Is it possible to arrange inheritance remotely: what Ukrainians abroad should know

Ukrainians who are abroad and have lost a loved one can arrange inheritance remotely, but it is necessary to comply with the legally established deadlines and procedures. The "Judicial and Legal Newspaper" has gathered the main rules regarding submitting an application for acceptance of inheritance, choosing a notary, processing documents abroad, and actions in case of missing the established deadline.

The law provides that to accept or refuse inheritance, the heir has six months from the day the inheritance opens — the day of the person's death or the day of state registration of death in cases defined by law.

If the application is not submitted within this period, the heir is considered not to have accepted the inheritance.

At the same time, a person who permanently lived together with the deceased at the time the inheritance opened is considered to have accepted the inheritance automatically if they did not submit a refusal application. This fact can be confirmed by an extract from the territorial community register, a certificate of residence registration, or other documents.

How to submit an application from abroad

An application for acceptance of inheritance can be submitted:

• in person to a notary;
• by mail;
• by electronic communication means;
• through a representative who will deliver the application to the notary if it is signed by the heir and notarized.

If the heir is abroad, they can contact a local notary to certify the signature on the application. After that, the document must be translated into Ukrainian, the accuracy of the translation and the translator's signature notarized, and then sent to a Ukrainian notary. In some countries, an apostille or consular legalization of documents may also be required.

Additionally, the application can be processed at a Ukrainian consular institution. In this case, the document is drawn up in Ukrainian and does not require translation, apostille, or legalization.

If the application is sent by mail without notarized signature certification or sent electronically with a qualified electronic signature, the notary opens the inheritance case and informs the heir about the need to provide properly executed documents or to appear in person before the notary.

How to choose a notary

As a general rule, the inheritance case is opened at the last place of residence of the deceased. If it is unknown, the place of opening the inheritance is considered the location of the real estate or its main part.

If the inheritance opened in a territory of active hostilities, temporarily occupied territory, or in a settlement where state authorities temporarily do not fully exercise their powers, any notary of Ukraine may open the inheritance case.

After the case is opened, it is handled by the same notary. It can be changed only in exceptional cases, including termination of the notary's activity or loss of access to state registers.

Is it possible to refuse inheritance

An heir has the right to refuse inheritance in favor of another heir by submitting a notarized statement.

An heir by will can refuse only in favor of another heir by will, while an heir by law can refuse in favor of any heir by law regardless of the order of succession.

Can a representative accept inheritance on behalf of the heir

Submission of an application for acceptance or refusal of inheritance through a representative is not allowed. Such an application must be submitted personally by the heir or sent by mail with a notarized signature.

At the same time, after accepting the inheritance, a representative with a notarized power of attorney may receive the certificate of inheritance right and perform other legal actions if they are clearly specified in the power of attorney.

How to obtain a certificate and re-register property

The certificate of inheritance right is issued after six months from the day the inheritance opens. It can be obtained personally from a notary in Ukraine, at a consular institution abroad, or through a representative by power of attorney.

After that, it is necessary to re-register ownership rights to the inherited property. If needed, these actions can also be performed by a representative.

To arrange a power of attorney abroad, one can contact a Ukrainian consular institution — then the document will immediately have legal force in Ukraine. If the power of attorney is certified by a local notary, it must be translated into Ukrainian and the translation notarized.

What documents are needed

To open an inheritance case, it is sufficient to submit an application for acceptance of inheritance and the death certificate of the deceased.

To obtain a certificate of inheritance right, the notary may also require documents proving the identity of the heir and the deceased, documents on family ties, a will (if available), title documents for the property, a representative's power of attorney, and other documents depending on the specific situation.

What to do if the deadline is missed

If the six-month deadline for accepting inheritance is missed, the law provides two options for its restoration.

The first is to apply to the court requesting an additional period in case of valid reasons. The second is to obtain written consent from all heirs who have already accepted the inheritance for the person who missed the deadline to accept it.

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