Inheritance Abroad According to Ukrainian Legislation: What You Need to Know

The right to inheritance remains with a person even if they are outside Ukraine and unable to personally contact a notary within our country. Under such conditions, the legislation provides for the possibility of remotely submitting a statement of acceptance of inheritance. This is reported by the Sumy Interregional Department of the Ministry of Justice of Ukraine.

The relevant statement is made through a notary or another authorized official of the country of residence, and can also be done at a Ukrainian consular institution. Documents certified by a foreign notary require proper authentication for use in Ukraine. Depending on international agreements between states, this may be an apostille or consular legalization.

An additional mandatory requirement is the translation of documents into Ukrainian. This is performed by a translator with notarized certification of their signature or directly by a notary, provided they are proficient in the relevant language, ensuring the legal validity of the submitted documents.

Contacting a Ukrainian consular institution to submit a statement of acceptance of inheritance is the optimal solution for persons located in a foreign country. In this case, the document is immediately drawn up in Ukrainian, eliminating the need for apostille or consular legalization, as well as subsequent translation and certification of its authenticity.

It is also possible to submit the statement directly to a notary in Ukraine at the deceased's last place of residence. Based on such an application, the notary opens an inheritance case.

It should be separately noted that the statement can also be submitted in a simplified manner – by mail or electronically using a qualified or enhanced electronic signature. In this case, the notary accepts the document, opens the inheritance case, and informs the heir of the need for further proper formalization of the statement, the authenticity of the signature on which must be certified by a notary or by personal appearance to complete the inheritance rights registration procedure.

All actions related to the acceptance of inheritance must be completed within a six-month period, counted from the day of the inheritance opening (the day of the person's death). It is important to note that the date of submission of the statement is considered the day it is sent by postal service, regardless of the actual time of receipt by the notary.

Acceptance of inheritance through a representative by power of attorney is not allowed by law; such an action must be performed exclusively by the heir personally.

A separate legal category consists of heirs who at the time of the inheritance opening permanently lived with the deceased, as well as minors, underage persons, incapacitated persons, or persons with limited legal capacity. They are recognized as having accepted the inheritance automatically, without submitting a separate statement. In such cases, the basis for opening an inheritance case may be an application for the issuance of a certificate of inheritance rights.

After the expiration of the established period, regardless of the grounds for inheritance (by law or by will), the heir who accepted the inheritance acquires the right to receive a certificate of inheritance rights. To issue this document, it is necessary to apply to a notary with the appropriate application for the issuance of the certificate of inheritance rights.

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