Registration of ownership rights for a deceased person: procedure, documents, special features

In inheritance matters, it is common to encounter a situation where a person acquired ownership of real estate during their lifetime but did not register this right in the State Register of Property Rights (hereinafter – SRPR). This creates a legal gap, which makes it impossible to transfer ownership rights to the heirs. This issue can be resolved through the registration of ownership rights in the name of the deceased, a process that may be initiated by an heir.

When is registration in the name of the deceased carried out?

This procedure applies when:

• The heir possesses original ownership documents for the immovable property;
• The property was acquired by the deceased but was not registered in the SRPR during their lifetime;
• Ownership rights were registered prior to 2013 in BTI (Bureau of Technical Inventory) records;

In such cases, the law provides for the primary registration of ownership not in the name of the heir, but first in the name of the deceased, even if the person has already passed away.

To register ownership in the name of the deceased, the following documents must be submitted:

1)Documents confirming the acquisition of ownership by the deceased (e.g., sale and purchase agreement, ownership certificate, gift agreement, etc.);

2)An extract from the Inheritance Register confirming that an inheritance case has been opened;

3)A document issued by a notary or an authorised local government representative confirming the list of heirs;

4)The death certificate of the deceased;

5)A technical passport, which is mandatory if the ownership document does not contain information on the total area of the property;

6)Proof of payment of the administrative fee – UAH 300 (if the property was not registered after 2013). If the property had been registered in the previous electronic version of the Register, the service is free of charge.

How does the procedure work?

1. The heir submits an application and the original documents listed above to the Administrative Service Centre (CNAP);
2. The state registrar carries out registration of the ownership right in the name of the deceased, including a note confirming the person’s death in the SRPR;
3. Once the record is entered, the notary may issue the certificate of inheritance in the name of the heir;
4. The final transfer of ownership to the heir is completed after the notary updates the SRRPR in the heir’s name.

 Specifics and Challenges

• If no entry exists in any registry, even prior to 2013, the state registrar has the right to submit a request to the relevant BTI that previously performed the registration;
• If the BTI is no longer operational (e.g., located in temporarily occupied territory), the registration process may be blocked. Additional difficulties arise if the technical characteristics of the property (e.g., total area, room sizes) are missing in the ownership documents, making it impossible to carry out registration of real property rights.
• As of 2021, electronic technical passports must be entered into the Unified State Electronic System in the Field of Construction.

 If you require consultation or assistance with ownership registration via the Diia portal or through the CNAP, you can book a free online legal consultation here.

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This informational material was developed within the project implemented by NGO "STEP" in cooperation with the Danish Refugee Council (DRC) and funded by the European Union’s Civil Protection and Humanitarian Aid Operations. The views and opinions expressed are those of the author(s) and do not necessarily reflect those of the European Union or DRC. Neither the European Commission nor DRC can be held responsible for any use which may be made of the information contained herein.