How to discharge a person from an apartment after death, discharge a deceased person from a privatized and municipal apartment

• However, after all the funeral arrangements, the relatives of the deceased need to take care to discharge the person from the apartment.
• This needs to be done as early as possible so that the deceased does not have to pay utility bills, so that relatives can easily re-register the apartment.
• How to discharge a deceased person from an apartment in 2023, what documents are needed and where to apply?

Who can discharge a deceased person from an apartment?

The procedure for discharging the deceased from the apartment is usually carried out by his close relative . They can be the wife/husband of the deceased, children, parents, grandparents.

However, if the deceased had no relatives during his lifetime, then even a person who is not a relative can handle the discharge process. The main thing is that he has the original death certificate in his hands, as well as documents for the apartment.

How to discharge a deceased person from an apartment: discharge procedure

Not all people know how to sign a deceased relative out of an apartment, so we’ll take a closer look at this process. So, in order for a deceased person to be deregistered, it is necessary to go through the following steps:

Stage 1. Obtain a certificate of death of a person

Where can I get it, where can I go for help? It all depends on where the person died and under what circumstances it happened:

• in a hospital - if a person died in a medical institution;
• in the morgue - if the deceased was brought there for identification, autopsy or extradition to relatives;
• at home – if a person died of natural causes at home. Then such a certificate is issued by the emergency doctor who came to the call.

Who can request a death certificate for a person?

Such a certificate is usually received by one of the relatives of the deceased . But what to do if, for example, relatives do not know about the death of a person or the deceased has no relatives at all? In this case, the following persons have the right to request a death certificate:

• commander of a military unit - if the person died while on duty;
• a social service worker who cared for a lonely person;
• investigative officer - if a person died as a result of a crime;
• correctional officer - if the citizen died in prison.

If the relatives of the deceased living with him are incompetent persons, then social or medical workers have the right to apply for deregistration of the citizen.

Stage 2. Registration of a death certificate

Often, relatives receive a death certificate from the local registry office where the deceased lived. However, there are situations when the certificate is issued not at the place of residence, for example:

• if a person died in transport, for example, on an airplane, train, or ship, then a relative can receive a death certificate from the nearest registry office, which is located along the route;
• if a person died on an expedition, in a remote region, then a death certificate is issued at the nearest registry office.

What documents are needed to extract a deceased person from the apartment?

When going to the registry office to issue a certificate, a relative of the deceased person must take with him the following documents:

• death certificate;
• passport of the person applying;
• civil passport of the deceased person;
• a document confirming relationship with the deceased - marriage certificate, birth certificate, etc.

Without the above documents, the registry office employee will not be able to issue a certificate . Obtaining a death certificate is a free service.

When submitting documents to the registry office, the applicant must bring the passport of the deceased. This document must be handed over to the employee who is responsible for issuing the certificate. The deceased's passport is canceled and not returned to the applicant.

Stage 3. Removing the deceased from registration

On the spot, the applicant must write an application with a request to register the deceased relative, be sure to attach a copy of the death certificate to the application.

Stage 4. Contacting the Housing Office

In order for the service company (housing office or other private organization) to stop charging utilities for a citizen who is no longer alive, the relative needs to submit an application to the management company with a request to adjust the tariffs taking into account the change in family composition.

Is it possible to obtain a death certificate through the MFC?

Today, relatives of the deceased have the opportunity to obtain a death certificate not only at the registry office, but also at the MFC. Relatives are required to submit an application to the MFC for the issuance of a death certificate within 3 days from the date of death of a loved one.

In order to receive a document through the MFC, you must:

• make an appointment at the nearest MFC branch by calling the MFC hotline or by calling the desired branch;
• on the appointed day, come to the MFC with the necessary documents (passport of the applicant and the deceased, death certificate, document confirming relationship with the deceased);
• write an application for a certificate on the spot;
• receive a receipt indicating that the employee received the documents. The receipt will indicate a number by which the applicant can track the status of the application;
• come to the MFC at the appointed time and receive the document.

When applying to the MFC to obtain a death certificate, you need to expect that the document will be processed within 1-2 days.

Is it possible to discharge a deceased person from an apartment through State Services? And if so, how?

Today, any citizen who has access to the State Services website has the right to use all the functions provided on this portal, including deregistering a deceased relative.

To do this, you need to register in advance on the portal, create an account on the site, upload scanned copies of documents: passport, TIN, SNILS and some others.

To deregister a deceased person through the State Services portal, the responsible person needs to:

1. Log in to the portal www.gosuslugi.ru.
2. Select the tab “Service Catalog” – “Passports and Registrations” – “Registration” – “Deregistration”.
3. Fill out the form, decide on the place and time to receive the service.
4. Receive the certificate at the appointed time at the selected MFC branch.

When should a deceased person be discharged?

The laws of the Russian Federation do not indicate a specific period during which the deceased must be discharged from the apartment.

However, relatives should not delay with the discharge, since it is in their own interests, because if the person is not discharged, then:

• utility bills will continue to be charged to it. Then relatives will need to apply for recalculation of payments;
• relatives may have problems selling the deceased’s apartment;
• Problems may arise with a municipal apartment where the tenant was a deceased citizen. If the relatives do not come to their senses and do not submit an application to re-register the social tenancy agreement, then the municipal apartment may be completely transferred to the state. In addition, without the discharge of the deceased, his relatives will not be able to privatize municipal housing.

How to discharge a deceased person from an apartment if he is the owner?

If the deceased person owned real estate during his lifetime - he was the owner of a privatized apartment, then the process of his deregistration has its own characteristics:

• lawyers do not advise immediately discharging the deceased from the apartment, because relatives have the right to inherit only six months after the death of the apartment owner;
• in order to discharge the deceased from a privatized apartment, his relatives will need to provide not only a death certificate and certificate, but also a certificate of family composition.

The process of deregistering the owner of an apartment is no longer different from if the person was simply registered in the apartment.

After receiving the death certificate, the responsible relative will have to contact the FMS with a certificate or passport to remove the deceased relative from the register.

There, on the spot, he can write an application for recalculation of rent in connection with the death of a person who previously lived there.

How to discharge a deceased person from a non-privatized apartment?

If the deceased was the tenant, then in order for his relatives to continue living in the municipal apartment, they need to contact the local government body (municipality) to renew the social rental agreement. All relatives who live in this apartment must choose a new responsible person with whom the contract will be concluded.

On the spot, the applicant must write a statement about changing the employer. And all other family members will have to give their written consent to change the employer. Along with the application, the applicant must submit the old social lease agreement, as well as the house register.

So, the algorithm for discharging a person from a non-privatized apartment is as follows:

1. A relative of the deceased goes to the registry office and receives a death certificate for the relative based on the certificate.
2. Next, he contacts the local administration to remove the deceased person from the register.
3. Renews the social lease agreement with the local administration without including the deceased relative in it.

What needs to be done, how to discharge a person who has been declared dead in court?

If a person has gone missing, died in hostilities without his body being found, or disappeared as a result of a natural disaster or catastrophe, then in order for him to be declared dead, his relatives must file an application with the court.

The judge, taking into account the circumstances, has the power to issue the person's death certificate to the applicant.

How to discharge a deceased person from an apartment if he is not a relative of the owner of the property?

However, it will be difficult to deregister him from the apartment with the management company. And this can only be done on the basis of a court decision.

To do this, the owner of the apartment will have to file an application with the court (at the place of residence) to deregister a citizen who is not his relative.

Is it possible to discharge a deceased person from an apartment if there is no death certificate on hand?

No, without this document it will not be possible to discharge the deceased . If the death certificate has been lost, then you can simply request a duplicate document from the registry office.

If the applicant is not a relative of the deceased, then the registry office employee will not issue a certificate. In this case, you will need to go to court.

In order to discharge a deceased relative from an apartment, his relative or the person who lived with the person will need to obtain a death certificate.

1. Having received this document, as well as having collected a certain package of other documents, the responsible person must contact the Federal Migration Service to remove the deceased from the register.
2. If there is no death certificate, then the procedure for deregistration from the apartment occurs on the basis of a submitted application to the court.

How to discharge a deceased person from a privatized apartment

Reading time: 5 minutes

The death of a person is a tragic event in the life of his relatives. Being a legal fact, it entails the commission of certain actions, one of which is the discharge of the deceased from the living quarters.

Knowing the specifics of the procedure will help determine how to discharge a deceased person from an apartment, since discharge from a municipal apartment or a privatized one has its own differences.

Reasons for the discharge of the deceased

First, let's figure out why it is necessary to sign a deceased person out of an apartment, and who should do this.

First of all, it is necessary to discharge the deceased from the living quarters in order to recalculate utility bills. Another reason for deregistration is the possibility of further alienation of real estate (sale) by heirs in the event of the death of the home owner.

So, to the question of whether it is necessary to discharge a deceased person from an apartment, we answer in the affirmative.

Extract from a privatized apartment

Extract from an apartment that is owned (privatized) takes place according to standard rules. Let's take a closer look at how to discharge a deceased person from an apartment if he is the owner of the property.

To do this, a relative or citizens who lived together with the deceased contact the department of the migration service with a corresponding application and a package of documents, which will be discussed below. The procedure is free and short.

As you can see, there are no difficulties in discharging a deceased person from a privatized apartment. Let's figure out what to do if the apartment is municipal.

Extract from a municipal apartment

Municipal apartments are inhabited not by owners, but by tenants. Let's consider the procedure for discharging a deceased person from the apartment if he once entered into a social tenancy agreement.

If the deceased was the responsible tenant of the property, then in order for family members to continue living there, they need to contact the municipality to renew the social tenancy agreement.

To do this, a new responsible employer is selected, who writes an application for a change of employer to the municipality; other adult family members express written consent by signing the document personally. Along with the application, a copy of the entry in the house register and passports of everyone registered in the apartment are provided.

It is important to remember that people already registered in the apartment have the right to renew the contract. If the deceased family member was not legally the employer, then the contract does not need to be renegotiated.

Otherwise, the procedure for discharging a deceased person from municipal housing is no different from discharging him from privatized housing.

What documents need to be collected for discharge?

So, let’s list what documents you need to collect to extract the deceased from the apartment:

• death certificate;
• applicant's passport;
• documents confirming relationship with the deceased.

If the apartment is municipal, then to discharge the deceased you will additionally need:

• old social tenancy agreement (for re-registration to a new tenant);
• home Book.

Where to apply to obtain documents

Taking into account the fact that the documents necessary for the discharge of the deceased are issued by different institutions, you will have to visit them all.

Although now multifunctional centers are actively operating throughout the country, where you can issue a death certificate without directly visiting the department of the civil registry office. True, you will have to wait a little longer.

The exception is a death certificate issued by a medical institution. Let us consider in more detail the procedure for obtaining it.

Death certificate as an initial document

So, a death certificate is issued by the medical institution that established the fact of death, the inpatient institution where the person was treated, or the morgue. Which agency you contact depends on the specific circumstances of the death.

To receive a certificate you must submit:

• passports of the deceased and the applicant;
• outpatient medical record;
• medical insurance policy (if available)
• inspection report (issued by police if a person died in the apartment).

Within three days from the moment the fact of death is established, it is necessary to contact the civil registry office or MFC with a statement about the death of a person in order to obtain a death certificate.

How to obtain a death certificate

So, at the registry office or the nearest MFC we write a statement of death, present the passport of the deceased, our passport, a death certificate, as well as documents confirming the degree of relationship with the deceased. This could be a birth or marriage certificate.

In addition to relatives, the following may apply to the registry office for a death certificate:

• workers of a social or medical institution where the person died;
• UIN employee;
• commander of a military unit;
• captain of the ship;
• police officers.

The initial document is issued free of charge.

The procedure for obtaining a death certificate discussed above applies if this fact is beyond doubt. If a person does not make himself known and his whereabouts are unknown, then the relatives can go to court with a demand to recognize the person as dead.

According to general principles, a person can be declared dead no earlier than five years after the loss.

If a person disappeared under emergency circumstances, then this procedure can be initiated six months after the specified circumstances. If we are talking about a military serviceman, then you need to wait two years after the end of hostilities.

Having considered all the circumstances of the case, the court makes a decision to declare the person dead. In this case, the date of death is considered to be the date the decision enters into legal force.

When can a deceased person be discharged?

The law does not regulate the exact timing of the deceased’s discharge from housing, but this process should not be delayed. A death certificate is issued within three days from the date of establishment of the fact of death, which certifies the issuance of a death certificate.

• You can submit an application to the Department of the Ministry of Internal Affairs the very next day after receiving the certificate.
• In some cases, the heirs begin to register the deceased after they enter into the right of inheritance, that is, six months after death.
• The waiting period mainly affects only the amount of utility bills.

Utility payments after checkout

So, after completing the procedure for discharging the deceased, the issue of paying for utilities should be resolved. In some cases, relatives try to hide the fact of death from utility workers. This should not be done if you have a death certificate on hand.

Otherwise, you will not only have to pay the required amount, but also receive punishment, including criminal punishment, for fraud or concealment of the fact of death.

We deal with utility bills and rent

To recalculate utility bills and rent, you need to contact the Housing Office or Homeowners Association with a corresponding application, attaching the following documents to it:

• death certificate;
• an extract from the house register;
• copies and originals of payment receipts for the period from the date of death.

If the deceased had payment debts, then they need to be repaid. You should also know that all benefits for utility bills that were in effect during the life of a relative are no longer provided. So payment will be made at different rates.

As a rule, receipts with the recalculated payment amount arrive the next month after the application is submitted.

Which institution should I contact to discharge the deceased?

Although the discharge process itself does not seem difficult, given the emotional and psychological state of relatives, it should be explained where to discharge a person from an apartment after death.

An extract is a deregistration. Therefore, to remove a person from an apartment, you need to contact the Ministry of Internal Affairs at the place of registration. The relative, having submitted all the necessary documents, writes a corresponding application (a sample is usually provided at the service department).

In certain cases, an extract can be carried out in absentia. For example, if the heir is forced to urgently go on a business trip and the apartment needs to be sold.

Whether it is worth doing double the work or checking out the deceased relative from the apartment after arrival, the heir decides for himself.

Also, as noted above, you can deregister a person by contacting the multifunctional center. The same documents are required. The only difference is that you will have to wait a little longer than if you contacted the migration department directly.

Apartment by inheritance: Video

How is a deceased person discharged from an apartment?

• Every person is destined to experience the death of their loved ones at some point.
• After the burial, the relatives are faced with the question of bringing the documentation into compliance with current legislation.
• One of the requirements of the law is the deregistration of the deceased.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-65-46.

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Discharge of a deceased relative from an apartment is a simple procedure . Knowing the exact sequence of actions will help you avoid unnecessary trips to authorities and quickly cope with this task.

Procedure

Death certificates are issued by various organizations.

First of all, this is a morgue where an autopsy of a deceased person is performed and, based on its results, a conclusion indicating the cause of death.

from a chronic disease for a long time , and it was this that caused his death, then a doctor will issue a certificate. This will be the medical worker under whose supervision the deceased was most recently.

After receiving the certificate, make sure that it is completed without any violations . It must have a registration number and date of issue. This document must bear the signature of the person who issued it, indicating his position and surname. The signature must be sealed indicating the organization that issued the certificate.

1. If this certificate is intended to be presented in another locality, make sure that the seal is legible .
2. If the seal is poorly readable due to its unclear imprint, you may be denied further action.
3. Then you will have to return again to the authority that issued the certificate to get a clear stamp.

The next step is to visit the registry office . Its employees must present a death certificate and passport of the deceased person.

a death certificate will be issued . All you have to do is check that there are no typos .

The passport remains in the registry office - from that moment it is considered invalid and must be destroyed.

List of required documents

A big surprise for those who are trying to remove a deceased relative from an apartment is sometimes the need to confirm their relationship with him.

When you contact the registry office and the passport office, you will be asked for documents that will confirm that you are a relative of the deceased. What documents are we talking about?

Depending on who you are related to the deceased person - spouse, parents, children, grandchildren or nephews, it depends on what exactly you must present to confirm your relationship. These may be the following documents:

• for spouses - marriage certificate;
• for children - your own birth certificate (even if your deceased parent was 100 years old, and you are now 75);
• for parents - birth certificate of the deceased child;
• for grandchildren, nephews and other not very close relatives - a set of documents confirming the relationship of all generations from the deceased to the one who applied for the document.

If everything is in order with these documents, all you have to do is create a complete package of documents. It includes:

• death certificate;
• passport of the person who applied to the passport office;
• documents confirming relationship with the deceased;
• a written application for the discharge of the deceased.

On the consequences of untimely deregistration

• The law does not regulate the timing of the discharge of deceased citizens.
• However, documents must always be in order and strictly correspond to the actual state of affairs.
• In this case, you will be able to avoid complications during various transactions with real estate in which your relative previously lived.
• So, in the case of selling privately owned housing, you may have problems with the buyer.
• It is unlikely that anyone will want to purchase real estate in which someone is registered.
• If the apartment is municipal , and the social tenancy agreement was signed by a deceased person, the question arises about the need to re-register the agreement.

Until then, you will not have the opportunity to register any of your relatives in this area, privatize the apartment, etc.

A quick and trouble-free removal of the deceased from the apartment is possible only if all the necessary documents are available.

In cases of late application, loss of some documents or other legal difficulties, the discharge process may be delayed .

To reduce deadlines as much as possible and avoid unnecessary hassle, it makes sense to contact lawyers . Specialists from a reliable real estate agency can also provide assistance if you are planning a transaction on an apartment .

1. The agency will perform this work as part of the pre-sale preparation of real estate for alienation.
2. Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
3. +7 (499) 938-65-46 (Moscow)

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How to discharge a deceased person from an apartment: step-by-step instructions

After the death of a relative, citizens are faced with the need to put all documents in order. Read the article on how to discharge a deceased person from an apartment, what is the procedure for this procedure and what papers will be required in this case.

Is it necessary to discharge a deceased person from an apartment?

This must be done. There are several reasons for this:

1. Recalculation of payments for the provision of utility services.
2. Re-registration of a social tenancy agreement, if we are talking about municipal housing.
3. Registration of rights to inheritance.
4. Seamless housing transactions.

Automatic deregistration at the place of residence will not occur. It is mandatory to collect and submit documents.

There is no legislative regulation as to how long it takes for deceased persons to be discharged from their living space. However, there is an indication that all documentation must be in order and correspond to the actual data.

Where to discharge a deceased person?

The FMS authorities are responsible for removing citizens from registration at their place of residence. The appeal will be considered from relatives.

According to the law, only a close person of the deceased citizen can declare the need for discharge. Deregistration occurs on the basis of a death certificate.

If the deceased was not a close relative of the owner of the apartment, then the discharge occurs through the court.

Documents for the discharge of a person after death

To extract you will need to collect a certain package of documents:

• death certificate;
• death certificate;
• Russian passport;
• documents confirming relationship with the deceased person.

A death certificate is issued to relatives. You can get it at the morgue or at the medical institution where the deceased person was observed. This document contains information about the specific causes of death. There should be no problems with obtaining a certificate - relatives are issued it upon request.

Then, you need to contact the registry office to obtain a death certificate. This document is issued on the basis of:

• passports of the deceased citizen;
• applicant's passport;
• a document confirming the fact of relationship with the deceased;
• death certificates.

Confirmation of the fact of relationship can be:

• marriage certificate - for spouse;
• birth certificate - for parents or children;
• the above documents up to the direct family chain with the deceased person - for other relatives.

If the applicant is a relative of the deceased, but does not have documents that confirm this, the degree of relationship will have to be proven. To do this, you need to contact the registry office, where it is possible to restore the chain of relationships using the entries in the registration books.

Algorithm for discharging a deceased person

The step-by-step instructions are very simple. Discharge occurs after three stages:

1. Obtaining a death certificate from a medical institution or morgue.
2. Obtaining a death certificate from the registry office.
3. Contact the territorial office of the Federal Migration Service with an application for discharge.

After deregistration at your place of residence occurs, you must contact the management company or housing office to change the information about the payer for utilities.

This is necessary not only to prevent overpayment, but also in the case where, based on the residence of the now deceased tenant, the family was entitled to benefits. If payment for utilities at the adjusted tariff was not made in full, penalties may be charged.

How to discharge a deceased person from an apartment through State Services?

Not long ago, it became possible to submit an application for discharge remotely. This is provided for by Order of the Federal Migration Service of Russia No. 288 of September 11, 2012. However, this method of filing an application does not eliminate the need for a personal visit to the FMS. After some time, you will have to come to the department to make the necessary entries in the documents.

To submit an application from home, you must go through the registration procedure on the State Services website. You will receive a login and password to access the capabilities of the Internet portal.

On the main page of the site, in the menu on the “Electronic Services” tab, you must select the FMS section. Then, click on “Registration Account” and “Get Service”. In the form that opens, you must agree to the processing of personal data.

After this, a form will open for filling out personal information - full name, date of birth, passport details. Then, you need to enter information about the living space - the full address of the location. Following the system prompts, you will need to fill out all the required fields and answer all questions. At the end, you need to click on the “Submit Application” button.

The application will be checked in the system within three days. After this, an invitation to visit the FMS office with a date will be sent to the specified contact details. On this day you need to appear at the institutions for final paperwork.

Features of the extract depending on the situation

The type of housing and other nuances may slightly adjust the procedure for removing a deceased person from registration at the place of residence. Let's take a closer look at the features.

Municipal housing

Difficulties may arise if the deceased citizen was the main employer under a social tenancy agreement. In this case, the checkout algorithm will be changed, even though he was not the owner of the premises.

If the agreement with the municipality was concluded for a deceased citizen, this document will need to be reissued for another resident or for all of them at once (in the case when all residents have reached the age of majority). To re-register, interested parties must come to the local administration with a certain package of documents.

You will need:

• death certificate;
• existing social rental agreement;
• passport of the person for whom the contract will be renewed - if there are several such persons, then passports and personal presence of all employers are required;
• a document confirming relationship with the deceased employer;
• certificate of persons registered in the living space.

The new tenant must be registered in this housing. There is no need to re-issue a social lease agreement if it was not originally concluded for a deceased person.

Privatized apartment

Without the deceased person being discharged from the privatized living space, the heirs will not be able to take over property rights. The package of documents for obtaining a certificate of inheritance includes a certificate of persons registered in the apartment. There should not be a deceased person among them.

Often, the heirs live together with the testator. They will enter into legal rights after six months. During this period, it is necessary to discharge the deceased relative.

Extract through court

Deregistration by court decision occurs in the following cases:

1. There is no death certificate and it is not possible to obtain one.
2. A citizen cannot prove kinship with the deceased in the registry office.
3. The man went missing and was declared dead by the court.

When civil registry office employees refuse to issue a death certificate due to the impossibility of proving a relationship with the deceased, the only way out is to go to court. If a positive decision is made, the FMS will be obligated to remove the deceased person from registration at the place of residence.

Possible difficulties

Relations between relatives do not always develop in a positive way. It is not uncommon for family members to be unable to share a death certificate. Without this document, it is impossible to take any legal action regarding the deceased or his property.

The complexity is solved by ordering a duplicate of the required document. This can be done by personally contacting the registry office, by submitting an application on the State Services portal, or by visiting the territorial MFC.

The initial issue of a certificate is not subject to state duty, but you will have to pay for a duplicate. The fee is 200 rubles.

What to do after the deceased is discharged?

After deregistration of a citizen, it is necessary to contact the organization providing utility services to recalculate and re-register the personal account, if required.

Recalculation is carried out from the date of death of the relative. They cannot refuse you this. To request a recalculation, you will need the same documents as for an extract - a death certificate and a passport.

Keep in mind that if the deceased had any benefits, they will be canceled. The right to reduce mandatory payments is not inherited.

If employees of a management company or other organization refuse to make a recalculation, request that the refusal be formalized in writing. This paper will be useful when going to court.

If you have any questions, please seek legal advice. You can get free legal assistance on our website.

Now you know how to sign a deceased person out of an apartment. The article discussed typical situations and ways to solve them. If you have not found the answer to your question, write to the lawyer in the special window.

How to discharge a deceased person from an apartment

Recalculation of housing and communal services payments in the event of the death of a relative must be done and the sooner the better. 

Many people get confused at the very first steps of legal registration of death, since there are 3 different documents: 1) Medical certificate (certificate) of death; 2) Stamp death certificate and 3) Death certificate in form 11.

These documents and the sequence of steps to obtain them are described in detail in the relevant articles on our website - see the links below in the “You might be interested” section.

Let us remind you what the essence of these documents is: a medical certificate confirms the physiological death of a person and is certified by a specialized medical institution.

A certificate in form 11 is issued at the MFC (in some areas of Moscow at the registry office) along with a stamp certificate. This document is required when relatives apply for financial benefits for burial.  

Where to discharge a deceased person from an apartment?

There are 3 instances where you can discharge a deceased person from an apartment.

Discharge a deceased person from an apartment through the FMS

To discharge a deceased person from an apartment through the Federal Migration Service (as soon as the stamp of death certificate is received), you need to visit the branch of the Federal Migration Service at your place of residence (see fms.gov.ru - where to find and at what time to visit your branch). As soon as the application and accompanying documents are submitted, the registration of permanent residence of the deceased is canceled within the prescribed period.

But FMS is not always the most convenient option. The following alternatives are also acceptable:  

Discharge a deceased person from an apartment through the passport office

To discharge a deceased person from an apartment through the passport office, you need a standard package of documents and a statement that the deceased was deregistered. This method is most often used when it is necessary to recalculate the amount of payment for housing and communal services as quickly as possible after the death of the person living in the apartment.

Discharge a deceased person from an apartment through the MFC

To discharge a deceased person from an apartment through the MFC, you need to find out if there is an MFC in your city or region. These centers work with citizens in a “single window” mode; this solution is convenient for those who do not want to waste time and nerves. To discharge a deceased person from an apartment through the MFC, the documents and sequence of actions are the same as in the case of a management company.

Discharge a deceased person from an apartment through the State Services website

To check out a deceased person from an apartment through the State Services website, you will need an account confirmed by email and phone number.

To work with the site, you need to download (and wait for verification) all the applicant’s official documents: passport, military ID, SNILS and a number of others. Select the required service from the sections of the site and fill out an electronic application.

Unfortunately, recalculation of utility bills still requires contacting the accounting department of the management organization. 

There are two simple ways to check whether the deceased has been discharged from the apartment:

1. To document that the number of residents living in the apartment has decreased - to do this, you need to look at the corresponding column of the utility payment receipt

2. request a certificate of family composition - this document must list all residents of the apartment registered in it at the current time. 

Recalculation of rent and utilities when discharging the deceased from the apartment

If housing and communal services were paid from the personal account of the deceased, you must contact the management organization (in the vast majority of cases, this is a homeowners' association, an unified housing cooperative, etc.).

Along with providing the stamp certificate and the applicant’s passport, you must submit an application to change the owner of the personal account. Only then will the employees of the management company (management company) update the data and change the data on the paying person (payer). When this happens, they will recalculate from the date of death of the former owner of the personal account.  

Common Mistakes

Error 1

Attention! A common mistake is when relatives of the deceased begin to claim housing benefits that the deceased enjoyed during his lifetime. It makes no sense to waste time on this, since after the death of the person who enjoyed the benefits, these benefits are canceled and are not passed on “by inheritance” to the relatives of the deceased.

Error 2

This legal incident is often confusing: real estate is transferred by right of inheritance only after 6 months, and before that it is conditionally registered as the property of the deceased. Alas, this does not mean at all that benefits will be maintained for this period.  

Error 3

Another mistake: deliberately concealing and using the benefits of the deceased after his death. Such actions may seem beneficial only at first glance - they almost always end in litigation with utility services and a definite loss for relatives.

Conclusion: recalculation of housing and communal services payments in the event of the death of a relative must be done and the sooner the better.

What to do if an extra amount is added to the utility bills after death for the deceased? 

If (for various reasons) it was not possible to discharge the deceased from the apartment in a timely manner and an additional amount has accumulated in the bills for housing and communal services, the following documents are required for recalculation:

1. application to the Federal Migration Service (to exclude the deceased from the registration register)

2. death certificate (or court decision declaring a person dead)

3. photocopies and originals of payment receipts for the period after death

4. application for recalculation of the total amount of payments for utilities from the moment of death of the tenant.

What to do if the management company refuses to recalculate?

It happens that utility companies refuse to do a recalculation. Then it’s time for you to move on to judicial appeals! To support your position during the trial, request a written refusal (it must indicate the reasons for the refusal and the signature of an official certified by the seal of the institution).  

It is better not to delay the removal of the deceased from the apartment. What does this mean?

Despite the fact that legally there are no clear deadlines during which the deceased must be discharged from the apartment, this should not be postponed for long. In addition to red tape with rent, etc., the presence of a “ghost tenant” can lead to other complications:

Problem when registering real estate for sale

Registration of real estate for sale is fraught with significant problems. As a rule, if someone is registered in the apartment (no matter whether the person is dead or alive), this fact itself reduces the number of potentially interested clients and the likelihood of a transaction by orders of magnitude. As a result, the apartment cannot be sold until the deceased is discharged from it.

Without the discharge of the deceased, privatization of housing is impossible

In cases where the property is listed on a municipal account, and the deceased was the one whose signature is on the social tenancy agreement, it is necessary to rewrite the document as quickly as possible.

When the deceased was the tenant of an apartment owned by the municipality, an application should be submitted to re-register the corresponding contract for, as a rule, one of the immediate relatives (whose degree of relationship can be proven) registered in the apartment on a permanent basis.

If the next round of bureaucratic procedures seems too complicated, or there is no time left for it, it is better to get legal support from specialists.

For any questions, call the 24-hour multi-channel information service Ritual.ru at +7 (495) 100-3-100.

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November 22, 2017

How to discharge a deceased person from an apartment: discharge from municipal and privatized housing

The death of a person terminates his rights and obligations. Ownership of the property will pass to relatives or heirs by will. When registering an inheritance, these persons must remember that the deceased must be removed from the register . How this procedure works and what undesirable consequences it prevents will be discussed in the article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 653-60-72 (extension 784). It's fast and free!

Grounds for discharging the deceased from the apartment

The basis for deregistration is a document confirming the fact of the citizen’s death.

Depending on the circumstances of death, there are two of them:

1. Death certificate:
   • This is the main document indicating the death of a citizen.
   • Only after receiving it is it possible to perform any legal actions (registration of inheritance, extract, change of payer for utility bills).
   • It is issued by the civil registry office after submitting the appropriate application.
   • The applicants are the spouse or relatives of the deceased, so the relationship will have to be confirmed with appropriate documents.
   • It happens that loved ones are completely absent or are not nearby at a tragic moment. The right to obtain a certificate in such situations is granted to a clearly defined circle of persons:
     • the head of the medical social institution in which the deceased was located before death (nursing home, hospice);
     • the head of the criminal correctional institution, if the deceased was serving a sentence;
     • to the commander of a military unit, if death occurred during the period of service;
     • the head of the investigative authorities and the prosecutor's office;
     • Heirs under a will who are not relatives of the deceased also have the right to receive a death certificate.
2. A court decision declaring a citizen dead:
   • The need for it arises when the fact of death cannot be certified, but a person’s long absence indicates that he is no longer alive.
   • If such a situation arises, relatives, family members or other interested parties (prosecutor, heirs under a will) need to submit an application to the court to establish the fact of death.
   • At least five years must have passed since the citizen’s absence, and his presence has not been established by anyone. If a person has disappeared and the above-mentioned persons have reasoned assumptions that this happened under circumstances threatening death, a claim can be made after six months.
   • When applying, be sure to describe the reason why you want to establish the fact of death. In this case, it is necessary to deregister.
   • After examining all the circumstances, the court makes a decision, which serves as the basis for the discharge.