How to apply for inheritance if you are abroad?

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If you wish to initiate the inheritance process after the death of a loved one, you need to contact a notary.


How much time do you have to claim an inheritance?

This must be done within 6 months from the date of the person’s death. However, there are exceptions in cases where:

  • the person died in an occupied territory,

OR

  • was declared deceased by a court.

In such cases, the 6-month period begins from the date of issuance of a Ukrainian death certificate, not the actual date of death.


Where to apply?

The application must be submitted in person to a state or private notary at the last place of residence of the deceased. However, there are specific situations:

If the deceased’s place of residence is unknown.

In this case, the inheritance is opened at the location of the deceased’s property – first real estate (apartment, house), and if unavailable – at the location of the main part of the movable property (vehicle, valuables, etc.).

If the person died in a locality with ongoing hostilities or under occupation.

In this situation, the extraterritorial principle applies – you may apply to any notary in Ukraine, regardless of where the inherited property is located.

To choose a notary in Ukraine, we recommend using the Unified Register of Notaries.


Real-life examples

Example 1. Standard procedure

The person lived and died in Zaporizhzhia. The inheritance case can only be opened by a notary in Zaporizhzhia, even if you now live in Lviv or Kyiv. A notary at your current place of residence does not have the legal authority to process the inheritance in this case.

Example 2. Active combat zone

The person lived in Orikhiv and relocated to Kropyvnytskyi in 2023, where they passed away. Since Orikhiv is located in an active combat zone, during martial

law in Ukraine and for six months after its termination or cancellation, the inheritance case can be opened by any notary in Ukraine.

Example 3. Exceptional procedure

The person died in Melitopol, which is currently under occupation. The first step is to apply to a court to establish the fact of death in the occupied territory. After obtaining a court decision, you must contact the Civil Status Registration Office (DRATS) to receive a Ukrainian death certificate. Only after this step can you apply to a notary. In such a case, you have the right to approach any notary in Ukraine. However, if you are currently outside Ukraine, this does not prevent you from submitting an inheritance application.


Ways for heirs abroad to submit an inheritance application:

1.In person in Ukraine

If you can travel to Ukraine, contact the chosen notary in person, taking into account the territorial specifics described above. In this case, your signature on the application does not require notarization.

2.Submitting the application via email

You may submit the application to the chosen notary by email, signed with a Qualified Electronic Signature (QES).

IMPORTANT: The notary will accept such an application and open the inheritance case, but will later still require one of the following:

  • Send the signed application by mail with notarized signature,

OR

  • Appear in person in Ukraine.

The contact details of state or private notaries can be found in the Unified Register of Notaries. This method is more appropriate in urgent cases where there is a risk of missing the deadline for accepting the inheritance.

3.Signature notarized by a foreign notary

You can have your signature on the inheritance application notarized by a notary in the country where you reside, then send the original application to the chosen notary in Ukraine. It is advisable to agree on the content of the application with the Ukrainian notary in advance.

IMPORTANT:

  • Some countries require an apostille or consular legalization.
  • A notarized translation of the application into Ukrainian is required.

4.Application via a Ukrainian consulate

You may submit your inheritance application through a Ukrainian consulate in your country of residence. The consul will certify your signature on the application. The original must then be mailed to the notary in Ukraine.

IMPORTANT:

  • Usually, a consular fee applies for certifying the signature.
  • No translation is needed if the application is written in Ukrainian.

5.Sending the application in paper or electronic form

You may send the application, prepared in simple written form, to a Ukrainian notary either by mail or electronically.

IMPORTANT: The notary will accept such an application and open the inheritance case, but will later still require one of the following:

  • A notarized original mailed to them,

OR

  • Your personal appearance in Ukraine.

This method is more appropriate in urgent cases to avoid missing the inheritance deadline.


PLEASE NOTE:

  • Simply residing abroad is not considered a valid reason for missing the 6-month deadline!
  • If, as an heir, you permanently lived with the deceased at the time of their death and did not formally reject the inheritance within 6 months, you are considered to have accepted it automatically. In this case, you will need to provide proof of cohabitation with the deceased at the time of their death.
  • Heirs who are under 18, legally incapable, or persons with limited civil capacity are considered to have accepted the inheritance automatically, even if they did not live with the deceased.
  • If you mailed the inheritance application before the 6-month deadline, but the notary received it later – it will still be considered submitted on time.
  • If more than 6 months have passed since the death, but you faced objective, insurmountable, or significant obstacles to applying to a notary, you will need to file a court application requesting an extension of the deadline to accept the inheritance.


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


You can also learn more about this case and NGO "STEP's" work in legal support for the population by visiting this [page].

***

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.

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