Question 1

How much time is allowed to accept an inheritance, and what happens if the deadline is missed?

Accepted Answer

- Deadline: According to Article 1270 of the Civil Code of Ukraine (CCU), the statutory period for accepting an inheritance is 6 months from the date of the individual's death.
    
- Important: The temporary rule that extended this period by 4 months during martial law has been repealed. Currently, the standard 6-month deadline applies strictly across all regions.
    
- Consequences of missing the deadline: If an heir did not permanently reside with the deceased at the time of death (which constitutes automatic acceptance) and failed to submit an application to the notary within 6 months, they forfeit the right to inherit (are deemed to have rejected the inheritance).

Question 2

Can the deadline for accepting an inheritance be extended if missed?

Accepted Answer

- Judicial Procedure: Yes, by filing a lawsuit to request an additional period for submitting the application. The court will grant the extension only if there are compelling and valid reasons for the delay (e.g., prolonged severe illness, being held captive, hospitalization, long-term business deployment abroad). A lack of legal awareness or residing in another city are not recognized as valid reasons by the court.

Question 3

What documents are required to register an inheritance with a notary?

Accepted Answer

- To open an inheritance file (first visit):
    
    - Death certificate of the deceased (original).
        
    - Passport and Tax ID (RNOKPP) of the heir.
        
    - Documents proving family relations (birth certificate, marriage certificate) or the original copy of the will.
        
    - Certificate of the last registered residence of the deceased (to determine the legal jurisdiction for opening the file).
        
- For the subsequent issuance of the Certificate of Inheritance (second stage): Title deeds and ownership documents for the property (purchase agreements, state land acts, registry extracts, etc.).

Question 4

Who are the first-priority heirs if there is no will?

Accepted Answer

- Pursuant to Article 1261 of the CCU, the first priority of heirs by law consists of:
    
    1. Children of the deceased (including those born alive after their death, as well as adopted children).
        
    2. The surviving spouse (legally registered marriage).
        
    3. Parents of the deceased. All heirs of the same priority line are entitled to equal shares of the estate.

Question 5

What is an obligatory (forced) share, and who is entitled to it even if a will exists?

Accepted Answer

- An obligatory share is a statutory right to a portion of the deceased’s estate designed to protect vulnerable relatives, even if the entire estate was willed to someone else (Article 1241 of the CCU).
    
- The following individuals are entitled to an obligatory share:
    
    - Minor, underage, or adult incapacitated children of the deceased.
        
    - An incapacitated widow or widower.
        
    - Incapacitated parents (individuals with Category I, II, or III disabilities or those who have reached the statutory retirement age).
        
- > Size of the share: They are entitled to half (1/2) of the share that would have naturally belonged to each of them under intestate succession (in the absence of a will).

Question 6

How can a will be contested, and under what circumstances will a court declare it invalid?

Accepted Answer

- Contesting a will is done exclusively through judicial proceedings after the testator’s death. A court may rule a will invalid if:
    
    - It is proven that at the time of drafting the will, the person did not understand the nature of their actions and/or could not control them (due to mental illness, severe medical conditions, or the influence of heavy medication). A post-mortem forensic psychiatric evaluation is typically ordered.
        
    - The will was executed under the influence of duress, threats, or fraud.
        
    - The formal legal requirements of the will were violated (e.g., missing signature, certified by an unauthorized official, or lack of mandatory witnesses where required by law).

Question 7

Can an heir be disqualified from inheriting, and on what grounds?

Accepted Answer

- Yes, through a court order based on Article 1224 of the CCU. The following persons are barred from inheriting:
    
    - Persons who intentionally deprived the testator or any potential heir of their life (or attempted to do so).
        
    - Persons who intentionally obstructed the drafting, amendment, or revocation of the will.
        
    - Parents whose parental rights over the deceased child were terminated and not legally restored.
        
    - Persons who willfully evaded their legal obligation to support and maintain the testator (if such an obligation was mandated by a court order, e.g., child or parental alimony).
        
    - By court ruling — if a person systematically failed to provide aid to a testator who, due to old age or severe illness, was in a helpless state.

Question 8

What is an inheritance contract, and how does it differ from a will?

Accepted Answer

- Will: A unilateral legal act. The beneficiary becomes the owner of the property solely after the testator's death. A will can be altered or revoked daily without the beneficiary's knowledge.
    
- Inheritance Contract: A bilateral agreement. One party (the acquirer) undertakes to fulfill the instructions of the other party (the alienator) — e.g., buying medicine, paying utility bills, or providing care. An encumbrance (prohibition of alienation) is immediately placed on the property in the state registry (the owner cannot sell or gift it to anyone else). Ownership transfers to the acquirer upon the alienator's death, but terminating such a contract unilaterally without a court order is extremely difficult.

Question 9

How do you inherit a share in an LLC or a business?

Accepted Answer

- The notary issues a Certificate of Right to Inheritance for the share in the charter capital of the LLC (defined in percentages and monetary value).
    
- Important: The transfer of the right to a share does not automatically grant the status of a corporate member (unless otherwise explicitly stated in the company's Articles of Association).
    
- Armed with the certificate, the heir applies to the general meeting of the LLC or directly to the state registrar to amend the Unified State Register (EDR). Under updated legislation, if the charter does not contain restrictions, the heir has the right to join the company as a member without a mandatory vote from the other business partners.

Question 10

Are debts inherited along with the assets?

Accepted Answer

- Yes, but with strict limitations. According to Article 1282 of the CCU, heirs are obligated to satisfy the claims of the deceased's creditors (loans, mortgages, utility debts), but strictly within the value of the property received through inheritance.
    
- > If the deceased left debts totaling 500,000 UAH, but the only asset you inherited was a car valued at 200,000 UAH, you are legally required to repay the bank a maximum of 200,000 UAH. You are not liable for the deceased's debts with your personal funds. If there are no assets at all, the debts are write-offs.

Question 11

How do you register an inheritance if the property was not registered under the name of the deceased?

Accepted Answer

- If the deceased owned property (e.g., built a house or received a land share) but failed to properly register the title deed in the State Register of Rights to Real Estate (DRRP), the notary will issue a formal refusal to grant a certificate of inheritance due to the lack of title documents.
    
- The Solution: The heir must file a lawsuit in court seeking judicial recognition of ownership rights over the property through inheritance. Documents proving that the deceased acquired the property legally (orders, old technical passports, archival certificates, collective farm decisions) must be submitted to the court. The court's judgment effectively replaces the notary's certificate.

Question 12

How do you register an inheritance after a deceased service member?

Accepted Answer

- In addition to the standard set of documents, the heir must provide the notary with an official Notice of Death (Casualty Notification) issued by the Territorial Center of Recruitment and Social Support (TCC), or an extract from the military unit's personnel orders removing the soldier from active lists due to death.
    
- A service member's will can be certified not only by a notary but also by the commander of their military unit (such wills hold full legal validity and are transmitted via the Ministry of Justice to the Inheritance Register).
    
- Heirs are exempt from paying state duties/fees for the issuance of a certificate of inheritance for property left by those who died defending the Homeland.

Question 13

How do you declare a missing service member deceased through court?

Accepted Answer

- If a service member went missing during active combat and this is officially recorded (there is a TCC notification stating "Missing in Action under Special Circumstances"):
    
    - Pursuant to Article 46 of the CCU, if an individual went missing in connection with hostilities, they may be declared deceased by a court after 2 years from the official date of the cessation of hostilities.
        
    - Expedited Procedure (6 months): If specific circumstances indicating an imminent threat of death are known (e.g., a direct shell hit on a dugout, the sinking of a vessel, confirmed by an official military unit inquiry and eyewitness accounts from fellow soldiers), a petition may be filed after 6 months from the occurrence of the event. The court's ruling serves as the basis for registering the death with RACS (Civil Registry) and subsequently opening the estate.

Question 14

What happens to the deposited military pay of a missing service member?

Accepted Answer

- Military pay (including extra allowances, such as the 100,000 UAH combat bonus) that was deposited and left unpaid due to the service member going missing does not automatically enter the estate under general probate rules.
    
- Under current Ukrainian law, family members (spouse, adult children living with them, or parents) have the right to receive these funds monthly by submitting an application to the commander of the military unit until the service member is officially declared deceased or released from captivity. Only if no relatives apply for these payouts within the statutory timeframe can these funds be included in the general estate after the individual is judicially declared deceased.

Question 15

Can you register an inheritance for property located in occupied or de-occupied territories?

Accepted Answer

- Yes, you can. For the duration of martial law in Ukraine, the principle of extraterritoriality applies to opening inheritance cases.
    
- You can approach any public or private notary in Ukraine-controlled territory (e.g., in Kyiv or Lviv) to open an inheritance file for property located in Mariupol, Berdiansk, or the de-occupied regions of Kharkiv and Kherson. The notary will access the electronic registries. The issuance of the certificate for real estate will take place after verifying the status of the property.

Question 16

What should you do if a notary refuses to issue a certificate of inheritance?

Accepted Answer

- Demand that the notary issue an official legal document: a Resolution on the Refusal to Perform a Notarial Act specifying the exact legal grounds (e.g., missed deadline, lack of documentation, a typo in a surname). Verbal refusals carry no legal weight.
    
- Appeal the notary's resolution in court. Depending on the reason for the refusal, you will either file a lawsuit to recognize ownership rights through inheritance or a petition to establish a legal fact (such as proving family ties or correcting an error in a title deed).

Question 17

What happens during the initial consultation, and what documents should I bring?

Accepted Answer

- Consultation Format: The attorney performs a comprehensive legal analysis of your situation: checks whether the 6-month deadline has been breached, determines the statutory priority of heirs, and evaluates conflicts between a will and intestate law (identifying individuals entitled to forced shares). A clear, step-by-step action plan is mapped out — whether you should head straight to a notary, retrieve archival records, or draft a lawsuit for court.
    
- What documents to bring (originals or copies):
    
    - Passport and Tax ID card (RNOКПP) of the applicant.
        
    - Death certificate of the deceased (if available).
        
    - Any documents proving your family relationship to the deceased (birth, marriage, divorce, or name-change certificates).
        
    - The original copy of the will (if inheriting under a will).
        
    - Title deeds/documents for the remaining assets (extracts, technical passports, state acts) — even if they are outdated or contain typos.
        
    - For military cases: notifications from the TCC or official military inquiry reports.

Service	Price
Oral Consultation	Free
Express Analysis of Inheritance Matter & Documents	from $20
Written Legal Consultation with Legal Opinion	from $25
Attorney’s Statutory Request (to notary, registry, state authority)	from $30
Preparation of Document Package for the Notary	from $50
Drafting a Will or an Inheritance Contract	from $50
Drafting a Petition to Extend the Deadline for Inheritance Acceptance	from $60
Drafting a Lawsuit to Recognize Ownership Rights over Inherited Property	from $100
Drafting a Lawsuit to Declare a Will Invalid	from $100
Drafting a Lawsuit for the Division of Inherited Property	from $100
Drafting a Petition to Establish the Fact of Death / Family Relations	from $75
Turnkey Support for Military Inheritance (All-Inclusive Pack)	from $150
Representation in the Court of First Instance (Inheritance Dispute)	from $220
Drafting an Appellate Complaint	from $120
Representation in the Court of Appeals	from $250
Cassation Appeal to the Supreme Court	from $220
Representation before the Supreme Court	from $320

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