Sometimes you have to think about how a citizen is declared dead. This question has a lot of different nuances. And before you get down to business, you need to know about the consequences of recognition. Sometimes people do not think about this issue, but simply rush to recognize a person as dead. This is wrong, because there are many situations in life. Occasionally, a person who is missing or is presumed dead “rises”. You also have to prepare yourself for this. So, what order and legal consequences of declaring a citizen dead exist in our country?
What is it
To begin with, let’s analyze what is at stake? After all, declaring a citizen dead is not such an easy process to understand. Why? The thing is that such a person is able to "rise". After all, the fact of death is not recognized. So what kind of process is this?
Declaring a citizen dead is the recognition by the legal authorities of the presumption of the death of a person. Notice, not a fact, but a presumption. The basic rule here is the absence of the body of the deceased. That is, if it disappeared or did not appear at all, you can recognize a citizen as dead. True, it’s worth trying. After all, the consequences of declaring a citizen dead are quite serious. About them a little later. For now, it’s worthwhile to find out about the deadlines according to which citizens have the opportunity to begin this process.
When can you recognize
The procedure for declaring a citizen dead is not too complicated. But it has many nuances and features. For example, you can’t start work on this process until a certain “missing” deadline. Please note: you can recognize a person as dead without prior confirmation that he was once missing. So, in what cases should actions be started regarding our current issue?
Firstly, if previously a person was declared missing, then you have to wait 5 years. Only then citizens (close relatives) have the right to appeal to the appropriate authorities.
Secondly when people disappear in conditions that threaten life and health (with the danger that suggests death), it is enough to wait only six months. And after that, a citizen may already be declared dead. True, everything is rather confusing here. After all, you have to prove that circumstances really carry a danger.
Thirdly, a person can disappear in the course of hostilities. In this situation, “news” is given 2 years. Otherwise, we can legally begin our today's process. As you can see, there are no particular difficulties. Anyway, bye. In addition, if there is no news about a person in his place of residence for 5 years, you can begin the process of declaring him dead. And now a little about the consequences of this process. They are not very many.
Dependents
Declaring a citizen dead and its legal consequences have a number of features. It is worth noting immediately: some consequences in the case of "resurrection" can simply be eliminated. But more on that later. First you need to find out what will happen after a person is recognized dead.
Firstly, this issue is primarily related to dependents. Those who are dependent on the missing person acquire special rights. For example, retirement benefit. Thus, the state supports its citizens. And it pleases. This item is not the only one.
Inheritance
In addition, if you are interested in the reasons and consequences of declaring a citizen dead, you should pay attention to such a factor as inheritance. The thing is that with real death, heirs appear. And with such an ambiguous decision?
Everything here is similar to the real death of a citizen. That is, if a person is recognized dead, children and close relatives have the right to inherit property. That is why many people are becoming interested in the reasons for starting the process. After all, inheritance is always good, and I want to get it as soon as possible.
Marriage and more
Declaring a citizen dead also cancels a marriage with a person. The same goes for other personal relationships. Property or not - it does not matter. The main thing is that from the moment a person is recognized as dead from the legal point of view, the same consequences occur as in real life.
But rejoice or upset is not worth it. After all, the grounds for declaring a citizen dead are pretty weighty. And the consequences of this action - too. As already mentioned, sometimes it turns out that a person miraculously "resurrects". And then what? How will the heirs, dependents, former spouses have to behave? This moment often makes you think.
Resurrection
According to Russian law, if a person was declared dead by mistake or the deceased is declared, he has the right to restore all his property. Simply put, you need to return everything, as it was before his "death".
However, some restrictions are imposed only on marriage. The fact is that if the spouse has already entered into a new relationship established by law, the old marriage certificate is not restored. Otherwise, a citizen who has returned to life will fully find his family in full.
What to do with the inheritance? Everything is very serious here. After all, the "risen" has the right to demand back that which once belonged to him. If some property has been sold, you can return it back. But only when the buyer was aware that the true owner was declared dead. Otherwise, you will have to deal with the heirs. They must recover the cost of “damage”. That's how complicated and complicated it is.
Appeal to the authorities
The legal procedure for declaring a citizen dead is quite simple. To complete this operation, you will have to apply to the judicial authorities with an appropriate statement. Practice shows that in some cases you can do without such actions. But such situations are rare. Without trial, it is usually possible to recognize a person as dead in the event of a catastrophe or natural disaster. And massive.
Declaring a person dead must take place in court. And documents can be submitted by any close relative, preferably not interested in the loss of one or another citizen. You will have to show evidence of kinship with the "deceased", as well as documents and grounds that may suggest the death of a person. Do not forget that an application for trial indicating the reasons for recognizing a citizen as dead is another mandatory point. Groundless treatment will not bring any result.
And then what?
Suppose that the court passed and the citizen was declared dead. What's next? After all, we have no actual confirmation yet. Now it remains to do a few simple steps (compared with litigation). For example, get a death certificate of a citizen.
To do this, you will have to take documents confirming your kinship with the person. Do not forget to bring your passport and marriage / divorce certificate, if any. After you have to write an application to the registry office to issue a certificate of death. And, of course, you need to attach a court decision with a conclusion to the entire list of papers. Remember to pay the state fee for issuing a death certificate.Today without her you will not be accepted at all. Now you can just wait a while (about a month), and then appear in the registry office at the place of registration of the person (or yours, depending on where you turned) to issue a certificate.
What else? As soon as you have this document, you should think about all the other points. This may include inheritance, as well as registration of pensions for the loss of the breadwinner. In principle, this is not so important for our process today. The main thing is, before you begin actions on registration of a pension and inheritance, make sure that the deceased does not appear "today-tomorrow" on the threshold. It is better in this case to wait a while and not sell real estate, as well as the property of the past heir. After all, if he "rises", he will have to return everything. Yes, such cases do not always happen, but they do occur. Therefore, reinsurance once again does not hurt.
Summary
Now we understand what are the grounds for declaring a citizen dead. In addition, it is no secret now what consequences will be after the completion of this process. And what to do if a citizen is "resurrected", also from now on you know. 
As you can see, this system has nothing special if we approach the solution of the question posed before us. Do not rush to declare a relative dead without good reason. Otherwise, you may encounter a wonderful "resurrection" and a lot of inconvenience. When the "deceased" has no close relatives, distant ones are able to engage in recognition. In general, no one had a face? In this situation, loved ones (any) may try to recognize the person as dead. But, as practice shows, it is better not to do so.
