Only the court has the authority to recognize a person as missing (this is the formulation adopted in the legislation). But before that, you should contact the police with a statement about the search for the missing person (no statute of limitations).
Instructions
Step 1
3 days after the person living with you has stopped reporting about himself, apply to the police with a statement on his wanted list. Attach a photo of him to your application. Indicate in the application his full name, information about the place of permanent registration, work, study, special signs. Tell law enforcement and other information you know.
Step 2
If during the year this person has not submitted news of himself or the law enforcement agencies have not been able to find his whereabouts, then go to court with an application for recognizing the citizen as missing. Request a certificate from the police, which must indicate the number of the search file and provide a list of operational-search activities carried out during this period by law enforcement officers.
Step 3
Submit your application to the court. In the application, indicate the name of the court and the name of the applicant. Since usually positive decisions on such applications are made only when there are persons interested in this (for example, relatives who were dependent on the disappeared citizen), be sure to indicate the reason for the appeal. Attach to the application all official certificates confirming the absence of official information about the citizen for a year or more:
- a certificate from the police;
- certificates from the house management;
- certificates from the place of service, work, study.
Step 4
Only by a court decision will you be able to dismiss a missing person from the apartment, but you do not have the right to take possession of his property until the court, by its decision, recognizes him as dead. After that, his relatives will be able to enter the inheritance.
Step 5
A citizen is recognized by the court as deceased if, after another 5 years from the date of his disappearance, new information about his whereabouts has not appeared. But if he disappeared under circumstances on the basis of which it can be assumed that he died or became a victim of an accident, then you should, within 6 months from the date of contacting the police, send an application to the court recognizing the fact of his death. A person who disappeared during the period of hostilities is recognized by the court as dead within 2 years from the date of disappearance.
