Receiving inheritance in Ukraine. Legal advice
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What we offer
- Perform a legal analysis of the client's situation regarding their inheritance.
- Offer consultations on inheritance and the initiation of probate proceedings.
- Assist in drafting wills or inheritance agreements.
- Help initiate and guide the inheritance process.
- Assist with tax payments and the re-registration of inherited property.
- Aid in obtaining expert assessments, technical passports, and other necessary documents.
- Collaborate with our trusted notaries, allowing us to arrange for a notary and organize wills.
- Assist in resolving inheritance matters through legal proceedings.
Documents required for accession to the heirship/execution of testamentary documents
How much time is allowed for the inheritance process?
The statutory timeframe for accepting an inheritance is generally 6 months from the date of the testator's death. There may be instances of deadline extensions, but these are handled on a case-by-case basis. Therefore, it is advisable to submit an application or commence the probate process within the initial 6-month period.
What documents are needed for the inheritance procedure in Ukraine?
Let's divide the inheritance process into several stages.
At the stage of inheriting and opening the probate case, the following documents are necessary:
- Death certificate of the testator.
- Documents confirming the familial relationship, such as birth certificates of heirs or marriage certificates with the testator, and so on.
- Declaration for accepting the inheritance (personally signed by the heir, notarization required if submitted by representatives).
- Passport (ID or any other document), and the identification code.
- Will, if any.
While the listed items are the main requirements, in some cases, the list may vary due to the need for additional documents.
When re-registering inherited property, heirs should provide:
- Legal documents for real estate and documents for movable property.
- Tax payment certificates (if there is a tax obligation).
- Power of attorney for representatives.
Service packages offers
- Analysis of the Client's situation and available documents
- Providing oral advice on inheritance (or the method of inheritance transfer, if the service is provided to the testator), inheritance taxation
- Selection of the optimal algorithm of actions for the Client in his situation: calculation of risks and options for steps that the Client can take independently
- Conducting a zoom with the client and agreeing on the further course of action
- Search of inherited property according to open data
- Analysis of the situation and documents, including to the property of the testator
- Formalization of the relationship between the testator and the heir
- Organization of drafting and certification of a will by a notary, including - organization of the notary's visit to the testator
- Analysis of the situation and documents, including to the property of the testator
- Formalization of the relationship between the testator and the heir through a life maintenance contract
- Organization and support of the contract certification at our notary
Stage 1: (cost - 300 USD)
- Analysis of the situation and provision of advice on the Client's situation
- Determination of the steps to support the case, the scope of the lawyer's obligations
- Search and formation of documents for inheritance
- Organization of inheritance opening at a notary (Kyiv)
- Accompanying the inheritance case at the notary
- Organization of property appraisal
- Accompanying the entry into the inheritance and obtaining a certificate on the opening of the inheritance case
- Support of inheritance and re-registration of property.
Stage 1: (cost - 300 USD)
- Analysis of the situation and provision of advice on the Client's situation
- Analysis of court practice and construction of the relevant legal position
- Determination of the steps to support the case, the scope of the lawyer's obligations
- Drafting a statement of claim, response and other procedural documents
- Opening of proceedings in the case
- Protection of the Client's interests in court
How to inherit during wartime?
Inheriting during wartime is indeed possible. Although initially faced with challenges due to non-functional registries, the inheritance process is now unimpeded.
However, if you’re yourself abroad, appointing a representative to act on your behalf before a notary becomes necessary. This representative will undertake all essential actions, facilitated by the issuance of a power of attorney, the template of which we will prepare for you.
What happens if you reject an inheritance?
If you fail to meet the deadlines for accepting an inheritance, you can attempt to reinstate them through legal proceedings, provided there are valid arguments to support such a claim.
In the presence of other heirs who have accepted the inheritance, they may inherit the portion that would have been allotted to you had you not missed the deadlines.
Property for which no one has asserted inheritance rights may be deemed abandoned and transfer to the ownership of the respective territorial community.
Legal Consultation on Inheritance Procedures in Ukraine
If you have acquired an inheritance in Ukraine or find yourself in the need to inherit property, and if you wish to designate specific assets to particular individuals or foreigners but are uncertain about the correct procedures or are facing challenges in the inheritance process for specific reasons, do not hesitate to contact our experts for an introductory consultation. During this consultation, we will:
- Analyze your case and address your inquiries.
- Provide guidance on subsequent steps and procedures.
- Offer insights into the costs of services and associated expenditures.
- Devise an optimal action plan.
Why us
We are ready to help you!
Contact us by mail [email protected] or by filling out the form:How to determine the order of inheritance?
In Ukraine, inheritance is governed by both statutory rules and wills. While the distribution of assets through a will is clear-cut, inheritance based on statutory rules involves the following order of succession:
- First order of heirs: The children of the deceased, including those conceived during their lifetime and born after their death, the surviving spouse, and the parents.
- Second order of heirs: Siblings of the deceased, as well as grandparents on both the paternal and maternal sides.
- Third order of heirs: Aunts and uncles of the deceased.
- Fourth order of heirs: Individuals who lived with the deceased in one family for at least five years before the inheritance is opened.
- Fifth order of heirs: Other relatives of the deceased up to the sixth degree of kinship, including dependents of the deceased who were not family members. Closer relatives in this order exclude more distant relatives from the right of inheritance.
In matters of inheritance, correctly establishing your position in the order of succession is crucial. Despite the widespread belief that grandchildren have an unequivocal right to inheritance, they are placed within the order of succession up to the 5th position. Conversely, the civil partner of the deceased, whether husband or wife, is classified within the 4th order.
To determine your place in the order of inheritance, it is essential to prepare the relevant documents that confirm your affiliation with a particular order. These documents may include a birth certificate, marriage certificate, evidence of cohabitation, and so forth.
Who is entitled to inherit without a will?
In the absence of a will, inheritance follows legal provisions. In such cases, the right to inherit is granted to five classes of heirs if they accept the inheritance and submit the necessary documents.
What is not included in the inheritance?
- Personal non-property rights.
- The right to participate in societies and membership in citizen associations, unless otherwise specified by law or their founding documents.
- The right to compensation for harm caused by injury or other health impairments.
- Rights to alimony, pensions, benefits, or other payments established by law.
- Rights and obligations of a person as a creditor or debtor.
Inheritance Processing Procedure
To initiate the probate process, one should submit an application to the relevant notary. It is important to note that if another heir has already opened the probate case, it is necessary to approach the same notary handling that specific case.
After submitting the application and accepting the inheritance, obtain an extract from the inheritance registry and a certificate detailing the heirs.
Once the deadline for other heirs to accept the inheritance has passed, you can begin the process of re-registering the inherited property. The legislation does not specify a timeframe for the re-registration of inherited property.
What to do after receiving the certificate of inheritance rights?
After the inheritance property has been processed, the heir is free to manage it at their discretion.
Automatic Inheritance Acceptance
Automatic acceptance of inheritance occurs when an heir, who has been residing with the deceased for a continuous period of 6 months, does not refuse the inheritance.
Inheritance Acceptance Statement
A written document submitted by the heir to accept the inheritance. The statement is notarized if submitted by a representative, or it can be drafted in the presence of the notary handling the probate case. Our legal experts will assist not only in preparing the statement but also in guiding through the entire necessary process with it.
Answers to frequently asked questions
A civil wife falls under the criterion of the fourth line of hereditary succession defined in Article 1264 of the Civil Code: a person who lived with the testator as a family for at least five years before the commencement of succession. She is entitled to inherit only if there are no other persons from the previous three lines of hereditary succession.
The Civil Code stipulates that the testator may freely dispose of his/her property, including by depriving all his/her heirs of the right to inherit by law, as well institute one or several natural persons as his/her heirs irrespective of any family relations. This is the right of the testator, which, in principle, makes no sense to dispute. However, there are exceptions: there is a circle of persons who cannot be deprived of the right to inherit. In their case, it makes sense to assert their rights before the court.
Which notary deals with inheritances?
While any notary can handle inheritance matters, not all may specialize in such cases. Therefore, it is recommended to work with notaries who have direct experience in the field of inheritance. We know such notaries.
How to formalize inheritance without documents?
It is quite common for heirs to lack legal documents for the inherited property. In such cases, obtaining duplicates for the assets becomes necessary. If the inheritance involves property tax payment, especially for foreigners, additional preparation of an appraisal report, and possibly other documents, may be required.
However, the general approach is that if the required documents are not available, efforts should be made to either recover or recreate them.
Procedure for Formalization and Inheritance Acquisition in Ukraine: Inheritance Consultation
The result of the consultation is to clarify the client's legal rights and obligations in a language they understand when transferring or accepting an inheritance. It also involves providing the client with specific advice that maximally guarantees their interests. Each consultation is tailored to the individual.
During the consultation, you can learn, among other things, the advantages and disadvantages of transferring your property to heirs through a will, the options for testamentary refusal, inheritance agreements, lifetime support agreements, and more. It also covers personal preferences compared to other heirs, mandatory shares, and when it might be advisable to decline an inheritance.
Legal Assistance in Securing Inheritance Rights in Ukraine
Our company's lawyers will promptly:
- Analyze your situation and the documents you possess.
- Assist in the restoration of legal documents for the property if they were unexpectedly lost by the deceased.
- Facilitate the notarial re-registration of the inheritance in your name.
Assistance in Drafting a Will, Entering into an Inheritance Agreement, or a Lifetime Support Agreement
If you feel that your property should not be distributed among heirs according to the order and priority set by law, you can manage it according to your preferences. In some cases, it may be beneficial, even with children, to enter into a lifetime support agreement, especially if they reside abroad and financially support you. There's no hidden agenda here; you are simply facilitating the conditions for them to inherit the property when the time comes.
Inheritance Proceedings through the Court
Inheritance essentially involves the transfer of property. Unfortunately, conflicts often arise during inheritance, whether among heirs or between creditors and heirs, and so forth. Typically, these issues can be resolved amicably. Our company's lawyers have experience in settling such disputes. However, when a peaceful resolution is not possible, resorting to the courts becomes necessary.
There are situations where court intervention is required even in non-contentious circumstances. For instance, it may be necessary to confirm a family connection due to incorrect entries in a passport or birth certificate, loss of documents, etc. These are known as cases of establishing facts with legal significance. Sometimes, it is necessary to judicially restore a missed inheritance deadline.
Our company's lawyers have extensive experience in resolving inheritance cases in court. The issues related to entering into inheritance in Ukraine are relevant for a significant number of foreigners.
No matter how saddened we may be by the loss of loved ones, this fact gives rise to certain legal consequences, with the primary one being the right to inherit.
At first glance, this may seem like a straightforward procedure that doesn't raise many questions. However, practical experience indicates the existence of nuances. Understanding and correctly utilizing these nuances can help fully realize and protect one's inheritance rights.
Furthermore, correctly processed inheritance will safeguard you from potential negative outcomes.
Please note! Upon receiving an inheritance, there is a question of inheritance tax in Ukraine. That's why it is necessary to engage a specialist not only in civil law but also in taxation for the inheritance process.
A detailed and comprehensive exploration of all the nuances related to the exercise of the right to inherit in Ukraine enables us to effectively address the needs of our clients.
If you need to formalize inheritance in Ukraine, feel free to reach out to us!
