Ukrainians can register an inheritance without returning from abroad: what documents are needed and how not to lose property

Ukrainians living abroad can receive an inheritance in Ukraine without returning home in person. To do this, you need to properly complete an application, send it to a Ukrainian notary and adhere to the deadlines established by law. At the same time, missing the deadline for accepting the inheritance can significantly complicate the procedure.

How to accept an inheritance while abroad

According to Ukrainian legislation, an heir who did not permanently reside with the testator at the time of opening the inheritance must submit an application for its acceptance.

The general deadline for this is six months from the date of the testator’s death.

Ukrainians living or temporarily staying abroad can complete the relevant application in two ways.

The first option is to contact the consular office of Ukraine. The consul can certify the authenticity of the heir’s signature on the application.

The second option is to use the services of a foreign notary. In this case, depending on the country of registration, an apostille or consular legalization of the document, as well as a translation into Ukrainian, may be required.

After the signature is certified, the application must be sent by mail to a notary in Ukraine.

It is important that if the application is sent before the end of the six-month period, it is considered to have been submitted on time, even if the notary receives the letter later.

That is why heirs are recommended to keep the postal receipt and documents confirming the date of sending.

Is it possible to register an inheritance through a proxy

The legislation distinguishes between submitting an application for acceptance of inheritance and further registration of inheritance rights.

It is impossible to submit an application for acceptance of inheritance through a representative by power of attorney. The heir must personally sign the relevant document.

However, after accepting the inheritance, a person can authorize a representative in Ukraine to perform further actions.

In particular, a proxy can submit documents to a notary, represent the interests of the heir and receive a certificate of the right to inheritance within the limits of the powers granted.

Thus, most of the procedure can be completed remotely, without spending money on returning to Ukraine.

Which notary should you contact

As a general rule, an inheritance case is opened at the last place of residence of the deceased.

If it is impossible to establish it, the place of opening the inheritance is determined by the location of real estate or other inherited property in accordance with the law.

For inheritance related to temporarily occupied territories or areas of active hostilities, special rules are provided.

In such cases, heirs can contact notaries in the territory controlled by Ukraine, taking into account the current features of registration of inheritance rights.

What documents are required to receive an inheritance

After receiving the application, the notary opens an inheritance case or attaches documents to an already opened one.

For further registration of the inheritance, the following may be required:

Death certificate of the testator.

Passport of the heir.

Registration number of the taxpayer’s registration card.
Birth certificate, marriage certificate or other documents confirming family ties.
Will, if inheritance is carried out by will.
Documents confirming the deceased’s ownership of an apartment, house, land plot or other property.
Documents or information about the testator’s last place of residence.

Depending on the specific situation, the notary may request additional documents.

What to do if the six-month period is missed

If the heir has not filed an application within the established six months and is not considered to have accepted the inheritance in accordance with the law, the situation becomes more complicated.

At the same time, the legislation provides for the possibility of renewing the possibility of accepting the inheritance.

The first method is to obtain the written consent of the heirs who have already accepted the inheritance. If the conditions stipulated by law are met, a person may submit an application to the notary after the general period has expired.

The second method is to apply to the court with a claim for determining an additional period for accepting the inheritance.

However, the court must establish that the reasons for the omission were valid.

At the same time, being abroad in itself does not guarantee a positive decision of the court. It is necessary to prove the existence of circumstances that objectively prevented a timely application.

When can a certificate of the right to inheritance be obtained

After the six-month period has expired and the necessary documents have been verified, a notary may issue a certificate of the right to inheritance.

It is important to understand that the legislation does not establish a general deadline for obtaining such a certificate.

That is, an heir who has accepted the inheritance in a timely manner can complete its documentation later.

The main thing is not to miss the deadline for submitting an application for acceptance of the inheritance. This stage is crucial for preserving inheritance rights.

Thus, Ukrainians who are abroad have the opportunity to register inheritance rights remotely. To do this, it is enough to timely contact a consulate or a foreign notary, properly certify the application and send it to a notary in Ukraine.