Why get a certificate about a person’s last place of registration after his death?
After the death of a relative, his close people must complete documentation in order to be able to dispose of his property. The law sets a deadline for completing these actions - 6 months. During this period, you must submit all papers for the purpose of inheritance. Among other documents, they provide a certificate of the deceased’s last place of registration. The main purpose of obtaining it is to comply with the procedure established by law, while relatives have the opportunity to open an inheritance case. In addition, such paper allows you to find out or confirm information:
- the last registered address of the deceased or his place of residence for a long period;
- a list of persons who lived in the same territory with the deceased until the death of the latter.
As a result, relatives have the opportunity to designate the circle of persons who have the right to receive their share of the inheritance.
When issuing a certificate that confirms the place of registration of the deceased, the following information is provided:
- information about the deceased owner of the property;
- information about people who lived with him in the same territory until the moment of death, indicate his full name, family relationship or confirm other relationships;
- information about the employee who issued the document (full name, position, date).
Features of the procedure
In addition to the management of migration issues, a separate division of the Ministry of Internal Affairs of the Russian Federation, other authorized bodies also deal with the removal of deceased people from registration. The withdrawal procedure through the MFC and the State Services service is simple.
Through MFC
To deregister through the MFC, you need to go to the nearest branch and get to an employee on a first-come, first-served basis. To save time, you can make an appointment by calling a direct number or calling the hotline.
The withdrawal procedure through the MFC is as follows::
- appear on the appointed date with the required documents;
- submit an application for deregistration of the deceased in the prescribed form;
- receive a receipt from an MFC employee confirming acceptance of the application;
- receive confirmation of withdrawal.
Through State Services
The State Services service allows citizens to use all services of government bodies electronically. Deregistration of a deceased relative is also included in the list of government service options.
For discharge it is necessary:
- Have a registered account on the portal. If it is not there, then registration will not take much time.
- On the portal website, go to the section “Catalogue”, “Registration” and “Deregistration”.
- Fill out the electronic application form.
- Select the nearest MFC branch to confirm your statement.
Who can apply to?
First, immediate relatives can count on the right to inherit:
- husband or wife;
- children;
- parents, grandparents of the deceased;
- brothers/sisters.
If there are none (the deceased grew up an orphan or all his relatives died before him), other relatives may come to receive an inheritance certificate about the registration of the deceased. But different situations happen. Sometimes it is necessary to give the right to represent the interests of relatives to a complete stranger. For this purpose, a power of attorney is issued by the notary. The law defines the procedure for entering into inheritance in other circumstances.
We are talking about the possibility of obtaining the right to inherit property by a stranger if the deceased has no other relatives.
To provide a certificate of the place of registration of the deceased, a person needs to confirm that relatives have not lived with him for a long time and also do not maintain contact. Then all rights can go to those who contact the appropriate institution:
- a social worker who visited the deceased;
- for military personnel: commander of the military unit where the deceased served;
- a law enforcement officer, but this possibility exists if the person died a violent death;
- an employee of the institution where the deceased was serving his sentence.
The notary who was chosen to handle the inheritance case can also receive a document confirming the registration of the deceased.
Whether a person died, whether he left a will or not, no one knows. What to do?
Of course, you can try to look for the will at his home - there should be a second copy somewhere. However, a simpler and clearer way is to contact a notary. To do this, you need to have a passport, a death certificate (or an extract from the registry office) and a document confirming your relationship with the testator. “Only a relative of the deceased can submit a request to a notary about the existence of a will.
Each notary has access to the Unified Information System, which contains information about all wills in Russia. So, to search for a will, you can contact any notary, but it is better to the one who serves the last place of residence of the testator.
Where and for what period do you receive a certificate?
When such a need arises, you need to submit a statement that relatives or other responsible persons intend to obtain a registration certificate:
- MFC;
- FMS, but on the condition that information about the owner of a private house is required;
- Homeowners' associations, as well as management companies, determine which organization should issue a certificate on an individual basis, much depends on who services the apartment building;
- governing bodies operating in small settlements;
- an extended version will be issued when you contact the archive; such a paper will contain more information about the persons registered at the specified address;
- Public services: application can be submitted by telephone, email, website, or in person.
A certificate confirming the registration of the deceased takes 1 day to prepare, but the deadlines need to be clarified in each of the above cases. Sometimes this takes up to 10 days. However, the deadline for registering an application is always 1 business day. It should be taken into account that during your stay in such an organization there may be a queue to fill out an application. Documents received to open a property inheritance case are prepared within six months from the date of death of the owner. The validity of the document indicating the place of registration is 30 days.
Cost, terms, results
Filing an application to deregister a citizen due to death is free. The state does not provide a state fee for this procedure. The deregistration of the deceased will be carried out by the authorities in 3 working days .
Extract from housing may be required in many cases: selling real estate, moving, etc. Find out whether a person has the right to be discharged somewhere and what to do if there is no place where they can register.
What documentation needs to be collected
What you need to take with you when you plan to receive a certificate containing information about the person’s place of registration after death:
- applicant's passport;
- a document that will confirm the relationship with the deceased;
- death certificate of the property owner;
- a document that defines the applicant's powers.
A certificate confirming the opening of an inheritance case may also be required. If the interests of relatives are represented by an outsider, you will need his passport and a notarized power of attorney.
If a certificate of registration of the deceased is needed by people who are not relatives of the deceased, then along with the other documents another piece of paper is also submitted - a notarial request.
Differences in the extract if the deceased was and was not the owner of the property
- If the deceased was the owner of the apartment , then after his death the question of inheritance arises. In this case, there is no need to rush to remove the deceased from the apartment, since the new owner can register the right to the property only after six months. As the new owner, he will be able to deregister the deceased.
- If the deceased was not the owner, then the deregistration procedure is simple. The homeowner has the right to register and discharge other citizens into his apartment at any time, including in the event of death.
Reasons for refusing to receive a document
They do not always give a positive answer when applying for help. The authorities responsible for this function refuse the applicant in several cases:
- the rules for submitting an application have been violated, which means the absence of some documents and their non-compliance with established legislation;
- if the documents were submitted in violation of the regulations, the applicant undertakes to bring them no later than 15 days from the date of application, otherwise the application will be refused again.
In some cases, the applicant is denied a certificate without reason, in violation of current legislation. Such cases occur if the deceased had a debt for utility services provided. In this case, the issue must be resolved through the court. Moreover, the plaintiff will win the case, since refusal to issue a certificate of registration of the deceased is possible only in two cases (when all the necessary documents are not provided or they do not comply with current legislation).
What kind of document is this and why is it needed?
A certificate of residence is required to confirm the residence of a specific person at the specified address. Most often, this is necessary when applying for benefits, pensions, and applying for social benefits (help for families with children, targeted benefits of various types).
A certificate of registration at the place of residence (Form 9) is required to obtain services at a specific medical institution, to be assigned to a clinic, or to a antenatal clinic at the place of stay. It may be needed for a lawsuit - during the trial of a case, it may be necessary to verify the address of one of the parties to the process.
Question answer
How long is the validity period of the certificate?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, specialization “Inheritance Law”
A document containing information about the residence of the deceased can be ready in 1-10 days, which depends on the workload of the organization to which the applicant applied. However, after receiving it, you need to quickly open an inheritance case in order to meet the deadline for filing such an application. In addition, the validity period of the registration certificate of the deceased does not exceed 30 days. This means that it is better to apply for it last, when all other papers necessary to open an inheritance case are already ready. Then you will not have to re-take a certificate confirming your place of registration.
Death certificate, sample
What to do if you need to find out the time of death?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, specialization “Inheritance Law”
To begin processing papers for inheritance, you need to obtain a death certificate of the deceased. First, a medical certificate is issued; for this you need to contact the morgue where the autopsy of the deceased was performed. Then this document is transferred to the nearest registry office, where you can obtain a stamp death certificate. You need to go with it to a notary. The certificate will also be needed to obtain paper confirming the deceased’s last registration. But it usually does not indicate the time of death. If it is necessary to obtain such information, a forensic medical examination is carried out for this purpose. But the time of death usually does not play a role in opening a probate case.
Can I appeal if I don’t agree with the data?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, specialization “Inheritance Law”
Sometimes employees of an organization responsible for providing public services violate instructions. In this case, the applicant has the right to file a complaint against a specific employee or the entire management body if management does not help resolve the issue. At the same time, they stipulate cases when an applicant can file a complaint: if the deadlines for registering a package of documents are violated, consideration of the application is greatly delayed, employees demand documents that are not in the list established by law. In addition, in the event of an unlawful refusal to issue a certificate, the issue can be resolved through other authorities.
Where can I read the law that describes the appeal procedure?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, specialization “Inheritance Law”
The main one is Federal Law No. 210. The complaint is submitted in the prescribed form. Help can be obtained by sending it to the governing body where the violations occurred, or to higher authorities. Up to 15 days are allowed to prepare a response. If the complaint was filed not against the organization, but against the quality of the document received (it contains errors, the deadline for issuing the certificate was violated), 5 days are given from the date of registration of the application for its consideration.
How can a notary obtain a certificate of registration of a person after his death?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, specialization “Inheritance Law”
To enter into an inheritance, among other documents, the notary must submit a certificate of the last registration of the deceased. It can be obtained from one of the bodies: MFC, FMS, HOA or UK, State Services, executive committee (in small localities), archive (for a document with expanded content). It is necessary to present the applicant’s passport, at the same time - a death certificate of the person, and draw up an application. If necessary, the relationship with the deceased is confirmed.
How many copies are handed out?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, specialization “Inheritance Law”
To receive an inheritance, you need to determine who can claim the property. To do this, determine the number of relatives and close people living with the deceased until the death of the latter. This information is contained in the registration document of the deceased. It is received based on the submitted application and package of documents. After 1-10 days you can receive an answer, most often it is positive. The required paper is issued in 1 copy. The original is provided to the notary; a copy is not required. Other organizations will not require such a document either. But if necessary, you can always create a request again.
Can a certificate be issued if the deceased is not a relative?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, specialization “Inheritance Law”
When a person has no relatives or, for various reasons, has not had contact with loved ones or lived with them for a long period, a stranger handles the documentation of his death. This could be a social service employee, a military serviceman (commander of the unit where the deceased served), or another individual or legal entity who confirmed their active participation in the life of the deceased before his death. In addition, if relatives do not have the opportunity to deal with paperwork, powers are transferred to a third party, for which a power of attorney is drawn up, it must be notarized.
How is online registration carried out?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, specialization “Inheritance Law”
You can send a request via email, for this you need to find out where to send the documents (digital version). In addition, it is possible to submit an application through the State Services website. It offers the opportunity to submit documents contactlessly – the organization accepts them digitally. You just need to get scanned copies of the originals.
Certificate of the last place of registration of the deceased through State Services, how to obtain?
Expert opinion
Yesentsev Vladimir Nikolaevich
Lawyer, specialization “Inheritance Law”
When it is not possible to personally contact the governing body to complete the necessary paperwork (registration of the deceased), it is suggested to use the online service. The State Services website allows you to solve various issues regarding state and municipal services. The algorithm of actions that allows you to submit an application and send documentation for the issuance of the required paper:
- you need to register on the State Services website, for this you enter personal data;
- authorization is performed using your login and password;
- search for a suitable section, in it you need to select the required service;
- fill out the electronic application form;
- Scanned copies of documents are uploaded.
Electronic request for a certificate
At the moment, it is possible to electronically submit an application for a certificate from the last place of residence of the deceased through the State Services portal. You can apply in person, by phone, via email or on the website.
State Services website
In order to receive a document through the government services portal, you need to follow the following algorithm:
- Registration on the State Services website.
- Authorization using your username and password.
- Selecting the appropriate service.
- Filling out the form.
- Uploading scanned documents.
Lawyer's recommendations
Andrey Gibert
Legal consultant of the first category
Before applying for the required paper, you can contact the governing body to clarify what documentation is being prepared. This will save time in case of a negative response after reviewing the application. If it was approved and a certificate was issued, it is important to immediately check the data. If there are errors, you can file a complaint, it will be reviewed within 15 days, depending on the reason. As a result, the applicant will receive a new document, executed correctly. But when filing a complaint, you need to take into account the time limits for entering into an inheritance, since sometimes a long wait when preparing all the necessary documents leads to the fact that the heirs cannot obtain legal ownership of the property.
Documents for inheriting a car
A car is movable property. But with movable property the situation is like this: when a person dies, his documents become invalid. It is no longer possible to travel with a vehicle registration certificate from a deceased owner and a power of attorney from him. You will need to bring to the notary:
- Vehicle passport.
- Vehicle registration certificate.
- If there is a document on the basis of which the testator owned the car - for example, a purchase and sale agreement or a gift agreement.
- Vehicle market valuation report.
The report must be ordered from the appraiser. Such a report should be made by an organization that has specialists with certain qualifications. Such an organization must also be a member of a self-regulatory organization (SRO). Therefore, it is better to immediately check with the company whether it has all the necessary documents.
The heir has the right to independently choose an appraisal company or a specialist with a qualification certificate.
When the notary gives you a certificate of inheritance, go with him to any traffic police department and re-register the car in your name. The state fee for changes in PTS is 350 RUR, for a paper certificate you will have to pay 500 RUR, for a plastic one – 1500 RUR. New license plates will cost 2000 RUR. If you submit documents electronically through the government services website, you can pay less - the state gives a 30% discount for electronic submission of an application and non-cash payment.