Opening an inheritance case in Ukraine: Step-by-Step Guide for heirs

The death of a loved one is not only a difficult emotional loss but also entails the need to address a number of legal matters related to inheritance. For heirs to exercise their inheritance rights, it is important to contact a notary in a timely manner and properly prepare all the necessary documents.

What is an inheritance case

An inheritance case is a set of documents prepared by a notary after the inheritance is opened. These documents contain information about the heirs and the deceased person’s property and serve as the basis for formalising inheritance rights.

The inheritance case includes:

1. an application for acceptance of inheritance;
2. a death certificate;
3. documents confirming family relationships;
4. a will (if any);
5. title documents for the property;
6. information obtained from state registers;
7. other documents required to formalise the inheritance.

Once an inheritance case has been opened, information about it is entered into the Inheritance Register, which prevents another inheritance case from being opened in respect of the same deceased person. Opening an inheritance case is a mandatory step in formalising inheritance rights. This applies regardless of whether inheritance takes place under a will or by law and is the first step towards obtaining a certificate of inheritance.

When is an inheritance opened

An inheritance is opened in two cases:

1. On the date of a person’s death

The date on which the inheritance is opened is the date of the testator’s death indicated in the death certificate. From this date, the six-month period begins during which heirs are entitled to apply to a notary for acceptance of the inheritance.

1. On the date when a court decision declaring a person deceased becomes legally effective

If a person has been missing for a long time and their whereabouts are unknown, a court may declare that person deceased. In such a case, the inheritance is opened when the court decision declaring the person deceased becomes legally effective. During martial law, the six-month period for accepting the inheritance begins upon receipt of the death certificate. From that date, heirs may contact a notary to open an inheritance case and formalise their inheritance rights.

Who can inherit property

There are two types of inheritance:

1. inheritance under a will; and
2. inheritance by law.

Inheritance under a will applies when a person made a will during their lifetime and determined who should receive their property after their death. Heirs may include relatives as well as any other individuals or legal entities, the state or a territorial hromada.

Inheritance by law applies when there is no will, the will has been declared invalid or revoked, or it does not cover all of the testator’s property. In such cases, the inheritance passes to the deceased person’s relatives according to the statutory order of succession. There are five orders of heirs, and each subsequent order becomes entitled to inherit only if there are no heirs from the preceding order.

Where to apply to open an inheritance case

To accept an inheritance, an heir must submit an application to a public or private notary. The heir may choose the notary.

The application is submitted at the place where the inheritance is opened, namely the deceased person’s last place of residence. If the testator’s last place of residence is unknown, the place where the inheritance is opened is considered to be the location of the immovable property or its principal part. If there is no immovable property, the application is submitted at the location of the principal part of the movable property.

Important! During martial law, the procedure for formalising inheritance has certain specific features. If the place where the inheritance is opened is located in a territory where state authorities temporarily do not exercise their powers, an area of active hostilities or an occupied territory, the inheritance case may be opened by any public or private notary in Ukraine.

How to submit an application for acceptance of inheritance from abroad

For detailed information on what to do if an heir is abroad, read our article: “How to apply for inheritance if you are abroad?”

Waiting for the six-month period to expire

During this period, other heirs may submit applications for acceptance of the inheritance or renunciation of the inheritance. Until this period expires, the notary is not entitled to issue a certificate of inheritance.

Obtaining a certificate of inheritance

After six months have elapsed from the date the inheritance was opened (that is, from the date of the testator’s death or, where the person was declared deceased by a court, from the date the death certificate was obtained), the heir may obtain a certificate of inheritance.

Before issuing the certificate, the notary verifies whether all legal requirements have been met: whether the application for acceptance of inheritance was submitted within the prescribed period (or whether the inheritance is deemed to have been accepted), whether the person’s right to inherit has been confirmed, and whether all necessary documents concerning the inherited property have been provided.

If all documents are in order and there are no grounds for refusal, the notary issues a certificate of inheritance. This document confirms the heir’s right to the inherited property and serves as the basis for state registration of ownership.

If the notary establishes that the required documents are missing or that there are other legal grounds for refusal, the notary will refuse to issue the certificate and issue a written decision on refusal, which the heir has the right to challenge in court.

What you should pay attention to

The most common mistakes made by heirs include:

1. missing the deadline for accepting an inheritance;
2. assuming that they automatically become the owners of property after the death of a relative;
3. postponing contacting a notary until the six-month period has expired;
4. failing to inform the notary about other heirs;
5. losing title documents for the property and failing to take steps to restore them;
6. choosing an inappropriate legal remedy to protect their rights in court.

Opening an inheritance case is a necessary legal procedure for formalising inheritance rights. Despite the relatively straightforward procedure, heirs often face practical difficulties, including missing documents, missed deadlines, being abroad or in occupied territories, or the need to establish legally significant facts through court proceedings.

To avoid additional time and costs associated with court proceedings, it is advisable to contact a notary immediately after obtaining the death certificate, submit an application for acceptance of inheritance within the prescribed period, and prepare all the necessary documents.

If you have additional questions or need legal advice on accepting an inheritance, you can book a free online consultation with a lawyer on the PravoVsim platform through this link.

This information material was developed within a project implemented by the Caritas Mariupol Charitable Foundation in cooperation with the Danish Refugee Council (DRC) with financial support from the European Union. The views and opinions expressed are solely those of the Caritas Mariupol Charitable Foundation and do not necessarily reflect the views of the European Union or DRC.