Inheritance in Ukraine 2023: the documents, regulations, order

Heritage (inheritance) – this is the process of transferring any type of property or obligations from the testator, to other persons (heirs).

For correct entry into inheritance in Ukraine, need to know, how to do it right. This procedure for assignees becomes possible from the date of opening the inheritance (date of death of the testator). Strict adherence to legal regulations will help not to get into a conflict situation.

Stakeholders should keep in mind the list of required documents, and the timing of the inheritance. If earlier, it was possible to enter into it within a 6-month period after the death of the testator, now the situation has changed a little. IN 2018 the new law on inheritance gained force, which is relevant to this day – it is now possible to accept the property and after the expiration 6 months.

In this case, it all depends on the court decision. If there is evidence relative ignorance about the inheritance and the death of the testator – you can dispute the issue in court and apply for obtaining later.

Types of property inheritance: by law and by will

The main document, regulating the distribution of inheritance, is a will, executed according to all the rules by the legal owner of the property. In the absence of this document, inheritance is transferred in accordance with legal regulations.

Inheritance by will

Inheritance by will in Ukraine is possible only if this document is available and the rules for its execution are observed. This usually happens at the place of last residence of the testator or in the region, where is the property.

The prerogative of carrying out the relevant procedure belongs to the notary, who enters information regarding wills and inheritance cases in the special register of Ukraine.

But before that, how to draw up an inheritance by will, you should remember about the category of heirs, whose right does not depend on the will (inherit out of turn):

• disabled and under the age of majority children of the deceased;
• spouses, disabled;
• disabled parents.

Legitimate inheritance

If the will was not drawn up during the lifetime of the owner of the property, there is every reason to transfer the inheritance according to the law, according to the degree of kinship:

1. first of all – spouses, parents of the deceased and children (like family, and adopted);
2. second stage – brothers, sisters, grandchildren, grandparents.
3. third stage – nephews, uncle, aunts etc;
4. fourth stage – faces, one family who lived with the testator for 5 years old;
5. fifth turn – dependents, non-family members.

This procedure for the entry into the rights of the heir is strictly regulated by the legislation of Ukraine.

Making a will

It's important to know, how to make a will, so that it is not subsequently recognized as invalid. The most important thing is ownership of property legally. To carry out the procedure, the property owner will need to provide their passport and taxpayer identification code (INN). It is not necessary to have documents for real estate with you. The expediency of their use is justified only by reducing the risk of errors when writing the address.

In cases, when all property, owned by the testator at the date of death, gets one face, documents confirming the legality of the rights will not be needed. It won't matter that fact, whether the inherited property was owned by the deceased at the time of the execution of the will or not. Making a will requires a personal presence (in the notary's office) testator.

The testator has the right to revoke or amend the will, draw up a new document and disinherit at your own discretion. This is only possible if, when it is not about the category of heirs, legally claiming an obligatory part in the property of the deceased (his minors and disabled children).

Registration of inheritance

There is no other way for the right heirs, how to draw up an inheritance in Ukraine based on the result of the procedure for its acceptance through a previously submitted application. You need to complete this task in 6 months from the date of death of the legal owner of the property (father, mothers, husband and others). The submission of this application is carried out in person. Children after 14 years have every right to act independently, and on behalf of the minors, everything will be done by the guardians or parents.

At the expiration of 6 months, will be issued by a notary as a certificate of inheritance by law, and by will. To draw up the specified document, you will need the following:

• original will, if any;
• passport and code of the person concerned;
• statement, certifying acceptance of inheritance;
• kinship papers;
• the documents, evidence of legal ownership;
• act real estate valuation, which the heirs will need, starting from the 3rd degree of relationship.

As a result of the correct procedure and the obtained evidence, heirs receive the right to dispose of property, as they please.

Terms of inheritance in Ukraine

To proceed to an unlimited in time stage of registration of ownership, it is necessary to comply with the period for entering into an inheritance with a duration of 6 months. If time is up and received a refusal, the applicant needs to do the following:

• declare in writing to the notary about the intention to enter into inheritance rights;
• take, Notary-drafted Ordinance, confirming refusal to perform a notarial act;
• contact a lawyer to file a claim and support cases in court.

In some cases, rectification of the situation depends on the consent of other persons, who previously took over the property. This can be done through a statement, filed to a notary. If it is the good will of other heirs, then you will not even need to justify the reasons for delaying the application for inheritance. Otherwise, such an opportunity has to be sought through the courts.

Good reasons, substantiating the claim, are:

• prolonged illness;
• stay abroad;
• being in occupied territory, in captivity or in prison;
• quarantine;
• urgent service, etc..

By the tribunal's decision, to apply for inheritance 6 months from the date, when it became known about the will or the fact of inheritance by other people. One should only remember, that according to the amendments in the law, a similar claim will not be considered a second time.

When, if you missed the inheritance date, and other claimants entered into law before the court verdict, then the person concerned needs to do the following:

• submit an inheritance statement to a notary;
• file a claim with the court regarding amendments to the certificate.

New inheritance documents are issued to all successors only on the basis of a court decision that has gained force. Previously sold property (most often – real estate) allows the new heir to reasonably expect to receive monetary compensation.

Read also: How to sell an apartment in Ukraine in 2021 year?

Automatic inheritance in Ukraine

The inheritance is automatically regulated by h. 3 stantsiya. 1268 Civil Code of Ukraine. This right can be granted to heirs, did not reach 18 years old, or incapacitated persons, permanently living with the deceased.

It provides for 2 course of action:

• submit to the notary a written consent to inherit the property;
• take over inherited property without having to adhere to the 6-month deadline.

The right to refuse inheritance (according to stantsiya. 270 and 1273 Civil Code of Ukraine) will be implemented only in accordance with the statement, filed within 6 months. But such an opportunity comes with the consent of the parents or guardians..