Recognition of a citizen as a deceased person: procedure

Recognizing a person as a deceased is a process without which, in some cases, one can not continue a normal life. Every citizen should know how to conduct this procedure. After all, no one knows how life will turn. It is likely that some close relative will have to be deemed dead. And if you do not know how to implement the idea, serious problems can arise. And not only in relation to the task, but also on property and inheritance disputes. So how to recognize a person dead? What kind of procedure is this? What consequences come after its implementation? All this will be discussed later.

Two terms - two concepts

The first step is to understand the true meaning of the procedure. In Russia, there are two options for action related to the topic being studied - the recognition of a citizen as missing and the announcement is deceased. What do these terms mean?

In the first case, it makes sense to say that the location of the person is not known. That is, about its loss. But with all this, it is not worth assuming death. Theoretically, a citizen can be alive.

But the announcement to the deceased is the actual recognition of the death of a person without finding his body. For example, after some kind of natural disaster. In this case, there will be serious consequences that are of legal significance for the relatives. But how and under what conditions is the recognition of a citizen deceased? What is required for this?

Terms of absence

For starters, it's important to know how much time a person should know about nothing. Otherwise, it can not be deemed dead or missing. What does the RF legislation say about this issue?

The thing is that the missing person is recognized as the one who has not heard anything about half a year. But the status of deceased people can be obtained with:

• Lack of information about the current place of residence of a citizen for 5 years;
• Missing without conditions under which hypothetically death occurs with a condition of absence from 6 months;
• The missing military man, provided there is no news of a person for at least 2 years from the end of hostilities;
• In practice, there is recognition of the deceased after 3 years of age as a missing person.

Accordingly, the difference should already be understood. What other information should people pay attention to before they recognize someone dead? What should everyone know?

Effects

The consequences of recognizing a citizen as a deceased person - this is what plays a very important role. After all, as already said, this procedure from a legal point of view entails special special, meaningful changes. Which ones?

The thing is that after the person is deemed dead, in fact, his death is recognized. That is, all the rights of a citizen are terminated. Potential heirs have the right to inherit, marriage with spouse / spouse is automatically terminated. In this case, relatives will be issued a certificate on the death of a person.

The legal consequences of recognizing a citizen as a deceased person should also be understood. A man who supposedly died, loses all his civil rights. They are eliminated. And there are consequences that the relatives encounter in the actual death of a person. But if the suddenly recognized dead is revealed and proves that he is exactly he, then all civil rights will be returned to him in full.

On the procedure for recognizing

And what is the procedure for recognizing a citizen as a deceased person? In fact, there is nothing difficult in this procedure, but only with the preliminary preparation. How to act if someone is not heard for a long time?

You can follow the following principles:

1. Collect evidence that may indicate a potential death of a citizen. Suitable for any paper and evidence.
2. Write a statement of the established pattern for the recognition of a person deceased. We will have to wait until the dates indicated above. Before that, you can start collecting documents and evidence. But there is no sense in writing the statement.
3. Submit evidence of suing the court. It is required to apply to the district court.
4. Wait for the court decision. After that, you can go to the registry office and get a certificate of the death of a citizen.

Accordingly, this is all the action that will have to be taken. It is noted that in some cases it is better to recognize a citizen missing. But this is not a mandatory item. The deceased can be recognized without this step. In fact, with proper preparation, the procedure will not be a hassle.

Statement

What is the statement about the recognition of a citizen as a deceased person? The sample will be presented later. It is worth paying attention to the fact that the applicant must be guided by the rules of writing any claim in order to correctly express the desire to recognize a person as dead. It is absolutely necessary to state the conditions that may serve as the basis for the satisfaction of the claim.

The bulk of the application might look something like this:

I, Ivanova Marina Dmitrievna, (passport data + date of birth), I hereby ask you to acknowledge Ivan Ivanov's deceased as dead. We lived together with him at the address (address of residence).

On the night of December 30 to December 31, 2014 my husband went to his parents in the village of Kulikovo. At 04:15 they phoned me and told me that my husband's car was involved in the accident. But his body was not found. Since then and to this day nothing is known about him.

All evidence is attached to this suit. Namely: (enumeration of documents).

Documentation

What a statement might look like, it's understandable. And what documents can be useful in order for the recognition of a citizen to be deceased was successful. The thing is that the papers can be different. But there is a generally accepted list that will allow you to quickly collect missing documents.

Regardless of the situation, a citizen should bring:

• Statement of claim;
• identification;
• Receipt of payment of state duty;
• Marriage certificate;
• Certificate of birth of a common child (if any);
• Documents confirming kinship with the deceased (any, if the plaintiff is a relative);
• Evidence of being in dangerous conditions (for example, newspaper clippings and so on).

It is with evidence that it is hardest. After all, as practice shows, there can be a lot of them. You can provide video and audio recordings, news, clippings from newspapers and so on. Only if there is sufficient information indicating the possibility of death, a citizen is deemed dead.

After the trial

Accordingly, after filing a statement of claim in the court will have to wait for some time. Usually the decision to appoint a meeting for the consideration of the case shall be made within 5 days. After the plaintiff is invited to participate. The material presented for review is being studied. At the end, the judiciary decides whether to satisfy the claim or on its rejection.

If the application for the recognition of a citizen to the deceased was granted, the claimant receives a certificate from the court with a court decision. It will come in handy later. What do you have to do now?

As already mentioned, apply to the registry office. It is desirable at the place of residence of the deceased. With you, you have to bring some documents and apply for a death certificate. A few days later, you can pick up the finished document.

Documents for the registry office

Now it is clear how the recognition of a citizen is deceased. What documents do I need to bring to the registry office in order to obtain a death certificate? The person brings with him:

• Documents proving the relationship (if any);
• Judicial decision;
• identification;
• Passport of the deceased (if any).

You do not need to pay a state fee. All previously listed securities are accompanied by a statement of the established model for the issuance of a death certificate. You do not need to fill it in advance. All will do directly in the registry office. Now it is clear how the recognition of a citizen is deceased in Russia.