Registration of death in the registry office and the concept of posthumous marriage

The registry office acts as such a body, where the main identification document of a person - a passport - is replaced with a death certificate. This is done immediately on the day of application; according to the law, 3 days are allotted for this from the moment of death of the person. This is rather a recommendation period, since no liability is provided for its violation. There are cases when the document was received much later; there are no obstacles to this. The most important thing is that the document is received before the funeral ceremony, since this is a mandatory condition in order to be able to bury a person in a Moscow cemetery.

The stamp death certificate must contain information such as: passport details of the deceased, date and place of death and registration of this fact, number and date of drawing up the act, date of issue of the death document itself.

While a passport proves the identity of a living person, a death certificate is the main document proving the identity of the deceased. The fact of death means loss of capacity and legal capacity. A death certificate is required so that relatives or authorized persons can proceed with further ceremonies.

Why do you need a death certificate?

Thus, it turns out that a stamp death certificate is necessary to carry out the following actions:

1. Directly conducting the burial ceremony of a deceased person. Receiving social compensation allocated by the state for burial (to obtain it, you need certificate No. 11, it can be obtained at any MFC).
2. Registration of 200 cargo transportation to other regions.
3. Ordering cremation of remains in crematoria.
4. Drawing up a special document in which the funeral services provided and all related goods that were purchased by the client from the funeral agency are registered - the so-called BO-13 form.
5. Ordering and processing the exhumation of the remains for their further reburial.
6. Resolving issues related to inheritance of the property of the deceased.
7. Receiving all those benefits and payments that are provided by law after the death of a person. A good example is applying for a survivor’s pension.
8. Resolving the issue of burial place in the cemetery, as well as for subsequent re-registration of the person responsible for the grave.

How long does it take to issue a death certificate?

A death certificate is an official document on an A4 sheet with watermarks. It contains all the information about the deceased.

As a standard by law, this document is issued within 24 hours after submitting the application.

In addition to the certificate, relatives or friends of the deceased who register the death may request a special certificate issued in Form No. 33. You will need it to receive funeral benefits.

Dear readers! To solve your problem right now, get a free consultation

— contact the on-duty lawyer in the online chat on the right or call:
+7
— Moscow and region.
+7
— St. Petersburg and region.
8
- Other regions of the Russian Federation
You will not need to waste your time and nerves
- an experienced lawyer will take care of solving all your problems!

How to obtain a death certificate

Documentary confirmation of the fact of a person’s death is necessary to officially register this fact and obtain a death certificate.

The following may serve as documentary evidence of death:

1. A medical death certificate is the primary document confirming that a person has passed away. It is issued by the medical institution whose specialists certified the death. It is on the basis of this document that a stamp certificate is issued.

2. The decision of the judicial authority, if it was necessary to resort to its help to confirm death. This usually occurs when a person has been reported missing. Only the court makes a decision to declare a person dead, but not earlier than 5 years after the person went missing.

3. A document from the prosecutor’s office or the Ministry of Internal Affairs if it is necessary to confirm the death of a repressed, but later rehabilitated person.

Any of the above documents is received either by a relative or by the person who has the responsibility for preparing the funeral. In addition to the collected package of documents, a passport of the responsible person is required.

Procedure for ending a marriage due to the death of one of the spouses

According to the Family Code of the Russian Federation, Article 16, the death of one of the spouses is a reason for automatic dissolution of the marriage union. In this case, the other half does not need to file for divorce ; it is enough to contact the registry office to obtain a death certificate for a family member. This will be the document confirming that the person is no longer married.

Expert opinion

Maria Lokshina

Family law expert since 2010

As a rule, a family officially ceases to exist at the time of the death of one of the spouses. This is stated in Federal Law No. 323.

If the divorce occurs due to the death of the husband or wife, payment of the state fee is not provided. A divorce certificate is also not issued.

Where to get a death certificate

Until recently, the issuance of such certificates was the sole responsibility of civil registry offices. Gradually, the usual registry offices were replaced by MFCs - multifunctional centers. In addition to many other services provided to the population, MFCs issue death certificates based on documentary evidence of this fact. It is necessary to determine which MFC you should contact based on the registration address of the deceased. The MFC that services the address where the death of a person was recorded is also suitable. If the deceased was found on the street and it is not possible to determine his place of residence, then an appeal should be made to the MFC in whose territory this happened.

In addition to the above method, there are two more: contact the registry office of the city of Moscow (not just any one, but Novomoskovsky, Yuzhnoye Butovo, Troitsky and Novofedorovsky) or resort to help. The last two methods are suitable in the following cases

• If Moscow is the last residence of a deceased person.
• If it was in Moscow that the fact of death was confirmed.
• If the organization that issued the document establishing the fact of death is located in Moscow.
• If the parents of the deceased, his children or spouse live in Moscow.

Despite the fact that recently many services can be obtained online on the single State Services portal, obtaining a death certificate and registering death is not one of them. In order to complete all the necessary documents, the personal presence of the citizen who is responsible for the funeral will be required.

Where do they get it?

Registration of death is carried out by the civil registry office. The location of the civil registry office that issues a death certificate is determined by the place of its registration:

• At the registration address of the deceased or the place of residence of relatives.
• According to the place where the body was found or death occurred.
• At the location of the organization that issued the death certificate or at the court that made the decision on death.
• In case of death on the way - the nearest registry office at the place where the passenger was removed from the vehicle.
• In the event of death during an expedition or hiking trip - at the civil registry office of the settlement closest to the place of death.

Information!

When registering a death certificate, you can ask for certificate No. 33, which is needed for social assistance for burial.

After death registration is completed and documents are submitted, the Civil Registry Office records the death certificate and issues a death certificate. It contains:

• Full name, date and place of birth and death.
• Act number.
• Place of registration of death.
• Date of issue and preparation of the certificate.

If the date of death is established by the court, then it is considered the date when the court made a decision or it entered into legal force. The death certificate is signed by the person who issued it and the head of the civil registry office, and is certified by a seal. Issued on the day of application; no state fee is paid for receiving the form.

Algorithm for receiving a document at the MFC My Documents

The process of receiving the service itself occurs according to the following algorithm:

• A personal visit to the MFC unit in whose jurisdiction the deceased lived with a medical certificate of death. No pre-registration is required, just take an electronic ticket. In the menu, select the purpose of the visit - “Registration of death”. Next, all you have to do is wait for an invitation to see a specialist at the center; the order is indicated on the board in the waiting room for visitors.
• The specialist makes a decision on providing this service based on studying the documents provided. If any inaccuracies are found in the documents, a refusal may follow. The refusal must be justified and its reason stated.
• Next, this information must be entered into the Unified State Register - a unified state register, only after that the certificate itself is issued, this happens automatically. After thorough study, the applicant signs it.
• An MFC employee must make an official record and also provide the document for signature to the applicant.
• After this, the certificate itself should be issued; it must be signed and stamped by the head of the unit.
• Then the specialist can hand over to the visitor a completed document - a stamp of death certificate. An appropriate note is also placed in the journal for the use of forms.
• In addition, the specialist must generate and issue to the applicant a certificate, which will be required to obtain a funeral benefit.
• Thus, the responsible employee retains the passport of the deceased person and a medical certificate about his death. They are then transferred to the Ministry of Internal Affairs of the Russian Federation located in the same territory.
• The applicant leaves the MFC with a stamped death certificate on the form approved by the Ministry of Justice of the Russian Federation on August 13, 2018, and a certificate for the provision of benefits (according to form No. 200, approved by the Ministry of Justice of the Russian Federation on October 1, 2018).

What documents are provided to the registry office

The list of required papers includes:

• statement;
• documents confirming the identity of the applicant and the identity of the deceased;
• if necessary, documents demonstrating the transition of the deceased or the applicant from the full name in the vital records to the full name in the passports;
• evidence of a family relationship between the applicant and the deceased;
• medical certificate of death. We accept both a government document and a certificate from a private practitioner;
• documents that are the basis for drawing up an act record of a change in civil status;
• if necessary, a court ruling (that has entered into force) establishing death and declaring the citizen dead;
• if the deceased was repressed and then rehabilitated, then documents from the competent authorities;
• when acting on behalf of the family of the deceased, the applicant provides a power of attorney certified by a notary.

When receiving a certificate for the purpose of sending it abroad, it must be translated and notarized. When issuing a death certificate, government agencies are guided in their actions by Federal Law No. 8 “On burial and funeral affairs”, Federal Law No. 143 “On acts of civil status”.

Documents for a death certificate

In order to be able to obtain a stamp certificate, regardless of the place where it was received, the following documents will be required:

You should not expect it to be returned: the passport is confiscated by a specialist from the MFC or the civil registry office for subsequent transfer to the Ministry of Internal Affairs. If the deceased does not have a passport, the son-in-law must provide an extract from the house register. Only persons registered in the same living space as the deceased can receive such an extract. If the deceased was a foreigner, then to obtain a certificate a passport certified by a notary in Russian must be presented.

This is issued only after a pathological examination has been carried out in accordance with all the rules. This document is also confiscated by the receiving employee. The medical certificate must be issued in a strictly established form; for this purpose there is form No. 106/у-08. This form was approved by order of the Ministry of Health dated December 26, 2008. After receiving a medical report, it is important to carefully check the compliance of all personal data of the deceased. If some discrepancy or even a typo is subsequently discovered, then registration of the fact of death at the MFC or registry office may be refused. A certificate cannot be accepted without all the required signatures and a blue seal. All required fields on the certificate must be completed.

A person who has only a temporary certificate replacing a passport cannot apply for the service. Likewise, the service will not be provided to a person who provides a photocopy of his passport. All these points also serve as a guaranteed reason for refusing to provide the service. Of course, the passport must be returned to the owner.

After submitting the specified documents, the stamp death certificate is issued to the next of kin of the deceased. This document can also be received by the person who has taken responsibility for completing all formalities and conducting the funeral. Moreover, it is not at all necessary that the person in question be a relative of the deceased. After receiving the certificate, it is important to check the compliance of all data in order to avoid misunderstandings in the future.

In cases of death of infants in the first week of life, a birth certificate must first be obtained. This procedure is not required if the baby’s death is confirmed during childbirth - a stamp death certificate is immediately issued.

How to register a death

Administration structureDepartment of Municipal ServicesLoss of a loved oneHow to register death

1. Where to go?

State registration of death is carried out by the civil registry office:

• at the last place of residence of the deceased,
• at the place of death,
• at the place where the body of the deceased was found,
• at the location of the organization that issued the death document,
• at the place of residence of parents (one of the parents), children, surviving spouse,
• at the location of the court that made the decision to establish the fact of death or declare the person deceased.

2. In what form must a declaration of death be made?

Death must be declared orally or in writing to the civil registry office, or by sending an electronic document to the civil registry office through a single portal of state and municipal services, which is signed with a simple electronic signature of the applicant.

3. What documents are required?

State registration of death is carried out on the basis of a medical death certificate.

If the fact of death was not recorded in a medical institution or by a private practitioner, or the medical certificate is lost and cannot be restored, state registration of death is carried out on the basis of a court decision that has entered into legal force on establishing the fact of death or declaring a person deceased.

In addition to the specified documents, you must present:

• identification document of the applicant,
• identification document of the deceased.

4. Who is required to make a death declaration?

The following are required to declare death:

• spouse, other family members, as well as any other person present at the time of death or otherwise informed of the occurrence of death;
• a medical organization or social service organization if the death occurred during the person’s stay in this organization;
• the institution executing the sentence, if the death of the convicted person occurred while he was serving his sentence in places of deprivation of liberty;
• body of inquiry or investigation if an investigation is being conducted in connection with the death of a person or upon the fact of death, when the identity of the deceased has not been established;
• commander of a military unit if death occurred during the period of military service.

5. When must a death declaration be made?

The 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.

6. What documents are issued by the civil registry office after registering a death?

After registering the death, a death certificate and a certificate (form No. 11) are issued, which is necessary to receive non-burial benefits. Important: the certificate is issued once in a single copy (duplicates of the certificate are not issued).

If a child dies in the first week of life, a birth certificate will have to be issued before issuing a death certificate.

If a child died during childbirth, birth and death certificates do not need to be issued. Instead, you need to obtain a certificate of stillbirth from the civil registry office (form No. 3).

7. Important information.

ATTENTION!

In order to prevent distortion of statistical data on mortality, as well as to ensure state registration of death in a timely manner, timely exclusion of deceased citizens from voter lists, termination of payments of social benefits and pensions after the death of their recipients, the administration of the Togliatti city district informs about the need for strict compliance with the requirements of the Federal Law dated November 15, 1997 No. 143-FZ “On acts of civil status” (hereinafter referred to as Federal Law No. 143-FZ) and explains:

- a statement of death orally or in writing to a civil registry office or a multifunctional center for the provision of state and municipal services is the responsibility of the spouse, other family members of the deceased, as well as any other person present at the time of death or otherwise informed about the occurrence of death, as well as the relevant bodies and organizations (institutions) (clause 1 of Article 66 of Federal Law No. 143-FZ);

- a statement of death must be made no later than three days from the date of death or from the day the body of the deceased was discovered (clause 2 of Article 66 of Federal Law No. 143-FZ);

— citizens of the Russian Federation, foreign citizens and stateless persons for violation of this Federal Law bear responsibility established by the legislation of the Russian Federation (clause 2 of Article 78 of Federal Law No. 143-FZ).

How to organize a funeral?

How to receive funeral benefits?

How to register a place in a cemetery?

How to create a family (ancestral) burial?

How to carry out exhumation and reburial?

Who can obtain a death certificate

Contrary to popular belief, not only a close relative of a deceased person can receive a death certificate. This is due, first of all, to the fact that not in every situation it is possible to document the relationship. Secondly, the deceased may have no relatives at all, but someone will still have to take care of the funeral ceremony.

In this case, there is Federal Law No. 8 of January 12, 1996, which states that this certificate can be issued either to the legal representative of the deceased or to a person authorized to handle the funeral.

Thus, government bodies, subject to the provision of a full package of the above documents, are obliged to issue a stamp certificate to persons from the following list:

1. The spouse, children of the deceased, as well as an outsider who was either present with the person at the time of his death or has any information regarding this fact.

2. A representative of a medical or social organization, if the person was within its walls and the fact of death was confirmed there.

3. A representative of a correctional institution, if at the time of death the citizen was in prison.

4. To a representative of the internal affairs department, if the death of a person was the result of capital punishment applied to him.

5. A representative of investigative bodies or bodies of inquiry authorized to conduct an investigation into the death of an unidentified person.

6. To the commander of a military unit or any other unit, if the citizen died during military service.

7. A representative of the funeral agency, to whom the relatives of the deceased voluntarily transferred the authority to organize the funeral, thus making him their legal representative.

• Birth registration
• Marriage registration
• Divorce
• Death registration
• Establishing paternity
• Adoption
• Name change
• Issuance of repeated certificates/certificates
• Restoration and cancellation of vital records
• Alteration
• Apostille

Empty

empty

State registration of death

General information about the public service is provided by Chapter VIII of the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status” (hereinafter referred to as Federal Law No. 143-FZ), the Administrative Regulations for the provision of public services for state registration of acts of civil status by the bodies carrying out state registration of acts of civil status on the territory of the Russian Federation, approved by order of the Ministry of Justice of Russia dated December 29, 2021 No. 298.

Place of provision of public services

State registration of death is carried out by the civil registry office at the last place of residence of the deceased, the place of death, the place where the body of the deceased was found, the location of the organization that issued the death document, the place of residence of parents (one of the parents), children, surviving spouse or location the court that made a decision to establish the fact of death or declare a person deceased, or a multifunctional center for the provision of state and municipal services, which is entrusted with powers in accordance with paragraph 2.2 of Article 4 of Federal Law No. 143-FZ.

If death occurs on a ship, on a train, on an airplane or in another vehicle during its passage, state registration of death can be carried out by the civil registry office located in the territory within which the deceased was removed from the vehicle.

If death occurs on an expedition, at a polar station or in a remote area in which there are no civil registry offices, state registration of death can be carried out in the civil registry office closest to the actual place of death.

Procedure and methods for submitting an application

The death application is submitted to the civil registry office or the multifunctional center for the provision of state and municipal services, which is entrusted with powers in accordance with paragraph 2.2 of Article 4 of Federal Law No. 143-FZ, orally or in writing.

The following are required to declare death orally or in writing:

1) spouse, other family members of the deceased, as well as any other person present at the time of death or otherwise informed of the occurrence of death;

2) a medical organization or social service organization if death occurred during the person’s stay in these organizations;

3) the institution executing the sentence, if the death of the convicted person occurred while he was serving his sentence in places of deprivation of liberty;

4) the internal affairs body if the death of the convicted person occurred as a result of the execution of an exceptional penalty (death penalty);

5) the body of inquiry or investigation if an investigation is being conducted in connection with the death of a person or upon the fact of death, when the identity of the deceased has not been established;

6) the commander of a military unit if the death occurred during the period of the person’s military service.

The persons specified in the first paragraph have the right to declare death to the civil registry office by sending a death statement in the form of an electronic document to the civil registry office through a single portal of state and municipal services and regional portals of state and municipal services, which is signed in simple electronic signatures of the specified persons.

If a death application is sent in the form of an electronic document, the documents that are the basis for the state registration of death are submitted by the applicant in person to the civil registry office at the time appointed for the state registration of death.

The declaration of death must be made no later than three days from the date of death or from the day the body of the deceased was discovered.

When applying for death, the passport of the deceased (if available) is submitted to the civil registry office or the multifunctional center for the provision of state and municipal services, which is entrusted with powers in accordance with paragraph 2.2 of Article 4 of Federal Law No. 143-FZ, at the place of state registration death for referral to the territorial body of the federal executive body implementing state policy in the field of migration and carrying out law enforcement functions, functions of control, supervision and provision of public services in the field of migration (at the place of state registration of death).

Duration of provision of public services

State registration of death and issuance to the applicant of the corresponding certificate of state registration of a civil status act (in cases established by Federal Law No. 143-FZ - certificates of state registration of a civil status act) of the established form are carried out in accordance with paragraph 12 of the Administrative Regulations, on the day of the applicant’s application for subject to presentation of all properly executed documents.

List of documents required for the provision of public services

1) Statement of death, stated orally or in writing or sent in the form of an electronic document to the body providing the public service through the Unified Portal. An application for state registration of death, which is sent in the form of an electronic document, is signed with a simple electronic signature of the applicant.

An application for death in writing must be completed using computer technology or handwritten in accordance with the Rules for filling out applications;

2) one of the following documents:

- a death document issued by a medical organization or an individual entrepreneur engaged in medical activities, or in the case provided for by Federal Law of June 5, 2012 N 50-FZ “On the regulation of the activities of Russian citizens and Russian legal entities in Antarctica” (Collection of legislation of the Russian Federation, 2012, No. 24, Article 3067), - by another authorized person in the manner established by order of the Ministry of Health and Social Development of Russia No. 782n;

- a court decision to establish the fact of death or to declare a person dead, which has entered into legal force;

- a document issued by the competent authorities on the fact of the death of a person who was unreasonably repressed and subsequently rehabilitated on the basis of the Law on the Rehabilitation of Victims of Political Repression;

3) identification document of the applicant;

4) identification document of the deceased (if available).

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.

Applicants have the right, on their own initiative, to submit documents confirming the content of the norms of foreign family law, which they refer to in support of their claims or objections, and otherwise assist the bodies providing public services in establishing the content of the norms of foreign family law.

Documents issued by the competent authorities of foreign states and presented for state registration of acts of civil status must be legalized, unless otherwise provided by international treaties of the Russian Federation, and translated into the state language of the Russian Federation (Russian). The accuracy of the translation must be notarized (clause 42 of the Administrative Regulations).

For state registration of death, it may be necessary to submit a document to the body providing the public service about the death of a person who was unreasonably repressed and subsequently rehabilitated on the basis of the Law on the Rehabilitation of Victims of Political Repression, whose death was not previously registered.

The body providing the public service receives the specified document upon an interdepartmental request from the relevant competent authority of the Russian Federation.

The applicant also has the right to submit, on his own initiative, the specified document received from the competent authority of the Russian Federation. In this case, the interdepartmental request is not sent to the competent authority of the Russian Federation.

Failure by the applicant to provide the specified document is not grounds for refusing the applicant the provision of a public service.

It is prohibited to require from the applicant:

— submission of documents and information or implementation of actions, the presentation or implementation of which is not provided for by regulatory legal acts regulating relations arising in connection with the provision of public services;

— submission of documents and information that, in accordance with regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation and municipal legal acts, are at the disposal of government bodies providing public services, other government bodies, local government bodies and (or) subordinate government bodies and local government organizations involved in the provision of state or municipal services, with the exception of the documents specified in Part 6 of Article 7 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services.”

Application forms

Application forms were approved by Order of the Ministry of Justice of the Russian Federation dated October 1, 2021 No. 201 “On approval of application forms for state registration of acts of civil status and Rules for filling out application forms for state registration of acts of civil status.”

Declaration of death form No. 21

Application forms

Declaration of death form No. 21

An exhaustive list of grounds for suspension or refusal to provide public services

Refusal to state registration of a civil status act or to perform another legally significant action is permitted in the following cases:

— state registration of a civil status act is contrary to Federal Law;

— the documents submitted by the applicant do not comply with the requirements imposed on them by the Federal Law and other regulatory legal acts;

— there are no documents necessary for the provision of public services and to be submitted by the applicant.

An employee of a body providing a public service does not have the right to carry out state registration of acts of civil status in relation to himself, his spouse, his and his relatives (parents, children, grandchildren, grandparents, siblings). State registration of acts of civil status in such cases is carried out by another employee of the body providing the public service, or in another body providing the public service.

At the request of an applicant who has been denied a public service, the head of the body providing the public service is obliged to inform him of the reasons for the refusal in writing.

Procedure, amount and grounds for collecting state duty for the provision of public services

There is no state fee to be paid for state registration of death.

Result of the administrative procedure

The result of the provision of public services during the state registration of a civil status act on death is the compilation of a corresponding civil status entry in the Unified State Register of Civil Status Records and the issuance to the applicant of a certificate of state registration of a civil status act, a certificate of state registration of a civil status act or a notice of refusal to state registration of civil status act.

Documents issued to applicants

Forms of certificates and certificates are approved:

— Order of the Ministry of Justice of the Russian Federation dated August 13, 2021 No. 167 “On approval of forms of certificates of state registration of acts of civil status and Rules for filling out forms of certificates of state registration of acts of civil status”;

- Order of the Ministry of Justice of the Russian Federation dated October 1, 2021 No. 200 “On approval of forms of certificates and other documents confirming the presence or absence of facts of state registration of acts of civil status, and Rules for filling out forms of certificates and other documents confirming the presence or absence of facts of state registration of acts of civil status state."

When state registration of death is issued:

- death certificate;

— death certificate No. 11, issued in accordance with Federal Law No. 8-FZ of January 12, 1996 “On burial and funeral affairs.”

Who can help with paperwork

It is not always possible for a close circle of relatives to take charge of organizing the funeral and everything connected with it. Moreover, this process is associated with obtaining a certain number of documents.

In such cases, and this is not prohibited by law, you can shift the mournful responsibility to professionals. The staff of the funeral service Ritual MFC will be able to collect all the necessary documents (including the stamp of death certificate) and prepare the ceremony. Free consultation +7 (495) 018-3456