A death certificate is an important document that can help you navigate the various legal issues that typically arise after the death of a loved one. On its basis, pensions, benefits and other payments are issued. Also, only with this document in hand can you enter into an inheritance. If a document suddenly becomes unavailable, it is important to know how to restore a death certificate. The following article will tell you in detail who has the right to receive a duplicate and which institution to apply for it.
Why do you need a duplicate?
The need for a duplicate arises in the following cases:
- The original is significantly damaged, the information on it is impossible to recognize.
- The original paper is so worn that it is unreadable: the text, signatures and seals are not clearly visible.
- The original is destroyed or irretrievably lost.
- The interested person cannot receive the original, which is in the possession of other relatives with whom a serious conflict occurred.
Even if the original is intact, the registry office can provide a duplicate. This opportunity is relevant for citizens who need a death certificate to resolve various legal issues, but it is not available to them. An official duplicate issued by the Civil Registry Office has the same legal force as the original document.
Who can restore?
Not everyone can restore this document, that is, get a duplicate of it. The Law “On Civil Status Acts” clearly lists the persons entitled to this:
- Close relatives of the deceased. Adult children of deceased parents, as well as their spouses, often apply for this document. Distant relatives who have a connection with the deceased through a generation are also allowed. This is relevant in the case where the close relative who originally received the death certificate of a long-dead relative also died. And his relative, driven by legal interest, can submit a request to the registry office to restore the document. For example, a woman lost her mother’s death certificate and then died herself. Then the woman's daughter restores her grandmother's death certificate.
- Any interested party whose rights are affected in one way or another. For example, the owner of the property where the deceased was registered may need this document to confirm that he no longer lives at that address.
As we see, not everyone can restore the death certificate of a significant person. You need to prove the legitimacy of your request, since a random person on the street will be denied.
Therefore, the interested party, with the help of properly selected documents, explains why he is interested and confirms that his interests are within the scope of the law. It is optimal if there is a close or distant relationship between the applicant and the deceased.
How to find out about the death of a relative in time to enter into an inheritance
Main reason: it's illegal. Such information is personal data. Unauthorized access and copying of such data is a criminal offence. It doesn’t matter how exactly the data was copied: transferred to a flash drive, photographed from the screen, or written down in a notepad by hand. For this they can be fined 200,000 rubles or imprisoned for two years.
It is also useless to contact other government agencies, such as the police. By law, any person must consent to the processing of personal data, and do so in writing. But, if a person died and did not give such consent in advance, the decision on this is made by the heirs. This possibility is rather theoretical: although the law allows a person to give such consent, I have never heard of anything like this.
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Where to contact?
For a duplicate you need to contact the registry office. Preferably in the one where the certificate was originally issued. However, there are situations when the heirs (especially after a generation) do not know in which specific department the document was received. In this case, you need to contact the department located in the city that became the last refuge of the deceased.
It is optimal if the original document is lost, but a copy or scan has been preserved. Then you need to pay attention to the details of the body that issued the certificate and contact it.
If the heirs live in another city and cannot appear at the required registry office, they can be contacted as follows:
- draw up and notarize a power of attorney for a person who decided to go to the desired city to issue a duplicate;
- use the services of the Russian Post and send a request by registered mail;
- submit a request through the MFC or the State Services portal.
In the last two cases, a repeated certificate will be issued by the civil registry office of the city where the requesting person lives.
How to find out if a person is alive or dead by last name, first name and patronymic
The simplest, most effective, and most importantly free way to find out whether a person is alive according to his data (last name, first name and patronymic), is to use the database of the register of inheritance cases, which is freely available on the Internet. It is intended for heirs of property who are looking for a notary dealing with a specific inheritance matter.
At some moments in our lives, we may need to find out whether the person we need is alive or dead by his last name, first name and patronymic. Most often this is associated with inheritance issues. But there are also cases when we simply need to find out whether our relative or distant acquaintance is alive. Usually it is enough to contact him personally, but what to do in a situation where you do not have his phone number and residential address? In this case, our material will help.
How to apply online?
To submit a request for a duplicate, you must complete the following steps:
- Log in to the State Services portal.
- Fill out the application form, providing the following information:
- the address of the registry office where the first certificate was received;
- your details: full name, registration address;
- details of the deceased: full name, place and date of death;
- details of the original document (they can be indicated if a copy or scan has been saved);
- your email address to receive a response;
- the address of the registry office where it is desirable to obtain a duplicate.
- Pay the fee for providing the service. This can be done directly on the portal; this option is beneficial since it provides a small discount.
- Expect a response, which usually arrives within 30 days of the request. You will be notified by email which department of the registry office is ready to provide the document and what hours it is best to visit this institution. A refusal is also possible if information about the citizen’s death has not been preserved.
This whole procedure is simple; submitting a request through State Services takes a little time. The portal itself provides detailed and step-by-step instructions, so mistakes are almost impossible.
Why is it necessary to translate the certificate?
A translation of the certificate is required for use abroad. For example, receiving an inheritance when the deceased had foreign citizenship. It is customary in states to review documentation in the official language.
Expert opinion
Golubev Denis Petrovich
Lawyer with 7 years of experience. Specialization: civil law. Author of dozens of articles in the media
You must request a translation from the authority issuing the original sample. This is due to the actual impossibility of translating on your own. With any proficiency in a non-native language, it is possible to make a mistake that actually violates the structure of the original.
Situations in which the translated version is useful:
- Use abroad. This includes both obtaining foreign citizenship and registering an inheritance from a relative who lived in another country.
- Marriage registration. A marriage is invalid from the moment of death of one of the spouses, so a confirming document may be useful for formalizing a new relationship.
What documents should I prepare?
It doesn’t matter how you decide to contact the registry office (in person or online), you need to prepare the following documents:
- passport;
- a copy of the lost certificate;
- a receipt confirming that the fee has been paid;
- documents confirming relationship with the deceased (for example, if you need to get a duplicate of the death of a father or mother, a birth certificate is provided, and if about the death of a husband or wife, then a marriage certificate).
Before visiting the registry office in person, you need to prepare copies of these documents, and before filling out the application online, make a scan. If you decide to apply in person, then in addition to copies, it is important to take with you the original documents: the registry office employee will compare the copies with the originals to prevent forgery.
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Application processing time
If the applicant applied for the certificate in person, paid the state fee in advance and provided a complete package of documents, then the duplicate is usually issued within 1 hour. The maximum processing time is 1 day. But this is the optimal period when all the records are preserved in the archive and are easy to access. Otherwise, the registration process may take 1 month. The following factors delay:
- The request was sent from another year. Here it is necessary to make allowances for the work of the Russian Post, and neither party can influence this.
- The records were lost for some reason and cannot be restored.
The same period of 1 month is relevant in the following cases:
- the request was submitted through the State Services portal or the MFC;
- the request was submitted through the registry office that did not register the fact of death.
Information on the birth and death of citizens is stored in the registry office for 75 years, and then they are transferred to the regional archive. In the 1920s, these data were recorded by village councils, and before the Revolution - by the church. If you need a duplicate of the death certificate of a relative who died a long time ago, the registry office may be powerless to help, and then you will have to contact other authorities.
In difficult situations, it is recommended to contact the local executive authority. Its representatives have access to the regional archive and can provide assistance.
Statement
To obtain an official document confirming the death of a person, you must submit an application. Usually it is submitted by people interested in legal registration (relatives and heirs). There are special rules for filling out an application.
Submit an application as part of the existing and required package of documents.
How to fill out an application
The form is free, but requires strict adherence to a couple of nuances. So the structure is:
- It is important to register the registry office to which a request is submitted to issue a document regarding the death of a relative.
- Applicant details. Full name, registration address, series and number of the identity document.
- Information about the deceased. Full name, date and place of death, causes.
- More detailed information about the deceased. Passport details, registration address, citizenship, date of birth.
- Completion – date, signature of the person who signed the application.
It is required to comply with the lexical norms of the official style, break the text into paragraphs, and indent (red lines).
When is refusal possible?
An applicant may be refused in the following situations:
- It is impossible to obtain information about the death of a person, and even in the regional archive there is no proper information.
- The registry office doubted the legality of the request and the applicant’s right to receive a duplicate.
- The registry office considered the reason for the request not convincing enough.
- The provided package of documents is insufficiently complete.
The refusal is transmitted to the applicant in writing in person or through Russian Post. Further, he has the right to act as follows:
- Fill in the gap, for example, add missing documents, and resubmit the request. You will have to pay the state fee again, since it is not refundable if you refuse.
- Apply to the court with a request to declare the actions of the refusing registry office illegal. The claim should indicate the essence of the claim and describe in detail the refusal of the registry office. You also need to convincingly prove why the duplicate is necessary.
