney for a pension can be certified by:
- the head of the state administration or village council where the pensioner lives;
- another official from local government bodies who has been given such powers;
- the organization in which the pensioner is employed or undergoing training;
- the head of a hospital or clinic where a citizen, a pension recipient, is undergoing inpatient treatment;
- consul, if the pensioner lives in another country;
- the head of social security at the place of residence of the pensioner, or an employee of this organization who is vested with such powers.
To authenticate the document, the pensioner comes in person with a passport. And the authorized person may not be present; only a photocopy of his citizenship will be needed. There is no charge for certifying a power of attorney. But if the text of the document is drawn up by a notary, then most likely you will need to pay a state fee and notary services.
Where to receive a pension for a deceased pensioner: which authorities to contact
You should contact the organization that accrues funds. But it is important to consider that it is useless to go to the post office or bank - where the deceased received payments. The relative must contact the Pension Fund. The issue is also resolved online – through the State Services website. If the deceased received a second pension - a military one, from the security forces (Ministry of Internal Affairs), then you need to contact this organization.
Payments for a deceased relative in the Pension Fund
You should visit the Pension Fund branch. But you should choose the appropriate one based on the registration/residence address of the deceased. You need to take documents with you and also write an application. It is submitted to the responsible employee along with the attachments. The decision is made after 1 month. You should not expect to receive cash. Money most often goes to the account specified in the documents when submitting the application, or to a bank card.
The procedure for receiving money is simplified if the deceased gave his card and PIN code to his relatives during his lifetime. Then they will be able to withdraw the insurance pension due to the deceased without unnecessary difficulties. However, if you do this, then after the Pension Fund receives information about the death of the pensioner, you will have to return the money for the period when another person received it.
Receive a pension for a deceased pensioner through STATE SERVICES
You must apply for funds. To do this, you can contact the pension fund in person or submit it electronically through the State Services website. However, this option is only possible if you need to receive a funded pension. All other types of pension payments are processed through the Pension Fund. On the State Services website, all actions are performed through your personal account. You need to register, select the appropriate service, and follow the instructions to create an application.
Who can inherit the funded part of the pension?
When applying for a funded pension at the Pension Fund of the Russian Federation, the future pensioner has the opportunity to leave a statement indicating the persons who will inherit the unspent part of the savings in the event of his death. If the testator did not leave such a statement, then the transfer of the balance on his account will occur in accordance with the inheritance legislation in force in the Russian Federation on the day of the pensioner’s death. This means that the inheritance will pass to the new owners in the established order of priority.
Receiving funds from a pensioner after his death: how long to wait
The issue of transferring money to relatives who have the appropriate rights is resolved within a month. Funds are transferred to the bank card shortly after further actions are determined. If you immediately apply for a pension for a deceased person who did not live to see this moment, the transfer will be sent within 1 month. When documents are submitted late, payments are made later.
It may take several days from the time the application is decided until the money is transferred.
How can I find out the remaining amount?
- To find out exactly what amount was not paid to the deceased person, you need to visit the local branch of the Pension Fund.
- Only close relatives (people who have the right to claim) can make a request.
- They must have with them documents confirming the death of the recipient and their own passport.
- If we are talking about heirs, you must also have a certificate confirming the fact of acceptance of the inheritance.
- A certificate of the exact amount of unpaid funds is issued based on a request from a notary and an application received from relatives.
Which of the relatives can count on the deceased’s lost pension?
The cessation of accrual of pension funds occurs as early as the next month after the death of a relative. This money goes to the relatives of the deceased who live with him during his lifetime. Among them:
- mother;
- father;
- aunt;
- uncle;
- nephews;
- children;
- Brother;
- grandchildren;
- sister.
Instructions for processing lost benefits
To avoid mistakes when preparing to receive funds paid to the deceased, you should follow the following sequence:
- Documents are being collected.
- An application is created for submission to the PRF, for which an application is drawn up in accordance with Appendix No. 8 to Order of the Ministry of Labor of the Russian Federation N600n (dated November 1, 2016).
- Sending documents. They are handed over in person, through the MFC or by mail.
- The implementation of the submitted application is monitored.
- The transfer is made to a bank account.
Documents for receiving the lost pension of a deceased pensioner after 6 months
The amount that was not received by the pensioner during his lifetime, as well as the last pension (insurance), is transferred to the responsible person. Standard list of documents:
- applicant's passport;
- application - submitted by a relative who lived with the deceased pensioner in the same apartment;
- certificate of inheritance.
You need to contact any branch of the Pension Fund with such documents.
What happens if you don’t receive money on time?
The funds will not disappear. They will not be transferred to other people and will not remain on the account of municipal organizations in Russia. The relatives of the deceased will receive the money, but this will happen after inheritance. The lost pension will be included in its composition. The money will be given to the relatives along with the rest of the inheritance, but this will happen in 6 months.
“Question-answer” section
How to receive a pension for a deceased relative from Sberbank?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
When an application is submitted to the Pension Fund, details are provided to which the paying organization will transfer the money. A current account can be opened at Sberbank or another bank.
How to receive a pension for a deceased relative at the post office?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
If it is more convenient for a relative to receive the transfer not to a bank account/card, but by mail, the appropriate method should be indicated in the application. However, first they fill out an application according to the above scheme, so that the relative can be given this money after the death of the relative while living together with him.
What payments do a group 1 disabled pensioner receive after the death?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
Relatives should count on several different benefits from the state. First, you can apply for a lump sum payment after the death of a disabled person. In addition, they receive a funeral benefit. If the deceased received a pension, then relatives can start preparing documents and certificates in order to be able to claim these funds. But this is only possible if the deceased became disabled relatively recently, previously worked, and has experience.
What payments are due upon the death of a military pensioner?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
A military serviceman has privileges over civilians: after death, his relatives can receive a pension, but not double, but even triple the amount, compensation for expenses incurred for burial and installation of a tombstone, and a one-time payment from the state. There is another option - to have a funeral free of charge. At the same time, the expenses are written off by the state. However, relatives need to choose what may be more beneficial for them: receiving compensation for funeral expenses or having the burial carried out at the expense of the state.
How to receive a pension for a deceased relative from Sberbank from a card?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
The relatives with whom the deceased lived in recent years contact the Pension Fund to leave a statement. At the same time, the documents indicate the details, including the Sberbank card number, which will then allow funds to be transferred to it. Moreover, the person who received them must take into account that it is impossible to provide details of credit and deposit accounts.
Payments after the death of a pensioner disabled group 2
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
A relative who lived with the deceased before the death of the latter can count on various types of assistance: one-time assistance, as well as pension funds accrued for disability, and other monthly payments.
If a pensioner dies the day before retirement, what payments are due?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
It does not matter when the pensioner’s death occurred (a day, two or more before receiving pension funds). The Pension Fund of the Russian Federation stops accruing money on the 1st day of the month following the death of a person. In the current one, it is still possible to withdraw money that was paid earlier.
How to receive a pension for a deceased pensioner by proxy?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
A pension by proxy is received during a person’s lifetime when he transfers these rights to a third party. Moreover, the duration of validity of such a document is limited. After death, it will no longer be possible to issue a power of attorney. Moreover, this does not make sense, given that relatives can receive pension funds and other assistance from the state if they submit the appropriate application.
What part of the payments can be withdrawn from the pension: insurance or funded?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
The difference between the savings and insurance options lies in the methods of deductions for their formation. Insurance pension funds are paid to relatives after the death of a loved one. Savings payments can be received, but on the condition that the person is ready to enter into an inheritance.
Can I count on payments if people did not live together?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
If in the past people lived together, later separated, and an older relative died, you can count on receiving money - the last pension payment. But this happens under one condition - a family member contacts a notary to enter into an inheritance.
Can bailiffs seize a pension?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, funeral service specialist
When the money received is withdrawn from the card, if there are debts, payments may be blocked by bailiffs. However, circumstances are completely different when a person receives transfers by mail. Regardless of the city (Moscow or the regions), it is impossible to impose an arrest.
What documents are needed for a power of attorney?
To issue a power of attorney to issue a pension, you need:
- Pensioner's passport.
- Data from the passport or a photocopy of the citizenship of the person for whom the power of attorney will be issued.
- When transferring pension payments to Sberbank, you need a savings book.
- If the pension is credited to an account in any other bank, you will need a power of attorney from the bank to issue funds from the card or account.
This is a list of the main documents that will be required during preparation. In unusual situations, the certifying official may request additional documents.
Legal advice
Prigozhin Andrey Ivanovich
Head of the legal agency "Prigozhin and Co"
Ask a Question
If the deceased man was a military serviceman, he can receive payments according to the order of the Ministry of Internal Affairs. Moreover, the size is significant, this is not a generally accepted acceptable minimum, since allowances for preferential categories are taken into account (military personnel who served during the Second World War, etc.). To receive the latter amount, you need a standard package of documents for such cases. You need to contact the agency paying the funds. You can count on receiving money up to 6 months after death if the relatives buried the deceased at their own expense and do not plan to include this amount in the inheritance.
Kartashov Evgeniy Nikolaevich
Lawyer, head of the legal agency “Sutyazhnik”, Volzhsky
Ask a Question
If a deceased person of retirement age happened to die in a hospital due to a long illness, this does not in any way affect the procedure for obtaining assistance from the state, one-time payments and receiving the last pension funds. The necessary documents are provided to the departmental body. It must be assumed that payments will not be made on the same day, but after consideration of the application: in cash, in non-cash form.
Solovyova Elena Petrovna
Lawyer, employee of the Verdict agency
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If the deceased lived in an apartment where other family members also lived at the same time, then all relatives can claim equal shares of the last (insurance) amount. In this case, it does not matter who submits the documents first. When recalculating the share of inheritance, family ties and people's rights play a role.