Losing a loved one is one of life’s most traumatic experiences. The crisis that accompanies this situation not only evokes deep grief but also involves the necessity of undertaking many formal actions. Although the time of mourning is difficult, there is a list of steps that need to be taken to handle essential administrative matters. Here is a comprehensive guide to help you navigate these challenging moments.
1. Medical Certificate of Death
The first step after the death of a loved one is to obtain a medical certificate of death, which is issued by a doctor. In the event of death in a hospital, the medical certificate of death will be issued by the attending ward doctor. If death occurred at home, it will be necessary to call a family doctor (during clinic hours) or emergency services (after hours). The medical certificate of death is free of charge and serves as the basis for issuing the official death certificate at the Civil Registry Office (USC).
Tips:
- Contact a doctor to obtain the medical certificate of death.
- Make sure the document is photocopied for safekeeping, as it will be needed for further formalities.
2. Official Death Certificate
Once you have the medical certificate of death, the next step is to report the death to the Civil Registry Office (Urząd Stanu Cywilnego) to obtain the official death certificate. The report must be made within three days (24 hours in the case of infectious diseases). For the report, you will need the medical certificate of death and the deceased’s identity document.
Tips:
- If the death occurred in a hospital, the facility may submit the report on your behalf.
- If you wish, you can ask the funeral home for assistance with the formalities related to obtaining the official death certificate.
- Ensure that you check the data on both the medical and official death certificates to ensure accuracy.
3. Funeral and Funeral Benefit
A funeral is a necessity, but it involves many formalities. A funeral home usually takes over the organization of the entire process, including transporting the body to the morgue, organizing the ceremony, and choosing a coffin. If the funeral home does not handle the formalities related to the funeral benefit, you must go to ZUS/KRUS with the documents.
Tips:
- It is advisable to prepare all documents (e.g., medical certificate of death, the deceased’s identity document, certificate of employment, pension or retirement payment slip), as they will be needed to apply for the funeral benefit.
- A funeral benefit of 4000 PLN can be received within 12 months of the death.
4. Survivor’s Pension
If the deceased worked for at least 5 years within the last 10 years, their loved ones may apply for a survivor’s pension. Forms ZUS Rp-2 and ZUS Rp-2a must be filled out and submitted to the appropriate ZUS branch.
Tips:
- The pension is granted to children, spouses, and parents.
- The pension amounts to a percentage of the benefit that the deceased was entitled to. It is dependent on the number of eligible individuals.
5. Death Gratuity
If the deceased loved one was employed, their family may receive a death gratuity. The amount of the gratuity depends on the deceased’s length of service (one, three, or six months’ salary). The employer is obliged to pay the gratuity to the family depending on the number of eligible individuals.
Tips:
- The death gratuity is due to the closest family members, e.g., spouse, children, parents.
- If the deceased had life insurance, it should be checked whether the received benefit is not lower than the death gratuity, as in that case, the employer must cover the difference.
6. Bereavement Leave
An employee is entitled to bereavement leave for the time spent on formalities related to the funeral, which is not counted as annual leave.
- Duration of leave:
- 2 days – in the event of the death of a spouse, child, parent, stepfather, stepmother
- 1 day – in the event of the death of a sibling, grandmother, grandfather, or another person who was dependent on us or under our direct care
Legal basis: § 15 of the Regulation of the Minister of Labour and Social Policy of May 15, 1996, on the manner of justifying absence from work and granting employees leave from work.
7. Acceptance or Renunciation of Inheritance
- Inheritance is acquired by the heirs at the moment of the person’s death. After the funeral, inheritance proceedings should be conducted before a court or a notary.
- An heir may accept the inheritance with the benefit of inventory (liability for inheritance debts only up to the value of the inheritance) or renounce it entirely.
- Important deadlines: 6 months from learning about the right to inheritance to submit a declaration of acceptance or renunciation of the inheritance.
Legal basis: Articles 1012 et seq. of the Act of April 23, 1964, Civil Code.
8. Land and Mortgage Registers
After acquiring the inheritance, heirs are obliged to disclose their rights to real estate in the land and mortgage registers. This requires submitting a certificate of inheritance or a court decision.
Cost: 150 PLN for each land and mortgage register.
Legal basis: Articles 22 et seq. of the Act of July 6, 1982, on land and mortgage registers and mortgage.
9. Bank
To complete formalities related to closing a bank account, blocking a card, or terminating an agreement, an official death certificate will be needed. To unblock funds, a certificate of inheritance or a court decision on the acquisition of inheritance is required.
- The bank is obliged to pay out an amount to cover funeral costs to the person who presents the relevant invoices.
Legal basis: Articles 55 et seq. of the Act of August 27, 1997, Banking Law.
10. Contracts
All contracts that the deceased person had must be adapted to the new conditions:
- Contracts with mobile network operators, utility providers, and landline phone providers require the submission of an official death certificate.
- If you wish to extend them, they should be transferred to the heirs.
Good practice: Ask companies and institutions to record the official death certificate in their documentation.
11. Business
If the deceased ran a business or owned a company, the heirs must arrange for its closure or transformation.
- Sole proprietorship – termination by the Tax Office by operation of law.
- Companies – transfer of shares or dissolution of the company depending on the agreement between partners.
Legal basis: Act on Freedom of Economic Activity, Civil Code, Commercial Companies Code.
12. Insurance
In the event of the death of an insured person (e.g., group insurance at work, life insurance), a claim should be made for the payment of benefits. In the case of an accident, it is advisable to claim compensation and reimbursement of funeral costs from the perpetrator’s insurer.
Important deadlines: claims become time-barred after 3 years from the death of the insured person.
Legal basis: Article 55 of the Act of May 22, 2003, on Insurance.
13. Lease/Tenancy
- Cooperative tenant’s right to premises passes to the spouse who submits a declaration within one year of the co-spouse’s death.
- In the case of apartment rental, the tenancy relationship passes to the tenant’s spouse or children, provided they continuously resided with the tenant until their death.
Legal basis: Article 13 of the Act of December 15, 2000, on housing cooperatives, Article 691 of the Civil Code.
14. Car
If the deceased owned a car, it must be re-registered at the Department of Motor Vehicles (Wydział Komunikacji Urzędu Miasta).
Required documents:
- Registration application
- Proof of vehicle ownership (e.g., gift agreement)
- Certificate of inheritance or court order
Legal basis: Act of June 20, 1997, Road Traffic Law.
