Guidance

Georgia: bereavement: death abroad

Updated 19 August 2024

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, & 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 & 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 & Development Office in London on 0207 008 1500. If you are not in Georgia, you can find the contact details of the British Embassy Tbilisi online

The priority of the Foreign, Commonwealth & 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.

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 & Development Office (FCDO) 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.

There is no uniform definition of next of kin in Georgia either. The term can have different interpretations in different legal situations. However, in general it is considered to mean a spouse, parent, child, grandparent, grandchild or sibling. Georgian legislation does not recognise same sex-marriage and there is no legal equivalent of a civil partnership.

Any dispute over next of kin status is decided by a court.

Release of information to next of kin

The Foreign, Commonwealth & Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may only be available to 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 be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

In Georgia, the authorities are not obliged to notify a next of kin about an individual’s death. However, in practice the police, medical institution or other relevant body will attempt to notify relatives whose details they hold. This may be direct, including by international phone call. Or the authorities will contact the British Embassy to act as a communication channel. The authorities will similarly contact the Embassy if they do not know the identity of the deceased and have no information about next of kin.

Information related to a deceased individual is considered personal information under Georgian law and can therefore only be used or disclosed to others with the consent of next of kin.  Furthermore, any medical information about the deceased can only be shared with the next of kin or the deceased’s legal representative.

If a death leads to a police investigation, information about that investigation can only be shared with someone granted legal status as a victim of the crime, or their legal representative. Victim status can be granted to a next of kin. However, depending on the circumstances of the death, some information may be withheld from family members, especially in cases where a criminal investigation has been opened.

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. The company 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 & Development Office cannot help with these costs.

Appointing a funeral director

If you decide to bring the deceased to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK.

If you decide to hold a funeral in Georgia, you can find a list of funeral directors

Registering the death and obtaining a death certificate

Deaths in Georgia are registered by the Public Service Development Agency, based at the nearest Public Service Hall. Registration is automatic as soon as the Agency receives notice of death from the doctor or hospital who attended the deceased. Generally the deceased’s next of kin or other appointed representative can collect a death certificate from Public Service Hall one day after the death occurs.

In Tbilisi the Public Service Hall is located at 2 Sanapiro Street. Tel: (+995 32) 2 405 405 Other locations can be found on the Website: Public Service Hall

Death certificates are usually written in Georgian and do not include the cause of death. A final report including cause of death may take several months to issue.

Consular death registration

A death certificate issued in Georgia can usually be used in the UK for most purposes, including probate. If the certificate is written in Georgian only, you will likely need to obtain and pay for an official translation into English.

You do not need to register the death with the UK authorities. However if you wish to do so, you can apply online for the death to be registered)

Post mortem examinations (autopsies)

A post-mortem (also known as an autopsy) is generally performed when a death is not by natural causes or when the cause of death is unclear.

In Georgia, a post-mortem is most commonly performed by the National Forensic Bureau on Chavchavadze Avenue in Tbilisi.

If the police open an investigation into the death and assess that a post-mortem is necessary, the authorities do not require consent from the deceased’s next of kin.

Burial, cremation, repatriation

Cremation is not possible in Georgia.

A funeral director in Georgia can arrange a viewing of the deceased, a burial in Georgia and, if wished, a memorial service at home or in a church.

If the next of kin is in the UK they may contact a UK undertaker and ask their help in arranging a burial in Georgia, or repatriation of the deceased’s body.  

For repatriation it is necessary to use an international undertaker based in the UK, who will make contact with a funeral service in Georgia to ensure a single process. The British Embassy is able to provide a list of undertakers who provide a repatriation service.   

If an individual’s body is repatriated to the UK, in some circumstances there will be an inquest into the cause of death. There are no inquests for deaths overseas when the deceased is buried overseas.

Return of personal belongings

Generally a deceased’s next of kin, or their appointed representative in Georgia, can collect a deceased’s personal belongings from the hospital, police, landlord etc. soon after the death has occurred.  However, in cases of suspicious death or when a criminal investigation has been opened, the authorities may retain some or all personal effects until the investigation has completed.

Please note, the British Embassy cannot take responsibility for a deceased’s personal belongings.

Steps to take in the UK

You can find step-by-step guide online about steps to take in the UK after a death overseas. This includes information on arranging a funeral in the UK, notifying the authorities of the death, and dealing with the deceased’s estate.

British passport cancellation

In order to avoid identity fraud, a deceased person’s passport  should be cancelled with HM Passport Office (HMPO)

Full details of how to do this are available online

If you plan to repatriate the body of the deceased person, you may require their passport to do this. Therefore you should only cancel the passport after the repatriation has taken place.

Child deaths

Ordinarily there are no special processes for the death of a child in Georgia. Notice of the death is passed by the doctor or hospital to the Public Service Development Agency at the Public Service Hall, where the death is registered. This happens also in the case of still births and neonatal deaths.

Similarly, any investigation into the cause of death is carried out in the same way as that for the death of an adult, and arrangements for burial in Georgia or repatriation follow those of an adult.

When a death occurs in a child up to 5 years old, in addition to notifying the Public Service Development Agency, the doctor or hospital will additionally inform the Ministry of Health and Social Affairs.

Should an investigation into the cause of death reveal evidence of violence against the child, child trafficking or some other crime, social services will be involved in the case alongside the relevant investigative authority. In some circumstances the Public Defender’s Office may also become involved.

In case of a death of a baby born through surrogacy, responsibility for the funeral and any other arrangements sits with the commissioning parents, not the birth mother. This is because Georgian legislation precludes a surrogate mother or egg donor from registering as the parent of the child.

Deaths in road traffic accidents

Police in Georgia will hold a full investigation into any road death. In all other respects, procedures for deaths in road traffic accidents are the same as for deaths in other circumstances.

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 here.

You should note that if the deceased is repatriated to the UK a coroner or procurator fiscal may decide to hold an inquest. See more information below.

In Georgia, the police can open an investigation when they receive information about a possible criminal offence. This could be as part of a separate investigation, from a news report, or from a witness or medical provider. The decision to investigate or not can be made by either an investigator or a prosecutor.

As part of their investigation, the authorities will collect evidence. This may include forensic evidence from the body of the deceased. Generally the deceased’s body will be released to next of kin once all relevant evidence has been collected but in some circumstances the authorities may need to retain the body for longer.

In Georgia the authorities do not proactively keep the deceased’s family up-to-date with progress on an investigation or prosecution.  However, if the next of kin is granted victim status by the case prosecutor, they have the right to request full information whenever they wish.

If investigators would like the deceased’s relatives to contribute to the investigation, such as identifying the body or giving testimony, they may contact the family directly, or through a lawyer in Georgia the family have appointed, or through the FCDO.

When a case comes to court in Georgia, it takes at least one year for a judgement in the court of first instance. If the case moves to the court of appeal and subsequently the court of cassation (equivalent to the Supreme Court), it may take up to three years for a final judgement.

UK coroners and inquests

If you repatriate the deceased to England or Wales, there may be an inquest. A decision on whether to hold an inquest is made by His Majesty’s Coroner. Inquests   happen most commonly when someone has died in suspicious, unnatural or violent circumstances, or whilst in detention.

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

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

Please note, Coroners and Procurators Fiscal 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

Legal aid is not available in Georgia.

Under certain circumstances, such as death in suspicious circumstances, you may wish to hire a lawyer to represent in Georgia the deceased’s next of kin, or guide you through the investigation of the death. List of lawyers can be found here

Compensation

In Georgia, there are no government compensation schemes available, although damages can be claimed from the accused. Any award of damages is made by the court when the case is heard.

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

Translation and interpretation

Georgian is the official language of Georgia. English is widely spoken but in some circumstances you may need to arrange translation of an important document, or interpretation for an important conversation.

You can find list of interpreters and translators here

Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in guide on what to do when someone dies abroad

Annex

List of funeral directorates