A death certificate is a necessary document to confirm that a person has died. It is usually kept by relatives. However, sometimes this important paper gets lost. Then the question becomes relevant: how to restore the death certificate of a deceased relative.
To answer frequently asked questions regarding this topic, we will consider the main ways, where and how to obtain a duplicate of a relative’s death certificate, and also indicate the timing of receipt and the main reasons why issuance may be refused.
Death certificate
After registering the death at the Civil Registry Office, the applicant receives a death certificate. Moreover, it does not matter whether the citizen is a relative of the deceased.
A stamped death certificate from the civil registry office is required for the burial of the deceased. Therefore, it is issued to any applicant on the basis of a medical death certificate.
However, other citizens may also need this document:
- heirs (for registration of inheritance);
- the owner of the property where the deceased was registered (for deregistration);
- to third parties (to terminate the rights and obligations of the deceased).
The document may also be damaged or lost. If it is impossible to obtain the original, then you must obtain a duplicate.
The procedure for obtaining a repeated certificate is established by Art. 9 Federal Law of 1997 No. 143.
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.
Who can get a certificate?
The law limits the list of citizens who have the right to receive a second document.
In accordance with Art. 9 Federal Law No. 143 of 1997, the right to receive a certificate is given to relatives of the deceased and other interested parties. In practice the situation is more complicated. A specialist from the Civil Registry Office will require proof that this document is necessary for the applicant.
Father
The following will be able to obtain a certificate of death of a father:
- his official parents;
- brothers and sisters;
- his official spouse;
- his children for whom paternity has been established;
- third parties who prove that they need the document.
Grandmothers
You can receive a grandmother's death certificate:
- her kids;
- brothers and sisters;
- her grandchildren (in case of death of children).
Relative
The presence of a family connection with the deceased must be proven. Based on the documents presented, it is necessary to trace the family connection from the deceased to the applicant.
For example, if it is necessary to obtain information about the death of a grandfather, then his children are given the right. In the event of the death of his children, his grandchildren can apply for a duplicate.
Entry into inheritance after the death of a brother by will and by law
Does an ex-wife have the right to inherit after the death of her ex-husband?
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.
Copy or duplicate of death certificate?
The question often arises: if there is no original, can you use a copy or duplicate? It is necessary to separate these documents.
- A simple copy is legally a piece of paper that contains information but is not legally binding.
- A notarized copy is a document certified by a notary. It has some of the properties of the original. However, not all government agencies will accept a notarized copy in place of the original.
- A duplicate is an official document drawn up on a strict reporting form. Externally it is completely identical to the original. The exception is the inscription: “Repeated” in the corner of the form. It is given the full power of the original.
We return to the registry office
The first question that arises in such situations is where to get a copy of the death certificate of a relative. The answer is obvious - go to the same place where you received the original - to the registry office. If it was not you who received the previous document, and this happened more than a dozen years ago, a problem may arise - which registry office should you contact?
There may be dozens, or even hundreds, of them in the city. First of all, thoroughly check all your home archives - maybe a photocopy of the certificate was lost among the heap of papers, or even the original is gathering dust somewhere in a distant drawer.
Found a copy - not bad. Study it carefully - there is a note there which authority issued it and when. Find the address of that registry office and go there.
Suppose a copy could not be found. Stretch your memory: try to reconstruct the events of the life of the deceased. Where has he lived in recent years? Where was he registered? Go there - to the local registry office.
If a relative lived in another city, you will have to go there. There are alternative options - you can write a notarized power of attorney for a friend who is going there on business and ask him to get the paper for you.
Another option is to send an application to another city by registered mail to the address of the registry office. And a couple of more modern options - through the State Services portal or multifunctional centers of your city.
Methods for restoring a certificate
In 2021, the applicant can use the following methods:
- through the registry office;
- through the MFC;
- through State Services;
- by mail.
Through the registry office
You can submit an application directly to the civil registry office only to the department that issued the original. When contacting the required department, the document is issued on the day of application.
The applicant also has the right to contact any other department, but he must inform the specialist which department registered the death. In such a situation, a formal request will be issued. The delivery time depends on the duration of the shipment.
Through MFC
You can submit an application through the MFC if the civil registry office that registered the death is located in the same region. The document issuance period is 1 month.
Through State Services
The applicant has the right to apply for a duplicate in electronic form. To do this, you must have an authorized personal account on the State Services portal.
Reference! The portal only allows you to order a service. The document is submitted for issue to the civil registry office of the applicant's choice.
You can pay the fee for the service directly on the portal. The required documents must be scanned and attached to the electronic application.
The application is signed with a simple electronic signature.
The applicant must receive notification of the forwarding of the duplicate (the norm is valid until 01/01/2021, after which it will be cancelled).
By mail
When sending an application by post, you must prepare and attach an inventory of the attachment. It must list all the documents that are enclosed in the envelope.
Reference! The receipt for payment of the state fee is attached in the original. Copies of documents must be notarized.
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.
Procedure for restoring a death certificate
The procedure for obtaining a duplicate includes the following steps:
- Contacting the authorized body.
- Payment of state duty.
- Submission of documents and applications.
- Obtaining a duplicate.
The processing time directly depends on the chosen method of application.
Documents for obtaining a duplicate
The list of documents for obtaining a repeated certificate is established by Order of the Ministry of Justice of the Russian Federation of 2021 No. 194:
- the applicant's civil passport;
- certificate confirming the change of the applicant’s name;
- documents confirming changes in the deceased’s data;
- information that confirms family ties with the deceased;
- a document confirming the applicant’s interest;
- data on the availability of powers to represent the interests of a minor interested person;
- information about the availability of powers on behalf of an incapacitated citizen;
- notarized power of attorney (if the action is carried out on behalf of an adult capable interested party).
As documents that can confirm interest, a citizen must present:
- birth certificate (original or notarized copy);
- marriage certificate (original or notarized copy);
- will (original or duplicate);
- certificate of opening of an inheritance case (from a notary);
- a certificate from the passport office that the deceased lived in the applicant’s home.
Sample application for renewal of certificate
The application form for obtaining a second death certificate is established by Order of the Ministry of Justice of the Russian Federation dated October 1, 2018 No. 201.
To receive a duplicate, a citizen will have to fill out form No. 30.
It includes the following information:
- method of submitting documents;
- information about the civil registry office to which the application was sent;
- applicant's details (full name, address, passport details);
- name of the authority that issued the document;
- request for the issuance of a repeated certificate (death certificate);
- details of the deceased (full name, date of death, place of death);
- place of registration of death;
- the authority that registered the death;
- date of state registration;
- civil status act number;
- the registry office department where you plan to pick up the finished duplicate;
- date and signature.
Sample application for restoration of a death certificate:
State duty amount
The amount of the state duty for a repeated death certificate is established by Art. 333.26 Tax Code of the Russian Federation. In 2021 it is 350 rubles.
Additional costs are possible only when sending a postal item. You will have to pay for shipping and notarization of documents.
Reference! Collection of other payments when registering a duplicate through the Civil Registry Office, MFC, or State Services is illegal.
Grounds for refusal to issue a duplicate copy
A refusal to issue a duplicate death certificate can be considered justified only if the following reasons exist:
- the absence of any information about the citizen in the registry office where, according to your information, the initial registration of the fact of death took place;
- the applicant did not confirm the legitimacy of his interest in obtaining a duplicate of such an important document;
- the applicant did not submit documents included in the mandatory list.
The refusal is issued in writing and handed to the applicant personally against signature (or sent by mail if he did not appear). After reading the reasons for the refusal, you can try to apply again, eliminating the comments that are set out in the document.
Example : a wife was denied a second death certificate for her husband due to lack of confirmation of the marital relationship. If the applicant applies again with a similar application and does not forget to attach a copy of the marriage certificate, then they will no longer be able to refuse to issue her a duplicate. In this case, the state fee will need to be paid again.
If you consider the refusal to issue you a copy of the death registration as unfounded, you can apply to the court to recognize the actions of the registry office employees as illegal with a request to oblige them to issue a copy of the original.
Where can I get a death certificate and why is it needed?
So, the first document that is issued to relatives after the death of a citizen is a death certificate.
Subsequently, it is the basis for issuing a death certificate. Without it you can't get the last one. It is issued by a medical institution and records the date, time and cause of death. Naturally, like any document, there is a form on which you fill out. In accordance with the law, the certificate must be in Form 33.
Medical workers must certify the death, after which the body of the deceased is taken to the morgue, where the cause of death is determined. A certificate and medical report are issued within 24 hours.
Is it possible to get a duplicate certificate at the morgue?
The certificate is issued at the morgue free of charge, but if you apply for a second certificate, a fee will be charged. The state duty is 200 rubles.
The morgue also has the right to issue a repeat paper based on the data that is in their archive.
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.
Required documents
To obtain a duplicate of a death certificate, you need to provide the following documents to the registry office:
- A copy of the applicant's passport.
- A copy of documents that confirm the relationship.
- Receipt for payment of state duty - original.
If the restoration will be carried out by a trusted person, then you need the original power of attorney and passport.
Who can request a duplicate?
The document that is issued in place of the lost one is a duplicate, and there is a mark on it. The original certificate and its duplicate are equal in legal force.
A third party will not be able to request such a document again. A repeated death certificate can only be issued by:
- Close relatives, if they provide documents confirming family ties with the deceased.
- Distant relatives, if close relatives are absent or they are incapacitated due to age, physical or mental condition. So you will need to provide a supporting document.
- Trustees, if they have a power of attorney from relatives, documents that confirm the family relationship between the deceased and the trustees. The authorized representative must have a passport with him.
- Other interested parties may be a prosecutor, an investigator, a lawyer who represents the interests of a relative of the deceased, or an heir under a will.
Please note that if a third party applies for a duplicate death certificate, then you need to document why he needs this document. Otherwise, the issuance of the document will be refused, but such a refusal can be challenged in court.
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.