Inheriting Without a Will: Rights of Heirs and the Inheritance Procedure
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Inheritance is an important process that ensures the transfer of property from the deceased to their heirs. However, it often happens that the deceased did not leave a will, which can complicate the inheritance process. In such cases, the rules of intestate succession apply, determining the circle of heirs, the procedure for submitting an application, and the distribution of the estate.
This article examines how to inherit without a will and whether it is possible to formalize the inheritance while abroad (remotely). We will cover how the estate is distributed in the absence of a will, the steps heirs must take, and the potential legal challenges that may arise.
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What Is Inheritance Without a Will?
Inheritance without a will is the process by which a deceased person's property is transferred to heirs in accordance with the law when no will exists or it was not properly executed. In such cases, the provisions of civil law apply, determining the order of succession and the procedure for distributing the estate. The main goal of this regulation is to ensure a fair distribution of the inheritance among the deceased’s closest relatives.
If you are faced with the need to claim an inheritance without a will, especially while residing abroad, it is important to consult professional lawyers who can help you understand how to properly exercise your rights to the property and avoid legal complications. In addition, it is essential to prepare and submit the required set of documents in a timely manner. It is also crucial to clarify: if there is no will, who receives the property, and who is legally entitled to it in such a case?
Who Is Entitled to Inherit Without a Will?
When there is no will, the inheritance passes to heirs by law—that is, according to the order of succession established by legislation. Under Ukrainian civil law, there are five lines of succession. Let’s take a look at each of them.
- First: the spouse, parents, and children of the deceased. If they are absent or renounce the inheritance, the right passes to the second line.
- Second: full siblings and grandparents on both sides.
- Third: aunts and uncles of the deceased.
- Fourth: individuals who lived with the deceased as one household for at least five years prior to the opening of the inheritance.
- Fifth: relatives of the deceased up to the sixth degree of kinship inclusive (closer relatives have priority), and dependents of the deceased who were not family members.
Procedure for Inheriting Without a Will
How do you formalize inheritance if there is no will? According to Article 1270 of the Civil Code of Ukraine, heirs are granted six months to accept the inheritance.
Please note! This period begins either on the date of the decedent’s death or from the date a court decision declaring the person deceased takes effect.
During this time, the heir must submit a statement of acceptance of the inheritance to a notary. This must be done in person or by arranging the necessary documents for a representative, if, for example, you are unable to return to Ukraine to claim the inheritance. The place of submission is determined by the last known place of residence of the deceased. If this location is unknown for any reason, the application should be submitted in the area where the main portion of the real estate is located.
What if an heir misses the deadline due to valid reasons? This often happens, for example, due to a prolonged illness or other unforeseen life circumstances. In such cases, the law allows the deadline to be reinstated through a court, which may decide to extend it, usually by several months, if valid reasons for the delay are proven.
Along with the application, the following documents must be submitted:
- The death certificate of the deceased
- Documents confirming kinship (such as a birth certificate, marriage certificate, or name change certificate)
- Title documents for the property (sale or gift agreements, ownership certificates, technical documentation, extracts from real estate registers, documents for land plots or vehicles)
If documents have been lost, they must be restored through the appropriate authorities by obtaining duplicates or by applying to the court.
During the inheritance process, heirs often encounter the need to correct technical errors in documents, such as incorrect spelling of surnames or addresses. The estate may also include land plots undergoing privatization, unfinished construction, or property registered under outdated regulations, all of which require additional legal actions.
In cases where title documents are missing or disputes arise among heirs, recognition of ownership rights to the inherited property is resolved through the courts. This significantly complicates the process and considerably prolongs its duration. Therefore, to avoid potential difficulties and additional expenses, it is advisable to ensure proper documentation confirming inheritance rights in advance.
How Is Inheritance Without a Will Divided?
As noted above, inheritance without a will passes to heirs according to the order of succession established by the Civil Code of Ukraine. The estate is divided proportionally among heirs of the same line, unless a different distribution principle is set by law or a court decision. If disputes arise regarding the right to inherit or the size of an inheritance share, they are resolved in court.
At the same time, if the estate is substantial, heirs may, by mutual agreement, buy out another heir’s share. This helps avoid complications with dividing the inheritance and simplifies its future use, particularly when managing or selling the property.
Specifics of Inheriting Without a Will During Wartime While Abroad
With the introduction of martial law in Ukraine, the inheritance procedure underwent changes. Resolution No. 164 of the Cabinet of Ministers of Ukraine dated February 28, 2022, "Certain Issues of Notarial Procedures Under Martial Law," provided for an extension of the inheritance acceptance period by 4 months. This meant that the total period for submitting an application to accept the inheritance was 10 months from the date of the decedent’s death.
However, the effect of this resolution was time-limited. As of now, it is no longer in force, and the general rules established by the Civil Code of Ukraine apply once again. Therefore, the current period for accepting an inheritance has returned to the standard 6 months from the date of the decedent’s death.
Additionally, the rules regarding the place of document submission have changed. Heirs are no longer required to apply to a notary only at the deceased’s last place of residence; they may submit documents to any notary in Ukraine. If an heir cannot personally submit the inheritance application, a representative may do so with a properly executed power of attorney and a complete set of documents.
Another important change is the registration of the inheritance case in the Inheritance Register before issuing the certificate of inheritance rights. This step prevents violations during the inheritance process and ensures greater transparency and control.
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How to Avoid Problems When Inheriting Without a Will
To avoid problems when inheriting without a will, heirs should collect all necessary documents in advance that confirm family relationships and the deceased’s ownership of the property. These may include birth certificates, marriage certificates, name change records, as well as title documents for real estate, land, or vehicles.
A crucial point is to submit the inheritance acceptance application to a notary on time to avoid missing the legal deadline. We also strongly advise conducting a thorough check for any legal issues, such as debts or encumbrances on the inherited property.
If disputes arise among heirs in the absence of a will, it is advisable to consult a lawyer to resolve the issue out of court. This can help avoid lengthy legal proceedings, additional expenses, and effectively protect the interests of all parties involved.
Legal Assistance in Inheritance Matters
The inheritance process without a will often causes misunderstandings and difficulties, so it is important to have a reliable partner to help resolve legal issues. The lawyers at "Legal Assistance" are always ready to provide qualified support in establishing ownership rights through inheritance, ensuring full compliance with the law.
For our clients, we provide:
- Collection and preparation of all necessary documents for formalizing inheritance rights.
- Establishing and confirming the deceased’s ownership rights to the inherited property in accordance with the law.
- Drafting the application for acceptance of inheritance and providing legal support during interactions with the notary's office.
- Submission of inheritance documents through a power of attorney.
In cases where ownership documents are missing, data errors exist, or disputes arise among heirs, we will conduct a legal analysis of the situation, prepare the necessary legal conclusions, and, if needed, draft a lawsuit for court.
If an heir is outside Ukraine and cannot attend the inheritance opening, our lawyers will represent their interests based on a power of attorney. We will organize the preparation of the inheritance acceptance application, ensure its submission in Ukraine, and handle all further actions, from document collection to communication with the notary and government authorities, on your behalf.
We guarantee an individual approach, professional support at every stage of the inheritance process, and effective resolution of any potential difficulties to ensure that inheriting property without a will proceeds without unnecessary delays or legal risks.
Contact us — we resolve all inheritance matters without a will promptly and with maximum attention to detail, making the process clear and free of errors.
