Why and how to properly discharge a deceased person from an apartment
Content
The death of a loved one is always a sad event that entails the need to go through some legal formalities. The sooner you tackle them, the fewer problems there will be in the future. Is it necessary to discharge a deceased person from a house or apartment?
Of course, this must be done for the following reasons:
- to renew a social rental agreement if the property is municipal property;
- to avoid paying utility bills for the deceased;
- so that relatives can enter into inheritance, i.e. Only if the deceased is discharged can ownership rights pass to them.
It is necessary to sign the deceased person out of the apartment if you plan to sell the property. If it is spelled out in it, then buyers, to put it mildly, will be confused about this. The deal may be in jeopardy, so you should immediately deal with the discharge of the deceased citizen.
Discharge procedure
The law obliges relatives to discharge the deceased person from residential property. There are deadlines for this. The heirs are also interested in this.
It is important to promptly notify the property management company of the death of a co-owner, since it will continue to charge utilities for the person who is no longer alive.
Privatized apartment
If his heirs continue to live in the home after the death of the owner, after six months they will be its full owners.
In this case, the extract must be made not only in order to reduce utility costs, but also for the reason that in order to enter into an inheritance, the notary must submit a document indicating who is registered in the inherited property.
In this case, the deceased should not be present among the registered residents. Our company’s lawyers do not recommend deregistering the owner from a privatized apartment immediately after the fact of death, if he is the sole owner and lived without relatives.
You should wait for 6 months until the heirs begin to formalize the inheritance. This will avoid problems with utility organizations. You can find out more from our lawyers .
Municipal apartment
If the property is municipally owned, the people living in it are not listed as owners. They are employers. In the case where the rental agreement was concluded by the deceased, it must be re-registered in the name of the person living in the apartment.
The property will not be taken away only if the heirs manage to prove the right of residence, have registration in the property and are relatives of the deceased.
Having collected a package of documents, you can discharge the deceased. You need to contact the city or district administration - where the rental agreement was concluded, which needs to be re-registered in the name of the heirs. The following documentation is required:
- existing contract;
- death certificate;
- a document confirming relationship with the deceased;
- passport of the employer who wishes to sign the agreement in his name;
- a certificate listing all the people registered in the apartment.
If the social rental agreement was concluded for other family members registered in the housing, then its re-conclusion is not required.
Documents for discharge
If the owner of a (privatized) apartment needs to discharge a deceased person as quickly as possible, he will need the documents that were issued to him at the registry office.
Where to register? To complete the procedure, you must go to your place of residence to the Federal Migration Service and submit an application requesting to deregister the place of residence of the deceased. This organization provides papers showing that the person who applied was related to him.
When deregistering, it is important to have a death certificate. If it is lost, a copy is issued at the registry office, but you need to pay a state fee of 200 rubles for it.
A copy will be issued on the day of application. If its extradition is refused, the applicant can go to court. You will also need a court decision when the FMS refuses to discharge the deceased.
Registration documents must contain the signatures of responsible persons and a clear seal (not blurry, clearly readable). This point is worth checking immediately when receiving the papers.
The procedure is not difficult. As a rule, difficulties arise when collecting a package of documents. And to prevent them from appearing, you should know some nuances about obtaining certificates and certificates.
Death certificate
Issued to relatives by ambulance, hospital or morgue. As a rule, it is given by the last resort after an autopsy of the deceased and the real cause of death has been identified. A certificate can also be issued by the attending physician who has seen a patient with a chronic form of the disease.
In addition to close people, the document can be issued to:
- the commander of the military unit where the deceased served;
- law enforcement officers if there is criminality in a death case;
- social service workers;
- representatives of the penitentiary institution, if the deceased was serving a sentence.
The paper is provided upon request, so there are no problems with it.
Certificate
A death certificate can be obtained from the registry office. It is available to persons to whom a certificate can be issued. According to the law, the period for this case is limited to three days after the certificate is issued.
The document terminates all legal and civil rights of the deceased tenant and is issued on the day of application.
The service provides:
- passport of the deceased;
- recipient's passport;
- certificate of death;
- paper confirming relationship with the deceased.
The certificate will not be issued to a person even if he is a relative but cannot prove the relationship. For this purpose, the registry office consistently restores the chain of family ties. It is important to note that such government services cost money and take a lot of time.
The court's decision
In some cases, a court decision cannot be avoided. Sometimes property owners go missing for long periods of time. If more than five years have passed since the person disappeared and has not reported himself, relatives can file an application with the court to recognize the missing person as deceased.
The court carefully examines the features and circumstances of the case, and then makes a decision. It will be the basis for obtaining a death certificate, replacing the corresponding certificate.
Fines
Since the deregistration procedure is not burdened by legislation with certain deadlines, there are also no fines - and this is a big plus. It happens that relatives sometimes do not discharge deceased people due to the availability of benefits during their lifetime.
It is important to take into account here that all funds saved in this way will sooner or later have to be returned to the state. This will have to be done after everything is clarified. New homeowners will be subject to payment penalties and fines due to the debt that appears suddenly.
Discharging a deceased person is a procedure that will not cause difficulties. It’s best to complete it on time so that you don’t have problems with rent debts later.
The discharge process is carried out as quickly as possible and does not present any difficulties, but it is best not to delay it. Otherwise, legal troubles may arise, which can only be resolved through financial injections.
How can a lawyer help?
If a person has died, loved ones often have the question of how to get him out of the apartment? What will you need for this? What documents should you collect? And in general they ask, should the deceased be discharged?
A huge number of nuances causes difficulties for many people who do not have knowledge from the legal field or are dealing with the discharge of a deceased person for the first time.
Qualified lawyers will provide assistance at any difficult moment in life. They will advise you on deregistration and deregistration and tell you what documentation is needed.
Any difficulties? Contact our lawyers for advice and clarification of all unclear points - seek advice.
You can rest assured that it is possible to discharge a deceased person from the apartment under any circumstances. The main thing is to solve this issue based on the laws. And our lawyers can do it! They will approach your case as carefully and responsibly as possible, taking into account all its features. The checkout will be carried out as soon as possible.
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