How to formalise inheritance in case of missing the time limit for acceptance

Receiving an inheritance is an important legal process, which has clear deadlines and rules. However, in real life, situations arise where a person, for various reasons, fails to submit an application to accept an inheritance on time. Does this mean the inheritance is lost forever? No! The law provides the possibility to reinstate the time limit for accepting inheritance, but for this it is necessary to act correctly and in a timely manner. 

What is inheritance and what are the deadlines for acceptance? 

Inheritance is all property, rights and obligations that belonged to a person who has died (the testator) at the moment the inheritance opens, which were not terminated due to their death, and which pass from the testator to other persons (heirs) as a result of succession. 

As a general rule, the time limit for accepting inheritance is six months from the moment the inheritance opens (from the day of death or the day when the person was declared deceased). 

This means that the inheritance must be accepted either in fact or by submitting an application for acceptance of the inheritance under the law or according to the will within this six-month period, and not after its expiration. 

At the same time, if the right to inherit depends on other heirs not accepting the inheritance or renouncing it (for example, when there are heirs of a prior statutory order), the time limit for acceptance of inheritance is three months from the moment other heirs did not accept the inheritance or renounced it. 

Does it affect the time limit if the testator died in occupied territory? 

The general time limit for acceptance of inheritance remains unchanged and is six months from the date of death of the testator. 

However, if the person died during martial law and the state registration of death was carried out later than one month after their death, the time limit for acceptance is calculated not from the moment of actual death, but from the moment of registration of death by state authorities. 

If a person died in occupied territory, the six-month period is calculated from the moment the death is entered into the civil registry in Ukraine and the death certificate of the testator is obtained. 

Attention! Before contacting the Civil Status Registration Authorities of Ukraine (RACSU) to obtain a death certificate for a person who died in occupied territory, it is necessary to first apply to the court with a claim to establish the fact of death of such a person. 

What does inheritance acceptance mean? 

Acceptance of inheritance occurs in the following ways: 

1)Submitting an application to a notary at the place of opening of inheritance. 

Important! Place of opening of inheritance is the last place of residence of the testator. If it is unknown, it is the location of immovable property or its main part, and in the absence of immovable property – the location of the main part of movable property. If death occurred in occupied territory or in an area of active hostilities, the heir may submit an application to any notary in Ukraine. 

2)Automatic acceptance of inheritance by an heir who permanently lived with the testator at the time the inheritance opened, if during the established six-month period such an heir did not renounce it. 

Important! Cohabitation of the heir with the testator at the moment of opening of inheritance is confirmed either by registration of place of residence of these persons at the same address, or by a court decision, if the registered places of residence of the testator and heir are different. 

3)Automatic acceptance of inheritance by minors, incapacitated persons, or persons whose civil capacity is restricted, except in cases where they renounce the inheritance. 

Important! These persons may renounce inheritance only under the following conditions: 

– minor aged 14–18 – only with the consent of parents (adopters), guardian and guardianship authority; 

– person with restricted civil capacity – only with the consent of guardian and guardianship authority; 

– parents (adopters), guardian – only with the permission of the guardianship authority.) 

Lawyer’s advice

Even in the absence of documents for property or to confirm family ties with the testator, still submit an application to the notary to accept the inheritance within the six-month period established by law. The necessary documents can be restored later extrajudicially or through the court. Failure to submit an application to the notary indicates non-acceptance of the inheritance, as a result of which the inheritance passes to other heirs who have accepted it, or is considered escheated (passes to the territorial community) if heirs are absent or have not accepted it. 

How to accept inheritance on time if you are abroad? 

Detailed guidance on how to accept inheritance for a person abroad is provided in the article “How to apply for inheritance if you are abroad”. 

Consequences of missing the time limit for acceptance of inheritance 

If the six-month period is missed and the heir did not accept the inheritance automatically (by living with the testator at the time of their death), the heir loses the right to the inheritance; they are considered not to have accepted it, and the property passes to other heirs. 

If heirs are absent or did not accept the inheritance, such inheritance may be recognised as escheated and transferred to the territorial community. 

Can the missed deadline be reinstated?  

There are the following ways for an heir who missed the deadline to accept the inheritance: 

1.Out-of-court (by agreement with other heirs). 

If all heirs who have already accepted the inheritance agree in writing to include the person who missed the deadline in the circle of heirs, this is possible. Such an application (consent) of the heirs is executed before the notary who opened the inheritance case. 

2.Court (by filing a claim and obtaining a court decision). 

If other heirs did not consent to including the person who missed the deadline, or if such heirs are absent or did not accept the inheritance, it is necessary to apply to the court with a claim to determine an additional period for acceptance. The court may determine an additional period sufficient for the heir to submit an application if the deadline was missed for reasons recognised by the court as valid. 

What are valid reasons for missing the time limit for acceptance? 

Valid reasons may be recognised by the court if they are related to objective, insurmountable, significant difficulties preventing the heir from performing these actions. The court may recognise either a single reason or a combination of reasons in each individual case if there are objective grounds explaining why the heir could not submit the application to the notary in time and accept the inheritance. According to judicial practice, reasons such as unawareness of the testator’s death or being abroad are not automatically recognised as valid. 

In order to be recognised as valid, two conditions must be met: 

1. The heir faced obstacles (objective circumstances) to timely submit the application for acceptance of inheritance. 
2. These circumstances were recognised by the court as valid. 

What evidence can prove the validity of the reasons? 

Whether the reason for missing the deadline is valid in each specific case is determined by the court. Among the reasons most often recognised as valid: 

1. Being abroad: tickets, passports with border stamps, consular certificates, medical documents, attempts to contact state registration authorities. 
2. Prolonged illness of the heir: medical certificates, hospital records, witness testimony. 
3. Unawareness of the testator’s death: witness testimony, correspondence, documents confirming residence elsewhere. 
4. Belief that no inheritance exists: witness testimony, registry extracts, financial documents, completed enforcement proceedings. 
5. Family conflicts and obstacles created by other heirs: correspondence, witness testimony, statements to authorities. 
6. Loss of documents: applications to registries, archive requests, court filings. 
7. Force majeure: official records of disasters or war, local government confirmation, witness testimony. 
8. Regular military service in the Armed Forces of Ukraine: military ID, certificate from the unit, orders, witness testimony. 

Step-by-step algorithm if the inheritance deadline is missed 

✅ Step 1: Determine the date the inheritance opened (death or official registration). 

The date of death of the testator is the date of opening of the inheritance. From this date, a six-month period for its acceptance is calculated. If the testator died in an occupied territory, the countdown begins from the date of entry of the person's death in the register (issuance of a death certificate).

✅ Step 2: Determine if the six months have passed. 

Count whether more than six months have passed since the date of the testator's death. If so, the deadline has been missed.

✅ Step 3: Check whether other heirs have accepted the inheritance. 

Contact a notary at the place where the inheritance was opened and find out who has already submitted applications.

✅ Step 4: Attempt out-of-court settlement. 

If all heirs agree: formalise written consent with the notary and accept the inheritance. It is important that all heirs provide such consent. If at least one heir objects – proceed to court. 

✅ Step 5: Collect evidence of valid reasons for missing the deadline. 

Evidence depends on the reasons; see the list above. 

✅ Step 6: Apply to the court with one of the following: 

A statement of claim at the place of opening of the inheritance - to determine an additional period for accepting the inheritance, for example, two months: OR A statement in separate proceedings - to establish the fact of residence with the testator at the time of opening the inheritance (at the time of his death) and acceptance of the inheritance. If your residence with the testator at the time of his death is not confirmed by the same place of registration, the fact of such residence can be established in court. This is possible if you actually lived with the testator at the time of his or her death and, among other things, ran a joint household, cared for him or her, maintained the household, purchased medicines and food, paid for utilities, etc. Evidence of actual residence must also be submitted to the court (receipts, payment slips, witnesses, etc.).

✅ Step 7: Obtain the court decision and go to the notary. 

After receiving a positive court decision, the notary issues a certificate of inheritance rights. 

Lawyer’s advice 

1. If you have discovered that the deadline for accepting inheritance was missed, do not delay. Act as soon as possible. The shorter the period missed, the easier it is to reinstate it. 
2. Keep all documents that can prove the validity of reasons for missing the deadline and arrange witnesses who can confirm the circumstances. 
3. Seek legal assistance as soon as possible. A lawyer will help collect evidence and prepare a substantiated court application to protect your rights. 

If you need legal advice or assistance with inheritance matters, you can book a free online consultation with a lawyer via this [link].

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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.