Guidance

Montenegro: bereavement information

Updated 31 May 2023

Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth and Development Office, which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

How to contact the Foreign, Commonwealth and Development Office

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the Foreign, Commonwealth and Development Office in London on 0207 008 1500 or the British Embassy in Podgorica, Montenegro on +382 (0)20 420 100.

The priority of the Foreign, Commonwealth and Development Office is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

First steps in Montenegro when someone dies

In Montenegro, if a person dies in a private household, an ambulance should be called immediately to establish and record the circumstances of the death.

If the person is found alone at the time of death, it is also important to call the police as they may need to record whether the person died of natural causes, an accident or if it was a violent death.

Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth and Development Office can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

When a British national dies in Montenegro and their next of kin is not with them already, the Montenegrin authorities will usually notify the British Embassy Podgorica. The Embassy will do whatever they can to trace the next of kin as soon as possible and will ask the UK police to pass on the sad news. However the next of kin might also be notified about the death directly by someone else, for example a local doctor, tour operator or a police officer.

In Montenegro, there is also no legal definition of next of kin, except of an heir under the Inheritance procedure law. The seniority of the next of kin is usually as follows:

• spouse / civil partner
• adult child (i.e. over 18 years old)
• parent
• adult sibling (i.e. over 18 years old)
• an adult with sufficient relationship to the deceased

An ex-partner is not regarded as next of kin.

Under the Montenegrin inheritance procedure law, the Basic Court of the municipality where the person who died was permanently resident decides who their are, what their inheritance consists of and which inheritance rights belong to their heirs and which to other people. If the person who died had no residency permit in Montenegro at the time of death, the court from the municipality where most of their estate is located will hold jurisdiction for those decisions.

Release of information to next of kin

The Foreign, Commonwealth and Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to the next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may also be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

Access to information concerning a death, other than post-mortem and police reports are restricted. The Montenegrin authorities can decline to provide this information directly to the next of kin or to a third party including Consular offices. Requests for this information can be made through legal representatives. The release of information may sometimes take months, and any documents will be in Montenegrin. Lists of English speaking lawyers and translators in Montenegro are available from the website.

Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They may have a list of approved funeral directors to help you make arrangements, or be able to cover some of the costs.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and will usually be responsible for all costs. The Foreign, Commonwealth and Development Office cannot help with these costs.

It is important to let the Embassy know if the person who died was travelling with a tour company. The company can be a valuable source of assistance and information.

Appointing a funeral director

If you decide to repatriate the person who died to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The Foreign, Commonwealth and Development Office produces a list of international funeral directors based in the UK.

If the person who died was insured you should immediately contact the insurance company to establish if they are able to cover repatriation expenses and make the necessary arrangements. You may need the insurance policy number and the associated 24 hour medical emergency contact number to do this. If the travel insurance company confirms that there is a current policy, you should not appoint your own funeral director or be pressurised by local funeral agencies to do so. It will be the insurance company that will appoint the funeral director both locally and in the UK.

If the person who died is not covered by insurance, next of kin or a formally appointed representative will need to appoint an funeral director in Montenegro or an international funeral director who will liaise with a Montenegrin funeral director themselves. You can find a list of funeral directors in Montenegro at the British Embassy website.

Registering the death and obtaining a death certificate

All deaths must be registered with the local authorities in Montenegro within 3 days of the day of death, and before a funeral takes place.

The Central Register of the Deceased is held by the Ministry of Interior of Montenegro. It contains the following information:

Initial registration

• information about the death (date, time and place of death)
• information about the deceased (name and surname, previous surnames, sex, day, month, year and place of birth, a unique citizen number (if exists), citizenship)
• information about the parents of the deceased (name and surname of parents, mother’s maiden name)
• information about spouse of the deceased, if the deceased was married (name and surname, surname before marriage, their unique citizen number if applicable)
• information about the death report (name and surname and address of the person who reported the death or name of the institution if the death was reported by an institution, if the deceased was missing then acclaimed dead including the information of death established by the court procedure and data from the court verdict)

Additions and corrections to the initial registration data

• established identity of the deceased if initially unknown
• records of the court decision changing death related facts
• additional error corrections and updates of the initially registered data

Deaths have to be reported to and registered by the Registration Office of the Ministry of Interior of Montenegro at the municipality where the person died. If the place of death is unknown or difficult to establish, the death is registered in the municipality where the person was found.

Deaths that occurred in hospitals, hotels, military, social welfare institutions, or similar locations are officially and electronically reported by that institution to the Registry Office. Deaths that occurred elsewhere should be reported either by the doctor who has recorded the death, by the next of kin, by another person who lived with the deceased or by owner of the place where the deceased used to live.

Sometimes a funeral director can do this for you, and help collect the documentation from the authorities that is required for repatriation of the remains, cremation or for local burial. You will usually need documents about yourself and the person who has died, which include information such as full name, date of birth and passport number.

The authorities in Montenegro can issue an international version of the death certificate, in addition to the usual Montenegrin death certificate. The international form is multilingual and does not require translation for use in the UK and elsewhere.

You do not need to register the death with the UK authorities. The local death certificate may be used in the UK for most purposes, including probate. If it is not in English or in the multilingual international form, you will need to obtain and pay for an official translation.

The local authorities will need to be told if the person suffered from an infectious condition, such as hepatitis or HIV so they can take precautions against infection.

Consular registration of death

You do not have to register the death of a British national that occurs overseas with the UK authorities. You can sometimes apply for a consular death registration. This is not mandatory and cannot be used instead of a death certificate from the country where the person died. It is only available in some countries. If you wish to do this, you can find more information and apply online.

Post mortem examinations (autopsies)

Under Montenegrin law, post-mortems are mandatory in the following cases:

1. when the person died in a hospital and cause of death is unknown
2. upon request of a doctor who treated the deceased
3. when the deceased was brought to the health institution and cause of death is unknown
4. upon request of a doctor assigned to establish the cause of death
5. upon request of a family member of the deceased
6. if requested by the investigation authority on the basis of suspicion that the death is caused by a criminal offence or is related to a criminal offence
7. when it is of a special relevance for the protection of the public health and from epidemiological and sanitary reasons
8. if the death occurred during a diagnostic or therapeutic procedure
9. if the deceased was involved in a clinical drug testing or another type of a scientific research

The cost of an autopsy is paid for by the state of Montenegro except in situations 5 and 6 when the person or the institution requesting the autopsy will need to pay.

If an individual died in a medical institution, the next of kin may be able to reach an agreement that a post-mortem does not need to be carried out. However, this is only after consultation between senior management and the next of kin, in co-ordination with the pathologist (if there is one at the institution).

Whilst the procedures involved in a post-mortem can be harrowing for family and friends, the British Embassy has no powers to change procedures or challenge local laws and may not be informed of all the details surrounding each individual post-mortem.

Embalming is not an obligatory requirement, but can be requested by the next of kin and arranged in Montenegro. It is a costly procedure, performed by few medical specialists in the country, so the service might be available only in certain towns and locations. Cold storage facilities are readily available throughout the country now, offered by the mortuaries, medical institutions, city chapels and local funeral director agencies. iIn most cases it is possible to preserve the remains for delayed repatriations or local burials without a requirement for embalming to take place.

Mortuary facilities

Mortuaries in Montenegro are attached to hospitals.

There are some costs for use of cold storage facilities in all mortuary facilities, as well as for those provided by funeral directors or city chapels and are usually calculated per hour.

City chapels are available throughout the country and are run by the municipal authorities. They can be arranged directly and through a funeral director.

In Montenegro it is not normally necessary for the person who died to be identified by the next of kin. Identification can be carried out by means of documentation such as a passport, driving licence, fingerprints, dental records or DNA.

Burial, cremation, repatriation

The next of kin of the person who has died will usually need to decide between a local burial, cremation or bringing the person home, which is known as repatriation. Your funeral director will usually be able to explain the options available, the costs, and help you make arrangements.

Local undertakers in Montenegro are equipped to carry out repatriation and will provide the special caskets required for the international carriage of human remains. Most of them will be able to arrange all documentation needed for repatriation on your behalf:

• a local death certificate ( in Montenegrin “izvod iz matičnog registra umrlih” and ”extrait de l’acte de deces” for the international multilingual form of the certificate)
• a medical death certificate stating the cause of death (in Montenegrin “o smrti” and “ljekarski izvještaj o smrti” certificates)
• a certificate of embalming or post-mortem, if carried out
• certificates issued by a municipal sanitary inspector under the Directorate for Inspections (in Montenegrin “sprovodnica o prenosu umrlog lica” and “rješenje”)
• a “no objection to transport document” (“sprovodnica” in Montenegrin) issued by the British Embassy, if required

The person who died may have left instructions about the type of funeral and burial they wanted. There is no legal obligation for these instructions to be followed, but they usually are.

Most funerals in Montenegro are arranged through a local funeral director. In most cases they can help with related arrangements, including:

• collecting required documentation from the authorities
• arranging transport
• use of a city chapel with or without religious ceremony
• provision of cold storage facilities
• arrangements related to the burial
• purchase of the burial plot, if needed
• purchase of clothes, coffins and other required items

If you arrange the funeral with a local funeral director and are responsible for the costs, you should ask to see a price list before choosing a funeral, or explain how much you have to spend and see what services are possible. Some funeral director websites include a detailed pricelist of their services.

If the next of kin chooses cremation and wishes to take the ashes back to the UK themselves, they can do so with the assistance of local funeral directors who will be able to arrange the necessary paperwork and transportation.

There are no crematoriums in Montenegro, so funeral directors arrange transportation to other crematoriums available in the region, one of the nearest is in Belgrade, Serbia.

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

Return of personal belongings

Personal belongings found on the person who died are either handed over to the family, if they are present, or taken by the police. If the next of kin chooses repatriation, it is advisable to instruct the local undertaker to collect the belongings from the police and to ship personal belongings together with the coffin. If there is an investigation into the death, the deceased’s clothing can be retained as evidence and is not returned until the court case is finished.

Please note, the British Embassy cannot take responsibility for the personal belongings of the person who died.

Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide on gov.uk.

British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with His Majesty’s Passport Office (HMPO). To do this, you will need to complete a “D1 form”. The form and instructions on where to send it is available online.

If you plan to repatriate the person who died to the UK, you may require their passport to be able to do so. In these circumstances, you should cancel the passport after they have been repatriated.

Child deaths

Police in Montenegro will hold a full investigations into any death and there are no separate procedures for deaths involving children.

Deaths in road traffic accidents

Police in Montenegro will hold full investigations into any death and there are no separate procedures for deaths involving road traffic accidents.

Deaths investigated as murder or manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter a dedicated team within the Foreign, Commonwealth and Development Office will be available to provide support, including by referring you to a specialised organisation. You can find more about what they can do online.

You should note that if the deceased is repatriated to some parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK Coroners and inquests below.

UK coroners and inquests

If you repatriate the person who died to England and Wales, there may be an inquest. The decision on when to hold an inquest is made by His Majesty’s Coroner. Please note, an inquest will usually only happen in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Please note, Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.
You can find more information on Coroners and the Procurator Fiscal in the Foreign, Commonwealth and Development Office guide on Death Abroad

Legal aid

There is a limited legal aidscheme in Montenegro available only for criminal cases. An attorney, from the list of lawyers at the lawyer’s chambers, will be immediately assigned by the court to handle the case from pre-trial to potentially appeal. For all other cases a lawyer must be hired by the client directly.

Compensation

You can find information on UK compensation for victims of terrorism overseas online

There is no government compensation scheme in Montenegro.

Translation and Interpretation

Lists of English speaking translators and interpreters in Montenegro are available from the website.

Additional support

Local support organisations

There are no charities that support bereaved families in Montenegro.

Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in the guide coping with death abroad

Annex: List of local funeral directors.