Dealing with the death of a loved one
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Declaration of death to the local authorities
The death must be declared within 24 hours to the civil registrar's office in the commune where it occurred.
This procedure can be carried out by:
- a member of the deceased's family; or
- the funeral home appointed by the family; or
- any other person authorised to do so.
The person making the declaration of death must present:
- a valid identity document; and
- the medical certificate attesting to the death; and
- if possible, the deceasedʼs family record book, a certificate of identity or any document attesting to their civil status (e.g. marriage certificate).
The civil registrar's office will draw up the death certificate and provide the declarant with extracts from the certificate as well as a permit for the transport of the body and a burial permit. Additional copies of the death certificate are available on request.
Entitlement to special leave from work
Organising the funeral
When organising a funeral, it is essential to follow a structured process and comply with legal deadlines and procedures.
Legal deadlines: in principle, the body must be buried between 24 and 72 hours after the death occurred. This time limit may be extended by the Ministry of Health and Social Security upon reasoned request.
Place of funeral: the burial may take place in the commune in which the death occurred or in another commune, subject to authorisation from the relevant communal administration;
Transport permit: this document, which is essential for transferring the body, is issued by the communal administration of the place where the death occurred. Transport is managed by the funeral home.
Cremation: this process requires authorisation from the civil registrar of the place of death and verification by a doctor that there are no contraindications (such as the presence of a cardiac pacemaker). Cremation can be carried out in accordance with the wishes of the deceased, or at the request of the family. To organise this, you need to contact a cremation company directly.
To organise the funeral, you can:
- inform next of kin of the death so that they can join in the tributes;
- work out the details with the civil registrar, including the date, time and type of ceremony, as well as burial or cremation arrangements;
- for non-religious funerals: contact the communal administration;
- for religious funerals: contact the relevant religious representative;
- plan the personal aspects of the funeral, such as transport, flowers, music, a reception if desired, memorial donations and the obituary.
Don't hesitate to ask those around you for help with administrative and organisational tasks.
Formalities to be completed after the declaration of death
Following the death, it is important to remember to:
- contact the social security authorities to inform them of the death;
- notify the banks and insurance companies to discuss the future of the policies taken out;
- cancel any contracts (electricity, water, telephone, various subscriptions) if necessary;
- apply to the relevant health insurance fund for a funeral allowance.
The death of a tenant involves administrative procedures for the family and the landlord. If the deceased tenant lived alone, the lease is automatically terminated on the date of death. The heirs must empty the dwelling, but no notice is required to vacate the premises.
The declaration of inheritance
Within 6 months of the death, a declaration of inheritance must be made to the Registration Duties, Estates and VAT Authority. The following documents must be submitted:
- a full copy of the death certificate;
- a land registry extract if the inheritance includes real estate; this may be requested from the Land Registry and Topography Administration (Administration du cadastre et de topographie);
- if there is a marriage contract, a notarised deed.
Any relative of the deceased can ask to consult the register of wills to find out whether the deceased left any last wishes.
Survivor's pension in case of the death of a spouse or partner
The spouse or legal partner of a deceased person, whether the person was still active or retired, may be eligible for a survivor's pension. This benefit is under the responsibility of the National Pension Insurance Fund (CNAP), which manages it for insured persons and pensioners under the general scheme. Public sector agents benefit from a special pension scheme with its own rules.
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