A death certificate is an important document that is often necessary to obtain. This is due to the termination of rights to the property of the deceased, the emergence of certain rights among relatives, and other legal nuances - registration of payments, pensions, benefits, etc.
Since such a certificate is the only official confirmation of the death of a citizen, in case of loss it is necessary to immediately take measures to restore it. Read below how to do this correctly.
Why is a death certificate required?
A death certificate is the main document that confirms the death of a citizen. Without it, it will not be possible to remove a citizen from registration or enter into an inheritance.
The death certificate serves as the basis for opening an inheritance case. It is issued by the district registry office on the basis of a medical death certificate or a court decision.
Losing a form can create real difficulties when registering an inheritance.
Varieties
When a loved one dies, everyone finds themselves at a loss in such a situation. The relatives of the deceased have a hard time at heart; they want to delay visiting the registry office as long as possible. Unfortunately, this is not possible.
After the death of a family member, many important issues usually have to be resolved: entering into an inheritance, resolving various disputes, proving the legality of receiving benefits (for example, in the event of the loss of a breadwinner).
A more detailed list of situations in which a death certificate is required:
- the document is required to resolve an inheritance issue;
- it is also indispensable in the event of disputes of a property and material nature. For example, to discharge the deceased from an apartment or house;
- When registering pension payments for the deceased and other social benefits, a death certificate is also required. Often the paper can be useful for processing survivor's pensions or other local benefits;
- A death certificate is also needed to obtain financial assistance from the state.
For these reasons, you should not delay obtaining this document. It is issued at the civil registry office, which refers to the place of registration of the deceased. You can also get paper at the scene of the tragedy.
For example, a person was going on a business trip or visiting relatives in another city. On the way, he got into an accident and crashed. In such a situation, the paper is issued in the nearest locality.
There are two types of death certificates:
- medical;
- stamp.
A medical (medical) death certificate is classified as a primary document. It is this paper that gives the right to further organize and conduct the funeral. It has a strictly defined appearance. Usually the form N 106/у-08 is used.
The document is drawn up in compliance with the provisions of the Letter of the Ministry of Health and Social Development of the Russian Federation. Based on the requirements of this document, an official record of dead Russian citizens is carried out. You need to pay attention to this point: without this paper, the relatives of the deceased have no chance of receiving the main document - the official stamp certificate of death of a loved one.
The essence of a medical certificate is to officially determine the cause and establish the fact of death of a particular citizen. As a rule, it is the cause of death that influences what type of certificate will be issued in the future.
Often, when identifying the cause of death, the basis for entering the relevant information in the form column is the conclusion of the pathologist. The record is formed in the form of an extract from the specialist’s official research protocol. Next, the paper arrives at the medical institution. Since this document is usually issued no later than 24 hours, it is not always possible to reliably determine the diagnosis and the reason for death.
A stamp death certificate is a document of a standard form, which looks like a sheet of A4 paper. It contains all the necessary data and information for authentication, watermarks and related information. All entries are made exclusively by printing and not by hand.
The stamp certificate contains the following information:
- Full name of the deceased, dates of birth and death, place of birth and death (not only the city, but also the region, country must be indicated), gender, nationality;
- the number of the act under which the citizen is listed in the accounting book;
- full name of the registry office department;
- date of receipt of the document. Be sure to put a stamp next to it. The head of the department also needs to put his own signature;
- Below you must indicate the document number.
The following information must be indicated in the book of state acts:
- where the deceased was registered;
- cause of death and medical statement number;
- Full name and address of the applicant.
Who can obtain a death certificate for a relative?
Initially, the certificate is issued on the basis of:
- medical death certificate (form No. 106/у-08);
- by a court decision to establish the fact of death;
- by a court decision declaring a citizen dead.
A medical certificate is issued by the medical institution that certified the citizen’s death. The form must bear the signature of an authorized person and the seal of the medical institution.
The court decision is made by the district court upon the application of the interested person. A prerequisite is to include in the claim the reasons for the need for the document. For example, applying for a survivor's pension.
Relatives of the deceased citizen (parents, children, spouse), as well as other citizens, can contact the vital registration authority.
If the deceased citizen was registered with third parties, then in order to resolve the issue of deregistration, the owner of the apartment can also obtain a certificate.
Medical documents
The document is a medical confirmation of the fact of death. It is issued on official form. The document records the official fact of death and is used for subsequent record keeping. If relatives do not have a certificate confirming the death of a person, they will not be able to receive the body of the deceased from the morgue.
Relatives of the deceased citizen, members of his family or guardian have the right to receive a death certificate. The document is issued in the same medical institution that confirmed the fact of death. You will need to provide the passport of the deceased and the applicant, as well as an outpatient medical card and an insurance policy, if available.
When you manage to obtain a death certificate, carefully check the document for typos and factual errors. It is necessary to ensure that the specified dates of death and the day the certificate was issued are correct. The information reflected on the paper must correspond to the details present in the passport. The round seal of the treatment center must be present on the back of the document. Additionally, the position and surname of the doctor must be indicated, and his signature must also be present. The death certificate is marked “final” or “preliminary”. The second version of the paper is issued if additional medical research is required to determine the causes of death. The final death certificate will be issued within 45 days.
Is it possible to restore
The death certificate of a deceased relative may be lost or damaged. Damage means:
- violation of the integrity of the form;
- making corrections;
- the result of exposure to water;
- presence of blots, erasures, marks not provided for by law.
Such a document will not be accepted by a notary. However, the original death certificate cannot be restored. Therefore, the interested party must obtain a duplicate.
A duplicate is an official copy endowed with the force of the original. However, the form is stamped “Repeated”.
Making adjustments
In some cases, you may notice that the recorded data on the official death certificate is erroneous or incomplete. Where can I get a corrected version of the document or what to do in such a situation? It is advisable to contact the civil registry office where the applicant received the original death confirmation document. The branch is located at the registration address.
An application for recording changes and adjustments in the death certificate is drawn up according to the official sample. You will need to provide your personal data, as well as information about the death certificate you previously received. In addition, it is necessary to attach the original document to be corrected, as well as other documents that provide a reasonable basis for recording changes in the document.
The application is considered within 30 days, and if the registry office is busy, the consideration period can vary up to 2 calendar months. In case of refusal, the decision can be appealed in court.
The state duty for the provision of this service in accordance with the stated clause in the Federal Law is 400 rubles .
Where to restore
A repeated death certificate is issued by application. A citizen must contact the authorized body with a written application.
Important! If almost any citizen can receive the original, then only relatives and heirs under a will are given the right to receive a duplicate.
Application Options
| No. | Application option | A comment | Note |
| 1 | Through the district registry office | The application is submitted by the applicant personally to the district department at the place where the death was registered. The certificate is issued immediately. | The application can be submitted through a representative. A notarized power of attorney is required. |
| 2 | By mail | The application is sent by registered mail with notification. Review of the application will take 30 days or more. | An inventory of the investment must be attached to the application. The result is issued at the regional registry office at the place of registration of the applicant. |
| 3 | Through MFC | You can contact MFCs throughout the country. The execution time depends on the distance between the place of filing the application and the place of registration of death, at least 30 days. | The certificate is issued at the place of application. |
| 4 | Through the State Services portal | This option is suitable for citizens who have a personal account on the portal. The application is submitted electronically. Documents are attached in scanned form. | The re-certificate will be issued at the district registry office at the applicant’s choice. You must take the original documents with you for comparison. |
Expert opinion
Stanislav Evseev
Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.
If the archival data has not been preserved, then interested parties will have to go to court (Article 74 of Federal Law No. 143-FZ). The essence of the application is the establishment of a legal fact. If there is a judicial act, the applicant will be able to contact the registry office and receive a duplicate.
Grounds for refusal to provide a service and ways to challenge it
If the required registry office office does not have information about a person’s death for some reason, the applicant will be denied the service.
There are also other grounds for refusal - for example:
- the person who applied did not indicate in the application why he needed to restore the certificate, as a result of which the employees determined that he was not interested in receiving the document;
- the applicant did not provide the requested documents - for example, did not prepare a receipt for payment of the state fee;
- the applicant does not have legal rights to receive the service - for example, if a woman applies to the registry office with a request to restore her husband’s death certificate, but it turns out that the spouses did not officially register their marriage, then she will be denied the certificate.
After eliminating the shortcomings (for example, correctly filling out the application, preparing all the necessary documents), you should contact the registry office again. You will have to pay the state fee again, attaching the receipt to the general package of documents. Funds paid in the past are not refundable.
If a person believes that the refusal to issue a certificate is unfounded, then he can go to court to protect his rights. The statement of claim should indicate a requirement to recognize the actions of the registry office employees as illegal and oblige them to issue a copy of the document. But practice shows that such actions take a lot of time.
The procedure for obtaining through the State Services portal
Algorithm of actions:
- Availability of a personal account. To submit an application online, you need to register on the website –gosuslugi.ru. Additionally, verification (identity confirmation) will be required.
- Option 1. From the main page, go to the section “Life situations” - “Your documents are lost” - “Death certificate”.
- Option 2. You can also go to the section “Family and Children Category” - “State registration of death” - “Obtaining a repeat certificate”.
- Filling out an electronic application.
- Attaching scanned documents.
- Payment of state duty.
- Select a convenient district registry office to get the result.
- Submitting an application.
- Obtaining a duplicate from the regional registry office.
How to get a duplicate if there is no original
The right to receive a second copy in the absence of the original is possible in accordance with Law No. 143-FZ dated November 15, 1997.
The procedure is the same as in the first option. The difference is that a document confirming the fact of death is excluded from the list:
- Applicant's passport;
- An extract from the home book where the deceased most recently lived;
- Any document that proves the existence of family ties with the deceased.
If there is no direct evidence to confirm the relationship, attach all connecting information. For example, the daughter of a deceased father needs to make a duplicate. The daughter changed her last name twice in connection with the registration of her marriage.
Original documents that are attached along with copies to the daughter’s passport and application in case of a change of surname:
- Daughter's birth certificate;
- Certificate of change of surname due to first marriage;
- Certificate of divorce from the first husband;
- Marriage certificate with second husband.
Warning
In the absence of documents about birth, marriage, divorce, change of name, surname, etc. – make a request to the archive department of the registry office
Procedure for receiving in person
Algorithm of actions:
- Visit the district registry office.
- Apply.
- Present documents.
- Pay the fee.
- Get a duplicate.
Statement
The application must provide the following information:
- name of the registration authority;
- information about the applicant (full name, residential address, passport details);
- the essence of the appeal “I ask you to issue a repeat certificate...”;
- place of death of an individual;
- place, date of registration of the event;
- why is a duplicate required?
- date, signature.
The form is issued by the authorized body.
Sample application for issuance of a duplicate death certificate:
Required documents
The application must be accompanied by:
- A copy of the passport of a Russian citizen.
- Papers confirming family ties with the deceased.
- Receipt for payment of state duty.
When submitting an electronic application, similar papers are attached. If a third party applies for a duplicate, then it will be necessary to justify the existence of interest. If a representative acts in the interests of the applicant, then an additional notarized power of attorney will be required.
Expenses
When issuing a document for the first time, no fee is charged. Whereas to obtain a duplicate certificate you need to pay a state fee. Its size is 350 rubles . (Article 333.26 of the Tax Code of the Russian Federation). Payment details can be obtained from the Civil Registry Office staff.
Similar rates are established when applying via the Internet. However, when paying the fee through State Services, a discount of 30% of the payment amount is provided.
Deadlines
The processing time for documents depends on the method of sending the application:
- in person – within 1 day ;
- when sent by mail – 30 days + shipping time;
- when applying through the MFC - at least 30 days ;
- when applying through the State Services portal - from 30 days , depending on the location of the department that registered the death.
Receipt times
A duplicate of the stamp document is received on the day of application if the applicant comes in person.
If a request is sent by Russian Post or via the Internet on the Unified Portal of State and Municipal Services, a duplicate is sent to the applicant’s address.
Don't forget to include a receipt for payment of the fee. The period for receiving a copy should not exceed thirty days.
A duplicate copy has the same legal force and legal basis as the original.
In the upper right corner there is a stamp “Repeated” signed by the head of the department. At the bottom, the document is sealed with the official seal.
Information!
If you have to order supporting certificates from the registry office archive (form No. 34), the state fee will be 200 rubles
What is indicated in the duplicate
A repeated death document is drawn up taking into account the requirements of Art. 68 Federal Law No. 143-FZ. The form must contain:
- Full name, date and place of birth of the deceased.
- Nationality of the deceased citizen.
- Date, time, place of death of an individual.
- Date of document preparation, registration number.
- Place of state registration of a legal fact.
- Name of the registration authority.
- Date of issue of the form.
The duplicate is in A4 format. The form contains watermarks. Entries are made by typewriting. The document is signed by an authorized person and sealed with the seal of the registration authority.
The duplicate is practically no different from the original. Only the word “repeated” is added to the form. The document has the same legal significance. Once a duplicate is issued, the original is considered invalid.
How much to wait
The waiting time depends on several factors. You collected all the documents, paid the state duty and came to the registry office with the entire package. In this case, you will have to wait no more than an hour. The paper will be issued directly on the day (or even the hour) of the application. But if you sent a letter by mail, be prepared to wait about a month. This will include standard delays at the post office, time spent searching for information about the right person, and other paperwork.
Problems will also arise if, for some reason, there is no record of the citizen’s death in the archive. It will also take about a month to search for data.
Obtaining a certificate abroad
Russian citizens living abroad on a permanent basis request duplicate certificates from the consular offices of the Russian Federation. The procedure is regulated by Order of the Ministry of Foreign Affairs No. 3507 of March 13, 2018. The recipient personally brings to the diplomatic mission an application, his national or foreign passport, and a document confirming his relationship with the deceased.
Consulates of our country abroad register acts of civil status and also store 2 copies of records in their archives. After 1.5 years, they are sent: the first - to the Central Civil Registry Office of Moscow, the second - to the Central Civil Registry Office for the Moscow Region.
You can receive a duplicate directly from a diplomatic mission abroad if a copy of the record has not yet been sent to Russia.
After this, you need to contact the Consular Service Department of the Ministry of Foreign Affairs in Moscow to restore the certificate.
Duration of registration of a duplicate
The duration of recovery directly depends on how exactly the application is submitted (remotely or in person).
If a citizen personally comes to the registry office and submits an application, the institution’s employees are required to issue a duplicate on the same day. You just have to wait until the employees carry out the appropriate procedures.
If the application is sent by registered mail, you must wait until it reaches the registry office and then returns to the institution located at the applicant’s place of residence.
In this case, the duration of receiving a duplicate will directly depend on the postal workers.
Why might you need a copy?
The death certificate has legal force. It reflects the causes of death, date of death, place and, accordingly, personal data of the deceased, including his full name (full name), place of birth and last registration.
There are a number of situations in which you may need a document confirming the death of a relative:
- Receiving benefits from social security authorities for funerals (funeral benefits);
- Registration of benefits and benefits for the loss of a breadwinner;
- Registration of payments due for the birth of a child who lived more than 10 days, including maternity capital;
- Entry into inheritance and its registration;
- Closing bank accounts or withdrawing funds from them, including manipulation of loans;
- Purchase or sale of real estate (apartment, dacha, car) that belonged to the deceased;
- Re-registration of property documents if the deceased owned a share;
- Re-registration of the payer for housing and communal services (payments for gas, electricity, water, heat);
- Extract from or registration in the living space of the deceased, etc.
An original certificate is obtained with a certificate from the morgue.
Like most documents, a death certificate can be restored. But unlike the initial free issuance, you will have to fork out more. The duplicate is equivalent to the original and differs from it only by the additional inscription “repeat/repeat”.
