What is inheritance and how to get it

An inheritance is a set of rights and obligations that belonged to a deceased person at the time of opening the inheritance and did not terminate as a result of his or her death. Inheritance is one of the fundamental human rights enshrined in Ukrainian law. This process is regulated by the Civil Code of Ukraine and includes the transfer of property rights and obligations from the deceased person (the testator) to the heirs. Inheritance registration during the war became especially relevant when many Ukrainians found themselves in difficult life circumstances. Let's look into the details.

What is heritage

The inheritance is opened on the day of a person's death or on the day when the court declared him or her dead.

The inheritance includes:

• real estate (houses, apartments, land plots);
• movable property (cars, household appliances, furniture);
• cash and bank deposits;
• securities;
• intellectual property rights;
• corporate rights.

Not all rights are transferred to heirs. Legislation excludes from inheritance personal non-property rights, the right to alimony, pensions, the right to compensation for health damage, and rights that are inextricably linked to the personality of the testator.

Ukrainian law defines two main types of inheritance: by law and by will. Inheritance by will is formalized in accordance with the will of the deceased. Otherwise, inheritance by law is applied, where the heirs are divided into five lines of succession according to the degree of kinship.

Stages of inheritance registration

The stages of inheritance registration include several sequential steps and require strict adherence to deadlines and procedures:

1. Submitting an application for inheritance to a notary at the place of inheritance opening.
2. Collecting the necessary documents for inheritance registration.
3. Waiting for the expiration of the six-month period from the date of opening the inheritance.
4. Obtaining a certificate of inheritance.
5. Registration of rights to inherited property in the relevant registers.

The deadline for inheritance registration is critical - an application for inheritance must be filed within six months from the date of the testator's death. Failure to do so means the loss of the right to inherit, unless the court finds the reasons for the failure to do so to be valid.

The place of opening the inheritance is the last place of residence of the deceased. If it is unknown, the location of the real estate or its main part, and in the absence of real estate, the location of the main part of movable property.

How to formalize an inheritance after the death of a parent is a question that many people face in a difficult period of life. Some categories of heirs are entitled to a mandatory share regardless of the content of the will. Such persons include minors, minors, adult disabled children of the testator, as well as disabled widows/widowers and parents.

What documents are required for inheritance registration

A properly prepared package of documents is the key to successful inheritance registration without unnecessary delays and problems.

What documents are needed to register an inheritance to a house and other property? To open an inheritance case, you should provide:

• passport and identification code of the heir;
• death certificate of the testator;
• documents confirming family ties with the testator;
• a will (if the inheritance takes place according to it);
• a certificate of the deceased's last place of residence.

Additionally, you will need to register the right of inheritance to a specific property:

• title documents for real estate;
• technical passports for real estate;
• documents for vehicles;
• bank account statements;
• documents for securities.

A certificate of inheritance is only available after a six-month period from the date of opening the inheritance. The law provides all potential heirs with equal opportunities to claim their rights.

Registration of inheritance in wartime

Inheritance registration in wartime in Ukraine has undergone certain changes aimed at simplifying access to notarial services for citizens.

The Law of Ukraine “On Amendments to Certain Laws of Ukraine on Improving the Procedure for Opening and Processing Inheritance” of November 8, 2023 introduced important innovations:

• the ability to file an application for inheritance with any notary of Ukraine, regardless of the place of opening the inheritance;
• in the absence of access to the Inheritance Register, the notary shall open a case without using it;
• the limitation period is suspended for the duration of martial law.

Particular attention should be paid to the situation with property located in the temporarily occupied territories. In such cases, there is a special procedure for inheritance registration that takes into account the limited access to documents and property.

Sometimes, a power of attorney for inheritance may be required if the heir is unable to deal with this issue personally. Heads of penitentiary institutions have the right to certify the authenticity of signatures on applications for inheritance for persons in prison. Such certification is equivalent to notarization.