Main points
- Heirs who are abroad can submit an application for acceptance of inheritance by mail with a notarized signature and a translation into Ukrainian.
- The most convenient way is to delegate the process of accepting the inheritance to a representative by power of attorney to collect documents and communicate with the notary.
Inheritance on Earth / Photo Getty Images
Currently, situations where Ukrainians are forced to stay abroad due to hostilities are quite common. However, no one has canceled urgent everyday issues, and quite often among them is the registration of inheritance for land.
Algorithm of actions of an heir when inheriting land
Lawyer Artem Chekalenko, in a commentary for Channel 24, said that the need for heirs who are abroad to register an inheritance, in the current circumstances, when there are so many Ukrainian citizens abroad, is an understandable request and is expected to raise certain questions. According to him, even within the same state, many obstacles and misunderstandings can arise in the inheritance process.
The procedure for accepting an inheritance is generally regulated by Book Six of the Civil Code of Ukraine and should take place as follows.
Stage 1. Establishing the fact of opening the inheritance
Determining the date of opening the inheritance. According to Article 1220 of the Civil Code of Ukraine, the inheritance is opened on the day of the testator's death or on the day from which he is declared deceased.
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Next, it is necessary to determine the place of opening the inheritance. According to Article 1221 of the Civil Code of Ukraine, the place of opening the inheritance is the last place of residence of the testator. However, if the place of residence is unknown, the inheritance is opened at the location of the real estate, in our case, the land plot.
Collection of other information regarding the inheritance.
Artem Chekalenko
lawyer of the real estate and land law practice of the Law Firm Result
It is advisable to collect information on the presence or absence of a will, the order of inheritance, and the presence or absence of heirs with the right to receive a mandatory share of the inheritance. It is also important to make sure that the deadlines for accepting the inheritance, established by Article 1270 of the Civil Code of Ukraine, have not been missed. The deadline for accepting the inheritance is 6 months from the date of the testator's death.
Stage 2. Submission of an application for acceptance of inheritance.
Collection of documents. To submit an application for acceptance of inheritance, it is necessary to collect and add to the application for acceptance of inheritance:
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death certificate;
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heir's passport, certificate of assignment of an identification code, extract from the demographic register (if the passport document is an ID card or if the mark in the passport about the place of registration does not correspond to the current one);
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documents confirming family relationships (if inheritance occurs by law – mandatory);
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will (if any);
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title documents regarding inherited property (this may be a state act on land ownership, a land purchase and sale agreement, a certificate of inheritance, etc.);
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extract from the State Land Registry (cadastral number);
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extract from the Register of Property Rights (if available).
Submission of an application for acceptance of inheritance. According to the general rule established by Article 1269 of the Civil Code of Ukraine, the heir submits a written application to the notary at the place of opening of the inheritance in person.
For heirs living abroad, the following options actually exist:
Come to Ukraine in person and submit an application for acceptance of the inheritance.
Submit an application by mail:
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The heir applies to a local notary in the country of residence.
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The signature on the application is notarized.
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A translation into Ukrainian is being ordered.
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The document is sent to a notary in Ukraine.
Important! However, in this case, you will still have to go to Ukraine to obtain a certificate of inheritance when the notary's work is completed, or delegate the receipt of the certificate of inheritance to a representative by power of attorney.
Submit an application by mail, and delegate the completion of the inheritance acceptance process to a representative by power of attorney (the most practical option for persons abroad). Delegating the inheritance acceptance process to a representative by power of attorney is the most convenient way to collect information, communicate, submit and receive documents, register rights, etc., to save time, effort, and avoid the need to come to Ukraine in person.
Important! the application for acceptance of inheritance itself is an expression of the will of the heir, and the law emphasizes the individuality of the application and the need for notarization of the signature if the application is submitted not in the presence of the notary to whom it is submitted, but by mail. Therefore, this option contains all the same steps as in option 2, but in addition, the heir draws up a power of attorney at a local notary (with an apostille) and sends it to Ukraine to his representative.
Stage 3. Obtaining a certificate of the right to accept inheritance
After submitting the application, within six months after the opening of the inheritance, the heir (or representative by power of attorney) receives a certificate of the right to inheritance.
Therefore, the heir's stay abroad does not make the process of receiving the inheritance impossible, although this circumstance makes this process a little more complicated. Without the heir's physical return to Ukraine, there are other options for doing this “remotely”. You can either submit the relevant application by mail and return to the country solely to receive a certificate of the right to inheritance, or choose a representative who will complete this work in the interests of the heir after submitting the application,
– said Artem Chekalenko.
Important! The main thing, according to him, is not to delay and not to miss the deadlines established by law . Given this, he advises sending the application by mail and further work through a representative by power of attorney as a priority option.
No queue, but with restrictions: how can servicemen get land?
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Military personnel have the right to priority land acquisition, but there are restrictions during martial law.
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To submit an application for the development of a land management project, military personnel must provide a number of documents, including a petition, a copy of their passport, and confirmation of their right to benefits.