How to register an inheritance in Ukraine if you live abroad: instructions from the Ministry of Justice
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Ukrainians abroad do not have to return home to accept the inheritance. The main thing is to submit the appropriate application within the established period and submit it to a Ukrainian notary.
This was reported by the Ministry of Justice of Ukraine.
If the heir did not reside permanently with the testator at the time of opening the inheritance, he must submit an application for acceptance of the inheritance.
The general period for this is six months from the date of the testator’s death or from the date on which he was declared deceased.
While abroad, the heir can contact the consular office of Ukraine, where they will certify the authenticity of his signature on the application.
Another option is to apply to a foreign notary. In this case, an apostille or consular legalization, as well as a translation into Ukrainian, may be required for the document to be used in Ukraine.
Specific requirements depend on the country where the document was issued and Ukraine’s international treaties.
After that, the application must be sent by mail to a Ukrainian notary.
It is important that if the document is sent before the end of the six-month period , the application is considered filed on time, even if the notary receives it after this period has expired.
The Ministry of Justice advises you to keep the postal receipt and information for tracking the shipment.
At the same time, it is not possible to submit an application for acceptance of inheritance through a representative by power of attorney, since this is a personal expression of the heir’s will.
How to choose a notary
As a general rule, the place of opening of the inheritance is determined by the last place of residence of the deceased.
If it is unknown, the location of the real estate or its main part is taken into account. If there is no real estate, the location of the main part of the movable property is taken into account.
Separate rules apply to inheritances related to areas of active hostilities or temporarily occupied territories. In such cases, you can contact a notary in the territory controlled by Ukraine.
Before sending documents, the Ministry of Justice advises you to first clarify with the chosen notary whether he will be able to open an inheritance case or attach an application to an already opened one.
What documents may be needed?
To register an inheritance, a notary may request:
- death certificate of the testator;
- documents confirming family ties;
- a will, if inheritance occurs under it;
- documents confirming the deceased’s ownership of the property;
- certificate of the testator’s last place of residence;
- passport and registration number of the heir’s taxpayer registration card;
- other documents depending on the specific inheritance case.
After submitting the application, the heir can already issue a power of attorney for a representative in Ukraine. Such a person will be able to submit documents to a notary and receive a certificate of the right to inheritance within the limits of the powers granted to him.
When is a certificate of inheritance issued?
To complete the procedure, the heir or his representative applies to a notary with an application for the issuance of a certificate of the right to inheritance.
The notary verifies the fact of death, the time and place of opening the inheritance, the grounds for the inheritance, the fact of its acceptance, and the composition of the property.
A certificate of inheritance is issued after a six-month period has elapsed, if all necessary circumstances and documents have been confirmed.
If the inheritance includes real estate, the notary also conducts state registration of ownership.
What to do if six months are missed
If the heir has not filed the application on time, he can check with the notary whether other heirs who have already accepted the inheritance are ready to provide written consent to its late acceptance.
If there is no such agreement, the matter can be resolved through the court. The court has the right to set an additional deadline if the reasons for the absence are considered valid.
The mere fact of a person’s stay abroad is not automatically grounds for renewal of the term.
Recall that earlier in Ukraine, the rules for opening and registering inheritance were changed , in particular, the procedure for determining the place of opening an inheritance and the features of registering property from temporarily occupied territories were clarified.
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