HOW TO RECOGNIZE OWNERSHIP IN INHERITANCE THROUGH THE COURT? STEP-BY-STEP INSTRUCTION

 To begin with, I would like to note that it is not necessary to file a lawsuit for recognition of ownership of property of the deceased, the heir may recognize his ownership by inheritance, proving that at the time of death the testator had ownership of the property, and proving his right to heritage.

 In order to recognize the right of ownership by inheritance, I recommend following the following algorithm:

Step 1. Prepare documents for recognition of property rights by inheritance in court.

 You need to collect the following documents to go to court:

• Documents confirming the existence of kinship with the testator (for acceptance of inheritance by law), or a will (for acceptance of inheritance by will), or a certificate of inheritance, if a certificate for other property has already been received;
• Documents confirming the fact and date of death of the testator (death certificate of the testator);
• Documents confirming the ownership of the property (contracts, acts, warrants, certificates, etc.);
• A copy of the statement (claim) and documents for third parties and defendants;
• Document confirming payment of the state fee for consideration of the application in court.

 Step 2. Prepare an application to the court and pay the fee.

 The application for recognition of ownership of property by inheritance is submitted to the court according to the rules of litigation. As the defendant in the claim it is necessary to indicate the current owner or potential owner of the property, the person who interferes with registration of the property right (for example, ZhBK at recognition of the property right to the cooperative apartment, the builder at recognition of the property right to DSU, etc.).

Read more about the amount of state duty for consideration of a claim for recognition of property rights in court in Article 4 of the Law of Ukraine "On Court Fees"

 Step 3. Apply to the court for recognition of ownership of the inheritance.

 The heir must also correctly determine the territorial jurisdiction. A claim for recognition of ownership of inheritance through the court is filed according to the general rules of litigation: in court at the location of the defendant, or at the location of real estate, if the ownership of real estate is recognized.

 Step 4. Get a court order recognizing the right of ownership of property by inheritance.

 The decision to recognize the ownership of property by inheritance is the basis for the acquisition of ownership. That is, you do not need to apply to a notary for a certificate of inheritance. According to the court decision, changes are also made to the record on state registration of rights to immovable property.