What to do if the 6-month deadline for accepting the inheritance has passed?

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Riabchuk Oksana

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What to do if the 6-month deadline for accepting the inheritance has passed?

Reading time: 3 min.

The issue of inheritance has always been relevant in our country, as thanks to this process a person inherited property, which he could then freely own, use, and dispose of.

However, not all citizens always know the legal intricacies of how to correctly accept an inheritance, so that it is legally acquired and during what time a person can generally accept this inheritance.

In practice, this has corresponding consequences, which are manifested in the fact that citizens miss the legal period during which it was possible to accept the inheritance. And therefore the question of how to act in such a situation always remains relevant.

In this article, we will analyze what to do if the 6-month deadline for accepting the inheritance has passed.

What actions should be taken if you missed the deadline for accepting the inheritance?

First of all, make sure that you are the only heir who has not accepted the inheritance. If there are already people who were able to accept the inheritance in time, then you will need to contact them with a request that they do not mind you accepting the inheritance.

After receiving such written consent, you have the right to contact the notary at the place of opening of such inheritance and submit a corresponding statement that you also want to accept the inheritance from the testator.

If the persons who have already accepted the inheritance do not give their consent to you to accept such an inheritance, or you are the only heir to this inheritance, then in this case you need to go to court.

What are the cases in which the court can grant an additional term for accepting the inheritance?

The court can grant an additional deadline for accepting the inheritance only if you missed it for good reasons.

Jurisprudence shows that the court considers the following factors to be valid reasons:

  • illness of the heir, which is quite long. That is, if a person has been receiving inpatient treatment in a hospital for a long time, then such a reason is recognized as valid.
  • business trips and business trips outside the territory of Ukraine;
  • stay of a person in places of deprivation of liberty (penitentiary institution);
  • lack of knowledge of the heir about the existence of a will;
  • military service in the Armed Forces;
  • significant distance between the location of the inherited property and the physical residence of the heirs;
  • stay of a person in the temporarily occupied territory or captivity.

This list of valid reasons is not exhaustive and in each situation, the court makes a decision to recognize one or another reason for the omission of inheritance as valid, based on the available written evidence in the case (certificates and other information confirming the stated facts).

Reasons for refusing to extend the deadline for acceptance of inheritance:

  • if the person was not aware that the inheritance must be accepted within 6 months;
  • missed this term due to the illness of a relative or loved one;
  • the person did not have the funds to come to the place of inheritance opening;
  • advanced age of the person or adverse weather conditions, etc.

If you missed the deadline for accepting the inheritance and do not know what to do in this situation, contact the law firm " Prykhodko and Partners ".

Our team has considerable experience in the field of inheritance and therefore will be able to help decide everything for you accompanying questions that will arise in the process of cooperation. So don't delay and apply!

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Specializes in family law and inheritance matters.

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