Unable to obtain death certificate due to divorced statues

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My mother died late last year. A funeral home buried here and all went well. However, there is a hold up in obtaining her death certificate.

 

She was married and divorced 35 years ago in the UK. Her ex husband is nowhere to be found, but the Senate Department for Justice, Consumer Protection and Anti-Discrimination in Berlin (Senatsverwaltung für Justiz, Verbraucherschutz und Antidiskriminierung in Berlin) is demanding that he be heard before they issue her death certificate. It is linked with inheritance and them not considering a divorce in the UK as final.

 

I wondered if anyone has experience in this and if there are some suggestions in getting round this?

 

I am happy to leave the whole proceedings in this anomaly as my mother is now at rest, although I would like it all completed properly. What would be the implications be for me in not having my mother's death certificate, outside the issue of inheritance?

 

Many thanks for any advice. I can follow up with more info if needed.

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You might need it to cancel any contracts (insurance, bank accounts, utilities etc.) she had entered into or to file her taxes.

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58 minutes ago, Stuart O said:

She was married and divorced 35 years ago in the UK. Her ex husband is nowhere to be found, but the Senate Department for Justice, Consumer Protection and Anti-Discrimination in Berlin (Senatsverwaltung für Justiz, Verbraucherschutz und Antidiskriminierung in Berlin) is demanding that he be heard before they issue her death certificate. It is linked with inheritance and them not considering a divorce in the UK as final.

 

Please accept my condolences for your Mother's passing.  Are you sure her ex-husband is still alive?  If you are interested in pursuing this, I would look for death records in the area where he was last known to reside.

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Is it the death certificate (Sterbeurkunde) or the Erbschein (certificate of inheritance?) that you are trying to obtain?

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Just for clarity: did her death & funeral take place in the UK or DE? 

I suspect the latter but its not 100% clear.

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On 02/02/2021, 07:04:01, karin_brenig said:

how were you able to arrange a funeral without a Sterbeurkunde??

https://www.bestattung-information.de/sterbeurkunde-beantragen-anfordern/

 

The funeral home had the todes "Todesbescheinigung" (redacted copy can be seen here https://drive.google.com/open?id=12YIF83e8hCe_dW20s7fhUjAYRn3MSxSA).

 

I want to say thanks for the link that you shared. It helped to formulate the procedure and it also listed the point at which I am at in this process: https://www.bestattung-information.de/sterbeurkunde-beantragen-anfordern/#menu-main-1:~:text=War%20der%20Verstorbene%20geschieden%2C%20brauchen%20Sie%20au%C3%9Ferdem%20eine%20Scheidungsurkunde

She was divorced (in the UK) and I have provided the decree absolute from the High Court in the UK. Nevertheless, the 'Senatsverwaltung für Justiz, Verbraucherschutz und Antidiskriminierung in Berlin' is demanding that her ex husband be heard before they notarize her death and issue the Beurkundung.

 

It seems like this is more of an inheritance/probate proceeding as why would they need to hear from an ex husband to notarise a death? My mother had no possessions and if she had, I am not really interested in pursuing it. She is buried and I am only interested in completing the record of her death.

 

On 02/02/2021, 07:42:09, martinamr said:

Is it the death certificate (Sterbeurkunde) or the Erbschein (certificate of inheritance?) that you are trying to obtain?

 

This was a good question and one that jogged my mind and made me realise that it is not the 'death certificate' as such but the Notarization of the death (Beurkundung) that I am stuck at. I guess the inheritance certificate (Erbschein) comes thereafter?

 

On 02/02/2021, 07:44:43, HEM said:

Just for clarity: did her death & funeral take place in the UK or DE? 

I suspect the latter but its not 100% clear.

 

I am sorry, I should have explained it clearer. You are right; birth, death and funeral took place in Germany. It is only that she was married and divorced to a UK citizen in the UK some 40+ years ago.

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On 02/02/2021, 07:33:25, JG52 said:

 

Please accept my condolences for your Mother's passing.  Are you sure her ex-husband is still alive?  If you are interested in pursuing this, I would look for death records in the area where he was last known to reside.

 

Big thanks, I will be in touch if I find no other way. I have already checked records around the old addresses that I have. It's been decades, and the last I heard he was in a whole other continent.

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1 hour ago, Stuart O said:

Big thanks, I will be in touch if I find no other way. I have already checked records around the old addresses that I have. It's been decades, and the last I heard he was in a whole other continent.

 

Where were they married, and where were they divorced? 

 

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4 hours ago, Stuart O said:

I guess the inheritance certificate (Erbschein) comes thereafter?

Only if you apply for it. You´ll need it though e. g. to close bank accounts - unless you have a power of attorney valid beyond her death.

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