Фото: Reissuance of the share after the death of the owner

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Reissuance of the share after the death of the owner

Reading time: 3 min.

Legal regulation of inheritance relations has always been a popular topic, as almost every citizen sooner or later faces the registration of inheritance after the death of their relatives.

Also, quite often Ukrainians are interested in the legal nuances of the registration of the land plot (share), because according to the research of the State Geocadastre, 89% of agricultural land in Ukraine are shares that were purchased during the time of the former USSR, and their owners are mostly elderly people. This shows the relevance of this topic today.

Therefore, in this article, we will consider how to reissue a share after the death of the owner, taking into account the provisions of the current legislation of Ukraine.

What is the procedure for inheriting a land share?

According to the general rule, inheritance of a land plot (share) can be implemented in 2 ways:

  • by law;
  • by Will

In the first case, the inheritance will take place in the order of priority, which is determined by the CCU. There are a total of 6 lines of heirs depending on the degree of kinship with the testator.

In the second case, the testator during his lifetime creates a will in which he defines the persons who have the right to inherit the specified land plot (share).

What must be done to inherit a land share after the death of its owner?

In order to issue an inheritance, a person needs to apply to a notary with an appropriate application for acceptance of the inheritance. It is submitted at the place of opening of inheritance. However, if a person at the time of the testator's death lived with him permanently and did not renounce the inheritance within the period established by law (6 months), then he is considered to have accepted this inheritance.

The next stage after the 6-month period for accepting the inheritance has expired is to submit an application to the notary for the issuance of a certificate of the right to inheritance.

The following package of documents is also attached to the application:

  • a document confirming the death of the testator;
  • a document confirming the family ties of the person with the testator;
  • necessarily the original documents, from which the legal ownership of the land plot (share) can be seen - the State Act on the ownership of the land share (share) or the Certificate of the right to the land share (share);
  • a document on the monetary valuation of the land plot (share);
  • a document confirming the absence of encumbrances and corresponding restrictions on the land plot (share).

After the person submits the relevant documents to the notary, he verifies them and grants the certificate of the right to inheritance. In addition, the notary also registers the ownership of a person in the State Register of Real Property Rights. And only after receiving this certificate and registration, the person is considered the legal owner of the inherited land plot (share).

If you want to re-register a land share after the death of the owner but do not have time to delve into the legal details of this matter, then, in this case, you will need the help of professional lawyers - the legal company "Prikhodko and Partners".

Our team includes only experienced specialists in the field of land law who have a thorough knowledge of the legislation of Ukraine and will always help you in solving similar situations. So don't delay and ask for a consultation!

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Family law lawyer. Specializes in divorce and probate matters.

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