Publication date: 15.07.2024
Inheritance law: the procedure for inheritance registration in Ukraine
Introduction
Inheritance law is an important part of civil law that regulates the transfer of rights and obligations of a deceased person to his or her heirs. In Ukraine, the procedure for inheritance is set out in the Civil Code of Ukraine and other regulations. In this article, we will review the detailed procedure for inheritance, including the stages, necessary documents and practical advice for heirs.
Grounds for inheritance
Inheritance by law
Inheritance by law occurs in cases where the deceased did not leave a will or the will was declared invalid. The heirs by law are the persons defined in the Civil Code of Ukraine, who are divided into lines depending on the degree of kinship with the deceased:
- First line: children, spouse, parents.
- Second priority: siblings, maternal and paternal grandparents.
- Third priority: uncles and aunts.
- Other lines of succession: other relatives up to the sixth degree of kinship, dependents of the deceased who were not family members.
Inheritance by will
Intestate succession occurs on the basis of the deceased's will, as set out in the will. A will may be made in favour of any person, regardless of the degree of kinship. The testator has the right to dispose of all or part of his or her property at his or her own discretion.
The procedure for inheritance registration
1. Opening an inheritance
The inheritance process begins with the opening of the inheritance, which occurs at the time of the testator's death. The inheritance is opened at the place of the deceased's last residence or at the location of the bulk of his or her property.
2. Submission of an application for inheritance
The heirs must submit an application for inheritance to the notary at the place of opening the inheritance within six months from the date of the testator's death. If this period is missed, the heirs may apply to the court to restore the missed period.
3. Establishing the composition of the inheritance
The notary establishes the composition of the inheritance on the basis of the submitted documents and certificates. This includes immovable and movable property, cash, securities, rights of claim, debt obligations, etc.
4. Registration of inheritance rights
Once the composition of the inheritance is established, the notary issues a certificate of inheritance. This certificate is the basis for state registration of rights to immovable property, re-registration of vehicles, obtaining funds from banks, etc.
5. Registration of ownership rights
Heirs must register their rights to inherited property in state registers. To do so, they submit documents to the relevant authorities, including a certificate of inheritance, property documents, passports and identification codes.
Documents required
To claim an inheritance, heirs need to prepare the following documents:
- Application for inheritance.
- Death certificate of the testator.
- Documents confirming kinship (birth certificate, marriage certificate, adoption certificate, etc.).
- Will (if any).
- Documents for inherited property (real estate ownership, vehicle documents, bank statements, securities, etc.)
- Passports and identification codes of the heirs.
Practical advice for heirs
Applying to a notary
It is recommended that you contact a notary immediately after the death of the testator for advice and to start the inheritance process. The notary will help you identify the necessary documents, draw up an application and ensure that your inheritance rights are correctly registered.
Collection of documents
Collect all the necessary documents confirming family ties, property rights and other important information in advance. This will help avoid delays and simplify the inheritance process.
Restoring the missed deadline
If the deadline for accepting an inheritance has been missed, apply to the court for its restoration. You should prepare substantiated evidence of the reasons for missing the deadline (illness, business trip, lack of information about the death, etc.).
Registration of a joint inheritance
If there are several heirs, it is important to agree on the division of the inherited property. This can be done by entering into an agreement between the heirs or by going to court in case of disputes.
Registration of rights to inherited property
After receiving the certificate of inheritance, register your rights to the inherited property in the state registers. This is necessary to confirm your ownership and the ability to dispose of the property.
Payment of taxes and fees
Remember to pay taxes and fees related to inheritance. This includes the state duty for issuing a certificate of inheritance, inheritance tax (in cases provided for by law) and other possible expenses.
Inheritance disputes and their resolution
In the event of inheritance disputes, it is recommended to apply to court for their resolution. Litigation may include:
- Recognition of a will as invalid.
- Identification of additional heirs.
- Appealing against the actions of a notary or other heirs.
- Resolving issues related to the division of inherited property.
Conclusion.
Inheritance in Ukraine is a complex process that requires compliance with the procedure established by law and preparation of the necessary documents. It is important for heirs to contact a notary for advice and assistance in formalising their inheritance rights, collect all the necessary documents and register their rights to inherited property. Following these recommendations will help avoid problems and simplify the inheritance process.
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