Formalisation of inheritance in Ukraine
It is known that inheritance is a type of notarial procedure that anyone may encounter.
Let us consider the basic aspects that a person should know to initiate the procedure of inheritance:
- The inheritance is transfer of rights and obligations from a deceased natural person (referred to as testator) to other persons (referred to as heirs).
- The inheritable property includes everything that belonged to the deceased at the moment of death, i.e. property and encumbered obligations.
- The process of inheritance starts right after the death of testator. However, you may come into inheritance or waive it within the period stipulated by the legislation, in particular within 6 months after the death of natural person and not later! The exception are those heirs who are registered at the same address with the deceased at the moment of death of the latter, or when heirs are minors who are considered as have accepted the inheritance automatically.
- The place for opening an inheritance case is the place of residence of a testator at the moment of his/her death, in other words — the last place of residence. Therefore, a notary who operates in the area of the place of residence of the deceased shall be entitled to open a probate.
- There are two types of inheritance: by law and by will and testament. If the deceased has left a last will and testament and this fact is revealed when inheritance case is opened, the heirs are only those persons who are indicated as such in a will and testament and nobody else, whereas this is the will of the deceased while alive. With no will and testament available, an inheritance will be allocated by law according to the procedure and in order stipulated by the Civil Code of Ukraine.
Therefore, the heirs are obliged to turn to a notary and open an inheritance case within 6 months from the moment of death of a testator; they also may waive an inheritance within the same period, in full or in favour of the other heir. The heirs either accept or waive the inheritance in full. Partial acceptance of inheritance is not allowed by the legislation.
Please keep in mind that opening an inheritance case does not imply that you are the owner of the property of the deceased. The title to the property of a testator may be registered only in 6 months after the death of a testator by obtaining the certificate of inheritance.
Thus, the inheritance procedures are very important. You should comply with the terms stipulated for acceptance of an inheritance.
