How to arrange an inheritance if there is no will

In Ukraine, inheritance issues are regulated by the provisions of the Civil Code.

If the deceased did not leave a will, his property is distributed according to several stages established by law, into which the heirs are divided.

Today we will discuss the basic steps for properly registering an inheritance.

Who has the right to inheritance?

If there is no will, inheritance can only occur by law.

The legislation defines several tiers into which heirs are divided:

• The first is his children (including adopted ones), wife/husband, parents.
• The second is the person's siblings, his grandmother or his grandfather.
• The third line is the testator's uncles or aunts.
• The fourth line is people who lived with the testator as a family for at least 5 years.
• Fifth degree and further relatives up to the sixth degree.

If the heirs of the first order are absent or have renounced their right to inheritance, the right then passes to the next order.

Submitting an application for acceptance of inheritance

To receive an inheritance, you must submit an application to the notary at the place of last registration of the deceased.

This must be done within 6 months of the date of death. Missing this deadline may result in the loss of inheritance rights, unless the court finds the reasons for the omission to be valid.

What documents are needed?

To register an inheritance, you must collect the following documents:

• Passport and heir code.
• Death certificate of the person whose property is being inherited.
• Documents confirming family ties (birth certificate, marriage certificate).
• Confirmation of the deceased's ownership of the property.
• Certificate of the testator's last official place of residence.

If some documents are missing, they can be restored through the court or relevant authorities.

Property valuation

In some cases, an independent valuation of inherited property is required. This applies to real estate, cars, and businesses. The valuation is conducted by a certified expert and is necessary to determine tax payments.

Taxes and fees

The amount of taxes depends on the degree of kinship:

• Close relatives (first and second degree) are exempt from tax.
• Other heirs pay 5% personal income tax and 1.5% military levy.

You also need to pay for notary services, the amount depends on the region and the value of the property.

Obtaining a certificate of inheritance

After submitting all documents and paying the fees, the notary issues a certificate of inheritance. This document confirms the transfer of property to the heir.

Registration of ownership

The final stage is the registration of ownership. This must be done in the State Register of Real Property Rights or other relevant authorities.

Possible litigation

If questions or disputes arise regarding the inheritance, the heirs have the right to go to court.

The most common cases are:

• Recognition of inheritance for persons who did not have time to submit an application.
• Proving family ties.
• Challenging the rights of other persons to property.

Conclusion

The process of inheritance without a will requires compliance with deadlines and collection of necessary documents.

Compliance with all legal requirements will avoid problems with the registration of the inheritance and protect the rights of the heirs.