Why is it necessary to discharge the deceased from the apartment and how to do it?

Reasons why you need to discharge a person after death

The occurrence of death, from the legal side, entails the termination of all rights and obligations of a person, including the rights to own property. Then the right to dispose and own the property of the deceased passes to his close relatives by will or automatically.

Russian legislation does not establish an exact period when it is necessary to discharge a deceased person from his place of residence, but the discrepancy between documents and reality leads to adverse consequences:

1. When selling an apartment, it is necessary that all tenants check out of the residential property, in accordance with clause 2 of Art. 292 of the Civil Code of the Russian Federation (what are the features of the extract when selling an apartment?). When selling, it will definitely turn out that there is one more person registered in the apartment, which will delay the transaction process. There will be problems with the quick and profitable sale of real estate.
2. Utilities will calculate utility bills for one additional person. If you do not provide information about the death of one of the residents, you will have to overpay for utility bills.
3. If a deceased person enjoyed benefits during his lifetime, it is not uncommon for relatives to deliberately not remove him from the register. In this case, you should remember that all money saved illegally will have to be returned, and in some cases, a fine and penalties will have to be paid.

Is it possible to discharge a relative who has been declared dead by court from an apartment?

If a person registered in the living space has disappeared for a long time and his whereabouts are unknown, he can be declared dead by a court decision. This can be done six months after his disappearance, if the circumstances under which the person disappeared 99% indicate his death. For example, a tourist swam in the sea during a storm, was unable to swim out, but his body was never found.

If a person disappeared during hostilities, he is declared dead 2 years after the disappearance. Moreover, it does not matter whether he was a soldier or accidentally ended up at the battlefield. In all other cases, a person can be declared dead by a court only 5 years after a citizen of the Russian Federation stops communicating.

Even the confidence of family members that the missing person could not just leave somewhere, but definitely died, cannot become a basis for declaring a person dead. The court acts within the framework of the law, and the specified deadlines are regulated by current regulations. Only after receiving a court order can you go and remove a citizen from registration.

Differences in the extract if the deceased was and was not the owner of the property

1. 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.
2. 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.

What documents are needed to sign a deceased person out of an apartment?

For discharge of the deceased, incl. and the owner of the apartment, the applicant must provide the following documents:

• your passport;
• death certificate with official seal;
• papers for the apartment (you can provide not a certificate of ownership, since these papers, although not out of circulation, are no longer issued, but only an extract from the Unified State Register of Real Estate);
• application in the prescribed form;
• a certificate of family composition (it is needed when leaving a municipal apartment).

If we are talking about a municipal (i.e., non-privatized) apartment, then you should additionally write an application to re-register the social tenancy agreement in the name of the applicant. But the latter is relevant only if the applicant has the right to do so, i.e. already lived in the specified living space and has a residence permit there, he just wasn’t a responsible tenant before.

You can also bring documents confirming the applicant’s family ties with the deceased. Providing them is not mandatory, but many prefer to present a marriage certificate or adoption agreement.

Receipts for utility services indicating your personal account do not need to be provided. A person will be discharged even if he still has debt for housing and communal services. The heirs of the deceased will simply have to pay this debt. Debts do not disappear; they are automatically inherited by those who inherit any real estate, bank accounts or cars. If a person does not want to pay the debt, he can refuse the inheritance.

Procedure for de-registration

Let's look at step-by-step instructions for discharging the deceased from an apartment, what documents relatives need and which authorities to contact first.

You can find out about the general procedure for deregistering any person from the place of registration here.

Application deadlines

The deadline for applying for deregistration of a deceased person from a home is not established by law. In each individual case, the issue of discharging a deceased relative is individual.

In order not to overpay for utility bills and to avoid difficulties with selling an apartment, it is better not to delay the application.

To discharge a deceased person from an apartment through MFC branches, there is a certain deadline for applying. We will consider the discharge procedure through the MFC in more detail below.

Institutions

Deregistration of people from their place of residence, including the deceased, is carried out by authorized government bodies and institutions. Relatives can write out a deceased relative :

1. Through the local unit of the Ministry of Internal Affairs for migration issues. According to another UVM.
2. By contacting the Multifunctional Center - MFC.
3. Remotely through the State Services website.

Required documents

Depending on the authority to which relatives apply to discharge the deceased from the apartment, the following documents are required:

• Passport of the applicant and passport of the deceased relative.
• Documents confirming the death of a citizen: death certificate and death certificate. In cases where a death certificate cannot be provided for legal reasons, the interested person has the right to obtain confirmation of the citizen’s death through the court.
• A document certifying the relationship with the deceased: marriage certificate, birth certificate, adoption certificate, etc.
• Documents for the apartment: purchase and sale agreement, extract from Rosreestr, certificate of ownership, etc.

Methods for obtaining documents

The initial document that relatives need to receive is a death certificate . Obtaining this certificate depends on the place and circumstances of the person’s death:

1. A certificate is issued at a medical institution if the patient died in the hospital.
2. In the morgue, if the person’s body was taken there for identification, autopsy or extradition.
3. If a person died at home, then a certificate can be obtained at home from the ambulance crew who responded to the call and pronounced death.

A person's closest relative has the right to request a certificate of death. But there are cases when the deceased had no relatives, or his relatives do not know about his death.

In this case, other authorized persons have the right to receive a death certificate:

• if the deceased performed military duty, then the commander of the military unit has the right to receive a certificate;
• a certificate can be obtained by a social service employee if the deceased single person was cared for;
• if a person’s death occurred as a result of a crime, then an employee of the investigative authorities has the right to receive a certificate;
• If a person’s death occurred in prison, then the certificate can be obtained by employees of the correctional institution where the sentence was served.

The next document required to discharge a person from an apartment after death is a death certificate . To obtain it, relatives need to contact the registry office at their place of residence. The Civil Registry Office issues a certificate based on:

1. death certificates;
2. passports of the applicant;
3. passports of the deceased;
4. marriage certificate, birth certificate or other document certifying relationship with the deceased.

The deceased person's passport remains in the registry office . Next, the passport is destroyed.

Filling out an application

Once relatives or interested parties have the necessary documents for discharge, you can begin the procedure itself. An application for deregistration is written in the prescribed form. There are no distinctive features when filling out the application. The application is submitted to the territorial office for migration issues.

List of documents for a person’s discharge

To discharge a person from an apartment after death, you need to prepare certain documents:

• passport of the applicant;
• an application for the deceased to be discharged from his last address;
• certificate from the registry office about the death of the person being discharged;
• a court order declaring the missing person dead (if this document is available);
• a house book containing a note about the registration of the deceased;
• a certificate from an organization that maintains and services residential buildings;
• document on family ties, if the applicant is a relative of the deceased - for example, a birth certificate, an adoption agreement.

The application is drawn up in free form. It contains the following data:

• name of the institution, its address;
• Full name of the applicant, passport details and registration address;
• request to remove the deceased, indicating his full name and address in connection with the death;
• applicant's signature.

The application can be written by hand or on a PC and then printed.

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.

The legislative framework

The removal of deceased citizens of the Russian Federation from apartments and private houses is regulated by the following legal acts:

• Decree of the Government of the Russian Federation No. 713;
• Administrative regulations of the FMS according to Order of the Federal Migration Service of the Russian Federation No. 288;
• Article 32 of the Housing Law of the Russian Federation;
• Law of the Russian Federation No. 5242-1, etc.

Before deregistering a deceased person from an apartment, it is recommended that you familiarize yourself with the laws in order to do everything as correctly as possible and without wasting extra time rewriting the application or collecting additional documents.

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::

1. appear on the appointed date with the required documents;
2. submit an application for deregistration of the deceased in the prescribed form;
3. receive a receipt from an MFC employee confirming acceptance of the application;
4. 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:

1. Have a registered account on the portal. If it is not there, then registration will not take much time.
2. On the portal website, go to the section “Catalogue”, “Registration” and “Deregistration”.
3. Fill out the electronic application form.
4. Select the nearest MFC branch to confirm your statement.

Where can you sign a deceased person out of an apartment?

You can remove a deceased person from the registration register:

• at the territorial office of the multifunctional center (MFC);
• at the passport office (you need to contact the passport office, which is assigned the address of the deceased’s last registration);
• to the FMS;
• through the government services website.

The government services website is available around the clock, so many people choose the remote method. Moreover, even a person declared dead by court can be discharged from an apartment through government services, i.e. virtually missing. To complete the operation, you need to have an account confirmed by mobile number and email. Also, to confirm your account, you will have to upload copies of your passport, SNILS, military ID and other important documents to the site. Verifying the papers and identifying the user takes a certain amount of time, so the discharge of the deceased through the government services website is justified only if the applicant already has a confirmed account. If the account is not identified, it is better to use other methods.

If there is a choice, then it is better to choose the latter organization from the FMS, passport office and MFC. Multifunctional centers are open late and do not have lunch breaks. To discharge a deceased person from the apartment from the MFC, you need to make an appointment in advance, arrive at the appointed time with a package of documents and submit an application for discharge. You can come without an appointment, but in this case you will have to sit in line. Today there are multifunctional centers in all cities of Russia. Their addresses are publicly available on the Internet.

Extracting through the passport office also has its advantages. The opening hours of this organization (as well as the time of reception of citizens) are not always convenient, but deregistration is the fastest here. If you discharge the deceased, for example, in September, then in October the utilities will be recalculated.

Contacting a utility service

In order not to pay an extra tariff for utility bills, you must contact your local utility service with an application for tariff recalculation. To do this you need:

1. draw up an application for recalculation using the management company’s form;
2. provide your passport, confirmation of an extract from the place of residence of the deceased received at the passport office and the death certificate of the deceased.

The utility service is obliged to recalculate from the date of death of the citizen.

If you doubt the tariff recalculation, you can check the number registered in the apartment in the next payment. If there is one less person in it, then the procedure was successful.

The procedure for obtaining services at the MFC and the necessary documents

Multifunctional centers were created both to simplify various bureaucratic procedures for citizens and to relieve the burden on government agencies. All information in the databases of the MFC and the migration authorities of the Ministry of Internal Affairs is stored identically, so there will be no delays or inaccuracies.

Checking out of an apartment through the MFC is very convenient, because... Documents are received in one window, which significantly speeds up the process. Submitting and checking documents takes no more than 15 minutes.

To get an extract, you can come to the “My Documents” multifunctional center in person, carry out the procedure through a proxy, or simultaneously with registration at a new place of residence (only if the old and new housing are located in the same city or MFC service area). Employees of the organization will accept the prepared documents and application and begin processing.

Before visiting the MFC, find out what documents you will need. In some cases, additional paperwork is required.

As a standard, to make an extract you need to provide:

• statement;
• passport.

If a person, along with an extract, wants to register in a new place and is not the owner of the property or a tenant there, then it is necessary to provide the consent of the owners of the property at the place of future registration.

The application is reviewed within three days.

If you simultaneously register at a new address, then the old registration entry does not have to be removed. If the old and new housing are located in the same service area of ​​the “My Documents” center, this will be done automatically during the registration of new registration at the place of residence.

In order to be deregistered simultaneously with registration in a new place, you must provide:

• passport;
• 2 applications – on registration and deregistration;
• document on the ownership of the housing, where he is going to register if the applicant is the owner;
• consent of the owner of the apartment, if the applicant is not the owner.

According to the above scheme, it is impossible to check out of the apartment through the MFC “to nowhere”. To check out of the apartment without further registration, you will have to appear before the authorities personally or to a trusted person.

Reasons for refusal

Government authorities will refuse to allow citizens to register a deceased relative if they do not prove their relationship with the deceased . If it is not possible to provide the required documents, then the relatives will have to prove their relationship in court. Based on a court decision, relatives can re-apply to institutions.

If the deceased made a will during his lifetime, in which he indicated another person, not a relative, as the heir, then the heir may have problems with the registration of the deceased. Relatives, as a rule, are not interested in providing the heir with a certificate.

The Migration Department may independently request confirmation of the death of citizens through the registry office if a death certificate is not provided.

Difficulties that may arise

Discharging a deceased person is not always easy. Let us give an example when difficulties arose that had to be resolved only through the courts.

The citizen is registered in the apartment, but there has been no information about him for several years. There is a need to sell this property, but no one must be registered in it to complete the transaction. It is impossible to discharge a missing relative without his consent; all that remains is to go to court to declare him dead.

According to Art. 42 of the Civil Code of the Russian Federation, in case of absence from the place of residence for a year, the court can recognize the person as missing. After five years of absence of information about a citizen, relatives can apply to the court to declare him dead. Only on the basis of a court decision is a person deregistered from the apartment.

FacebookVKontakte

What happens if a person is not discharged after death?

The legislation of the Russian Federation does not establish any time limits for the discharge of the deceased . This means that the state cannot impose a fine for failure to register. However, the relatives of the deceased may not specifically write it out if the deceased enjoyed benefits during his lifetime. In this case, the state has the right to impose a fine and demand reimbursement of the amount saved on taxes and utility bills.

Removing a deceased person from registration is a common legal procedure that must be performed after the death of a citizen. As a rule, the deceased’s relatives are responsible for extracting the deceased from his place of residence. The legislation is not burdened with time limits for citizens to request deregistration of a deceased person. Delaying the deregistration procedure threatens to overpay utility bills and legal difficulties with real estate transactions.

Is it necessary to deregister those who died in the apartments?

Today a new type of apartment is popular in Russia – apartments. Functionally, these properties are traditional apartments. They have kitchens, rooms, bathrooms and even balconies. However, legally, apartments are non-residential premises. They are converted from office buildings and hotels or built where a residential building cannot officially stand (for example, in a nature reserve).

Registration in the apartment is not possible. A person can only temporarily register in a property for a maximum period of 5 years. Often an apartment is a citizen’s only home, and in fact he has no other registration. If such a person dies, his temporary registration will not be cancelled. To de-register an apartment, relatives of the deceased must also bring identification documents and write statements.

Results of service provision

De-registration is absolutely free and is not subject to fees. The result of this service can be both positive and negative. In a positive case, the person is discharged from his previous place of residence and a stamp is placed in his passport with a note indicating that the citizen has been deregistered.

To avoid fines, do not forget about the obligation to register at your new place of residence after discharge within 7 days. You can also find out how to register for an apartment or house through the MFC on our website.

In the negative case, the citizen receives a refusal. A refusal can be obtained, for example, if a person wanted to check out with the help of a trusted person, but did not provide his identity document.

In case of refusal, the issue can be resolved through the court. To go to court, you need to file a claim with the Magistrates' Court. It is not necessary to personally visit the court office; you can send all documents via mail or courier. If it is not possible to come to court, then you can add a petition to the documents sent to consider the case without the plaintiff. Refusals in court are extremely rare.

Recalculation of housing and communal services

In order not to give money for the service of resource-supplying organizations that were accrued from the moment of the person’s death, you should visit the housing office.

You must take with you:

• death certificate;
• an official document from a medical institution or morgue with the doctor’s signature and seal.

The certificate contains information about the date of death. These are sufficient grounds to recalculate.

The institution will need to draw up an application requesting conversion. The operation must be completed within five business days from the date of submitting the papers and generating the application.

Afterword

The death of a loved one is a sad event, but despite the grief, one should not forget about the correctness of the procedures. This is necessary to avoid further problems and to discharge the deceased person from a private house or apartment according to the rules.

Sources

• https://estatelegal.ru/oformlenie/propiska/kak-vypisat-umershego-cheloveka/
• https://provashiprava.ru/kvartira/vypiska/nuzhno-li-vypisyvat-umershego.html
• https://kvartirniy-expert.ru/vladenie-i-polzovanie/propiska-i-vypiska/umershego/
• https://fms21.ru/vipiska/kak-vypisat-umershego-iz-kvartiry.html
• https://MoiPrava.pro/zhilyo/pravo/kak-vypisat-umershego
• https://MFC-Gosuslugi.ru/propiska-i-vypiska/vypiska-iz-kvartiry