Acceptance of inheritance that is under arrest

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Acceptance of inheritance that is under arrest

Reading time: 4 min.

The institution of inheritance relations is extremely important in the civil law of Ukraine. This is explained by the fact that almost every Ukrainian after the death of the testator must issue an inheritance for himself, and thus exercise his right to receive material and immaterial values.

However, in practice, it often happens that during the acceptance of the inheritance, the heirs find out that it is under arrest, which was imposed during the life of the testator.

Therefore, this circumstance complicates the process of obtaining an inheritance as a whole. This shows the relevance of consideration of this topic for today.

In this article, we will consider the question of how to accept an inheritance that is under arrest, which was imposed by the state enforcement service or a private executor.

Why was the inheritance seized?

According to the general rule enshrined in Ukrainian legislation, an arrest is imposed on a person's property through the opening of enforcement proceedings by the executive service.

The concept of property of a person should be understood as money, real estate, or a vehicle, i.e. both all property rights of a person and his separate things that exist in the debtor's possession at the time of the opening of enforcement proceedings.

Therefore, in order to impose property on a person, it is necessary to recognize him as a debtor in court proceedings, and then, in the execution of this court decision, a private or state executor imposes a seizure on all the property of the debtor.

What should be the algorithm of actions in the situation when the inheritance was seized?

To begin with, the heirs must apply to a notary public with an application for acceptance of the inheritance within 6 months from the moment when the last inheritance was opened.

After that, when 6 months have passed, the heirs who submitted the application are considered to have accepted the inheritance, and the notary is obliged to issue a certificate of the right to inheritance to these persons.

When issuing a certificate of the right to inheritance, the notary must check all the documentation regarding the legal ownership of the inherited property to the testator, the absence of a ban or seizure on this property, including the presence or absence of various liens (tax, etc.) according to information in the relevant state registers.

If the inheritance includes immovable property, which is subject to registration in the appropriate order (except - a land plot), then the notary also checks the extract from the Register of ownership rights for this property.

In the event of a situation where inheritance property has been seized, the notary shall delay the issuance of the certificate of the right to inheritance until such seizure is lifted. In addition, if there is a ban on the alienation of real estate, then in this case the notary necessarily informs the creditor that the heirs have been issued a certificate of the right to inheritance.

Therefore, in order to fully accept the inherited property, it is necessary to remove the previously imposed seizure from it by a private or state executor.

How to remove the lien from inherited property?

First of all, you should apply to the enforcement service or a private executor, who imposed a seizure on the inherited property.

In the statement, describe the facts that the testator has died, creditors have no claims to the inherited property, the terms of applying the court decision for its enforcement have expired, and therefore the seizure of the inherited property should be removed.

If the executor refuses to satisfy the application, you need to go to court.

In such a case, in order to remove the attachment from the inherited property, the heir must apply in the procedure of legal proceedings by filing a claim for recognition of the right to ownership of the inherited property and removal of the attachment from it (Court of the Supreme Court of Ukraine, case No. 463/3251/22 dated 05.03.2023).

Inherited property is under arrest and you cannot accept the inheritance?

In the event of such a situation, contact the "Prikhodko and Partners" law office.

Our team will help you remove the attachment from the inherited property, as well as give high-quality advice on issues that will arise in the process of cooperation, as we have many years of experience in the field of inheritance law in Ukraine. Get in touch!

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