If a citizen dies, relatives can receive an inheritance. To do this, you will need to contact a notary. However, the case will be opened only if there is documentary evidence of the death. Therefore, first of all, you need to figure out how to obtain a death certificate. The name is a legally significant document confirming the death of a person. The paperwork procedure is enshrined in law. However, during its implementation you may encounter a number of nuances. We will talk further about the rules for drawing up a document, obtaining a duplicate, making adjustments and other nuances.
How did the death certificate appear?
Initially, in Russia they filled out the so-called metric book. It was put into circulation based on the order of Peter I in 1722. Information about deceased people was entered here. If an extract was required, the person had to prepare an application and contact the authorized body. The adjustments took place on December 18, 1917. At this moment, the decree on the introduction of books of deeds came into legal force. It said that now information about births, marriages and deaths should be recorded by the management committee. In 1969, further changes occurred. During this period, unified forms were approved, which began to be used to enter data on the death of a citizen.
Death certificate form
Current situation
In 2021, the process of confirming the fact of death and obtaining the corresponding certificate is regulated by a whole list of legislative provisions. Moreover, the main points are reflected in the law of November 15, 1997. There are no new changes in 2021. The issuance of certificates and registration of the fact of death occurs according to the previous rules.
Please note: When figuring out where a death certificate is issued, a person will find out that the registry office department is responsible for providing documents. Moreover, you need to contact the organization at the place of last registration of the deceased citizen.
We allow a number of exceptions. It is possible to obtain a certificate at the location of the organization that provided the primary death document. In practice, a person may die abroad. In this situation, the order of actions changes. It is necessary to familiarize yourself with all the nuances in advance.
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For a document to be considered valid, it must contain the following information:
- Full name of the deceased citizen;
- date and place of birth;
- citizenship – information must be documented;
- date and place of death;
- date of issue of documents to the applicant.
The document is provided on official A4 format. Watermarks are applied to it. The information is recorded by typewriting. Since 2014, modified forms have been used. They additionally contain a subsection “nationality”.
The deadline for submitting documents is also strictly defined. It is one day. In addition to filling out an application, a citizen can request a death certificate. It is drawn up according to form No. 33. Documents are required to obtain a funeral loan.
There are two types of certificates – medical and stamp. Keep in mind that these are two completely different documents.
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Contents of the document
The certificate is printed on special paper with Goznak watermarks in A4 format. This document contains the following information:
- last name, first name and patronymic of the person, which he used during his lifetime (information is written out from the passport regardless of stage names and name from birth, this rule also applies to married women who changed their maiden name);
- information about the date and place of birth (indicated even if such a country or city no longer exists, i.e. the name of the locality does not change in accordance with modern designations);
- citizenship (the exception is people who do not have citizenship);
- information about the place and date of death (the exact place where he died is indicated, and not where he is buried);
- information about the cause of death (a certificate indicating the cause of death is issued at the morgue or hospital);
- code for recording the death certificate of the civil status act (registry office);
- date of document execution.
In Russia, this certificate is given only to citizens of the Russian Federation,
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.
History of origin
For many years in Russia, the role of the fundamental genealogical document was played by the metric book, which was put into circulation according to the order of Peter I of 1722. One of the sections of this book was called “About the Dead,” and it was here that information about the deceased was recorded, and upon the application of citizens, an extract from the registry book was offered.
On December 18, 1917, the decree “On the introduction of state registers” received its legal force, according to which data on birth, marriage and death were to be collected by the new management committee. This was a serious step forward. In 1969, unified forms were adopted for entering data on a person’s death.
The situation these days
From the legal side, the issue of state confirmation of the fact of death and the provision of the corresponding certificate is regulated by a number of legislative decrees . The key points are spelled out in the law of November 15, 1997 in articles 64-68.
In the current year 2021, no key changes have occurred and the issuance of certificates, as well as the registration of mortality, is carried out according to standard rules.
Where can I get a death certificate? The issuance of this document is carried out by the registry office departments where the person was recently registered. It is also possible to issue a certificate of death at the address of the organization that issued the primary document on the occurrence of death. In addition, we cannot exclude the possibility of death abroad, as well as other cases that we will consider in the article.
The following will be entered directly on the death certificate:
- Full name of the deceased person.
- Birth information - place and date.
- Citizenship confirmed by certain documents.
- Place and specific date of death.
- Mark of the civil registration authority.
- The year/month/day is indicated when the document was handed over to the applicant.
The document is issued on official A4 format letterhead with watermarks. Records are made by typewriting. Since 2014, modified forms of death certificates have been introduced into circulation, which additionally indicate the sub-item “nationality”.
The standard time for obtaining a death certificate from existing bodies and functioning civil registration departments is about 1 day. In addition to the certificate itself, the applicant can also request a certificate of death in form No. 33 . This document may be required to further obtain a funeral loan.
It is important to take into account the fact that death certificates come in two official forms: medical and stamp. They should not be confused, because each of the documents has its own purpose.
Medical death certificate
The document itself is a medical confirmation of death on an official form. The document is issued in form N106/y-08. The certificate is provided for the official registration of the fact of death and for maintaining standard statistical records . Please note that if you do not have a medical certificate confirming the death of a person, you will be refused to release the body of the deceased from the morgue department.
The document is allowed to be issued personally to close relatives of the deceased, family members or a guardian. A certificate is issued in the department or institution where his death was confirmed: hospital, morgue, dispensary, clinic. And most importantly, you can receive a final certificate only upon submission of the following documents:
- Passport of the deceased and the applicant.
- Outpatient medical card and insurance policy, if available.
We have told you how to obtain a death certificate for a relative of a medical type, but when you pick up the document, do not forget to carefully check it for typos and factual errors. Check the correctness of the specified dates of death and the day the certificate was issued. Check whether the data typed on the document corresponds to the passport details .
On the back of the document, the round seal of the treatment center must be affixed, the position and surname of the doctor must be indicated, and his signature must be affixed.
The death certificate may have an additional o or "preliminary". In the second case, it is meant that additional medical tests must be performed to determine the cause of death. In the next 45 days, a new document will be provided with the entry “instead of the preliminary one.” If such a certificate is issued, it additionally contains the dates and numbers of previous medical certificates.
At the time of receipt of the certificate, the applicant leaves his signature on the spine of the document. For 1 year, the spines are stored at the address where the document was issued, and then they are disposed of.
Stamp certificate of death
Most often, it is the stamp of death certificate that acts as the main document when resolving legal issues regarding inheritance . Therefore, it is especially important for relatives to receive this document in due time. Who issues a death certificate?
The document is issued to citizens in the same place where they receive a similar child’s birth certificate - at the registry office . But first, you need to clarify the address of the civil registry office in the MFC, where the deceased person was officially registered.
The applicant must have a written application , but an oral application may be suitable. In some cases, the corresponding document can be obtained not only at the place of registration - this issue is described in more detail in Art. 65 Federal Law. Please note that the applicant is allowed to obtain a state death certificate only when he has collected a package of the following documents:
- A correctly completed application.
- A document confirming the death of a person.
- Passport of the applicant and the deceased.
A death certificate is issued and transferred to the requesting person on the day of his application. In this case, there is no state duty for document preparation. That is, you will not be required to pay any other additional costs for obtaining an official form.
In those individual cases when the deceased was officially registered in the registry office of another city, it is necessary to contact exactly that address. However, if you do not have the opportunity to travel now, then you can open a notarized power of attorney for acquaintances, friends or relatives who live in that city. However, such a practice is extremely rare in reality.
A medical certificate of perinatal death is issued on the basis of a corresponding document, which is filled out in accordance with special recommendations. This request option does not provide parents with a birth certificate. At the request of parents, a document confirming the moment of birth and subsequent registration of the dead child can be provided.
The official registration of death and birth of a child who died during the first 7 days of life is regulated on the basis of documentation regarding the order of birth and perinatal death. A birth certificate is not issued. You can only obtain a death certificate.
Stamp death certificate
If you want to obtain a death certificate for a relative, keep in mind that there is a stamp document. It is used to resolve basic legal issues regarding inheritance. Therefore, it is necessary to complete the paper within the established time frame.
Please note: The document is provided in the same place where the child’s birth certificate is issued - at the registry office. However, initially you will need to clarify the address of the organization to which the deceased is officially assigned. You can find out information by contacting the MFC.
Usually you need to make a written application. In some situations, oral appeals are acceptable. In some cases, it is permissible to receive documentation not only at the place of registration. To issue a death certificate, you will need to prepare a package of documentation.
The list must include:
- completed application;
- death document;
- passports of the applicant and the deceased.
The death document is drawn up and issued to the applicant on the day of application. At the same time, there is no need to provide a state duty to obtain it. If a person is officially registered in the registry office of another city, it will be possible to obtain the document at that address.
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There is no point in delaying taking action. If it is not possible to go and get the paper yourself, it is recommended to prepare a notarized power of attorney and contact relatives or friends living in this city. This practice is observed extremely rarely, but it does occur. A medical certificate of perinatal death is provided on the basis of an appropriate document completed in compliance with established requirements. If such a request is made, parents are not required to provide a birth certificate. However, if necessary, you can issue a document confirming the fact of birth and subsequent registration of the dead child.
Please note: If a person passes away within the first 7 days of their life, the death is registered based on documents relating to order of birth and perinatal death. A document confirming the fact of birth is not issued. Parents will only be able to obtain a death certificate for the baby.
Registration of the fact of death
By law, a person's death must be reported within three days of the discovery of the body. There are no serious sanctions for exceeding the deadlines, but it is better not to delay in certifying the death, because Without this evidence, the body cannot be buried.
Death registration is regulated by Article No. 64 of the Federal Law “On Acts of Civil Status”. When receiving a certificate, you must present a medical certificate of death or a court decision on the fact of death. The latter is issued by the court if a person disappeared more than 5 years ago, and since that moment there has been no information about him. Sometimes in court they allow this period to be reduced to 6 months.
The following persons can apply for a death certificate:
- family members of the deceased (if they saw the death of a person or know about it from third parties);
- the head of the prison, if the person served time in prison and died there;
- leadership of the investigative or inquiry body in the case of an investigation into the death of a citizen (relevant for criminal deaths) or in cases where it is impossible to establish the identity of the deceased;
- a medical or social institution, if a person died at the address of this organization and he does not have relatives who can complete all the documents;
- the commander of a military unit, if a military man has died, etc.
But these persons are not the only ones who can obtain a death certificate from the registry office. Much depends on the circumstances of the death and the relevance of certain legal acts.
The document is issued strictly on a written basis. The information contained in it is not confidential, but only relatives or friends of the deceased have the right to disclose it. When issuing a document, the registry office indicates the details of the person to whom it is issued.
Is it possible to issue a duplicate?
If a death document is lost for any reason, there is a need to obtain a duplicate. A similar situation appears quite often in practice. In this case, the applicant is obliged to prepare an application and visit the authorized body to obtain a duplicate. A sample application can be obtained from the Civil Registry Office. You will need to contact the organization where the person previously received the original certificate.
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When filling out the application, the citizen is obliged to indicate passport details and clarify the family relationship with the deceased. It is additionally important to state the reason why the person wants to receive a copy of the original. You must have a passport with you, as well as a document confirming your relationship with the deceased. Additionally, a copy of the death certificate that was lost is required. However, the document is provided only if it is available. Additionally, it is recommended to find out in advance how much such a service costs. The citizen will have to pay a fee. It is 200 rubles. Moreover, the funds are deposited initially. Only after you provide a receipt for the amount paid will the registry office employee agree to consider the application. Registration of a duplicate takes 30 working days. The corresponding rule is enshrined in Article 333.26 of the Tax Code of the Russian Federation. In practice, the applicant may not have time to visit the registry office independently. In this case, the application must be sent by registered mail. A receipt confirming payment of the state duty must be included in the envelope.
Please note: A duplicate death certificate has exactly the same legal force as the original. But in addition to the death certificate, the registry office provides an archival certificate at the request of the applicant. It's also not free. You will need to provide 100 rubles.
If you need to correct the information
In practice, citizens do not immediately notice that the death certificate contains erroneous or incomplete data. In this situation, you can adjust the document. To perform the action, you must contact the registry office where the original certificate was provided.
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The department is located at the place of registration. You will need to complete an application. It is filled out in accordance with the established template. The paper must include personal data and information about the previously received death certificate. Additionally, you must provide the original document that needs to be corrected. Additionally, papers are provided on the basis of which changes are made to the document. The application is reviewed within 30 days. If the registry office is very busy, the period can be extended to 2 calendar months. Please note that requirements are not always met. If you believe that a decision was made incorrectly, you can appeal it. To do this you will need to go to court. Please note that the service of making adjustments is also paid. You will need to provide 400 rubles.
If you need to obtain a death certificate outside the Russian Federation
In practice, a citizen may die while traveling abroad or permanently residing there. This does not eliminate the need to obtain a death certificate. The question requires taking into account additional nuances. You will be able to obtain the document in the state where the person died. The list of required papers may vary depending on state requirements. Once on the territory of Russia, you must affix an apostille to the document. Only after this the death certificate will acquire legal force. Most likely, you will need to have a notarized translation of the certificate. The service is also paid. Its cost must be clarified individually. It varies depending on the region in which the notary was contacted. In general, prices are approximately the same.
Receipt outside Russia
The person died while staying outside of Russia, and you are now required to obtain the appropriate death certificate. What is required of you? This is a fairly important question that Russians periodically face.
The death certificate is obtained by the applicant in the country where the person died. You must independently clarify the procedure for obtaining a document and the list of required documents.
Subsequently, directly in Russia, affix an apostille to the death certificate so that the document receives its legal force. Most likely, a notarized translation of the document will be required. The cost of these services must be determined individually.
