Missed the inheritance registration deadline: how to restore your property rights without court
Heirs who failed to accept the inheritance within the six-month period established by law do not always lose their rights to the property. In some cases, the inheritance can be formalized without a court, and if there are valid reasons — through the court.
According to Article 1270 of the Civil Code of Ukraine, the inheritance must be accepted within six months from the date of the decedent’s death or from the date the court decision declaring the person deceased takes legal effect.
At the same time, the law provides an exception. If the heir permanently lived with the decedent at the time of death and did not refuse the inheritance, they are considered to have accepted it automatically. In this case, it is possible to apply to a notary for the certificate even after the six-month period has expired.
If the heir lived separately, they are obliged to personally or through a representative submit an application to the notary to accept the inheritance within the period established by law.
Lack of documents for an apartment, house, or land plot should not be a reason for delay. First of all, it is necessary to submit an application for acceptance of the inheritance, and missing documents can be provided later.
To open an inheritance case, usually a passport, identification code, death certificate, documents proving family ties with the decedent, as well as a will, if any, are required.
If the heir did not submit an application within six months and does not belong to persons who automatically accepted the inheritance, they are considered not to have accepted it. In this case, the inherited property passes to other heirs who registered their rights on time. If there are no heirs, the property may be recognized as ownerless inheritance and transferred to the ownership of the territorial community.
It is possible to restore the right to inheritance without court proceedings if all heirs who have already accepted the inheritance provide written consent. After that, the person who missed the deadline can apply to the notary with the appropriate application.
If such consent is not available or there are no other heirs, it will be necessary to apply to the court with a claim to determine an additional period for accepting the inheritance.
As previously written by the "Judicial and Legal Newspaper", not everyone knows that Ukrainian legislation allows a will to be made so that its content is unknown to anyone — even the notary — until the inheritance is opened. This possibility is provided by the Civil Code of Ukraine and allows maximum protection of a person’s last will from outside interference. To do this, it is enough to prepare the text of the document independently, seal it in an envelope, and submit it to the notary under a special procedure. Such a document is called a secret will and has a special procedure for certification and storage.
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