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Family law Extension of the deadline for accepting an inheritance

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

Extension of the deadline for accepting an inheritance

The issue of accepting inherited property or bank deposits is one of the most important in the field of civil law.

According to the Civil Code of Ukraine, the deadline for accepting an inheritance is 6 months from the date of opening the inheritance, that is, from the moment of the testator’s death.

However, life circumstances sometimes do not allow a person to submit an application for acceptance of the inheritance in a timely manner. In such a case, the legislation provides for the possibility of extending or renewing this period through the court.

Legal basis

Part three of Article 1272 of the Civil Code of Ukraine provides that an heir who missed the deadline for accepting inherited property or bank deposits may apply to the court with an application for its renewal if he did not accept the inheritance for good reasons and applied to the court no later than six months from the moment these reasons were eliminated.

The procedure for considering such applications is regulated by the Civil Procedure Code of Ukraine and relevant judicial clarifications.

What is considered a good reason?

The following may be recognized as valid reasons for missing the deadline:

Prolonged illness of the heir;
Staying abroad without being able to contact a notary;
Ignorance of the fact of the testator’s death;
Legal ignorance (in combination with other circumstances);
Military service in a combat zone;
Extraordinary events (e.g. war, natural disaster, etc.).

Each case is considered individually by the court. The seriousness of the reasons must be confirmed by evidence – medical certificates, documents about traveling abroad, testimonies, etc.

It will also be useful: Establishing the fact of non-acceptance of inheritance

Judicial procedure

Preparing an application. The application must state the reason for the missed deadline, the date of elimination of this reason, and justification for its validity. Documents confirming the circumstances of the case must be provided.
Filing an application with the court. The application is filed with the court at the place of opening of the inheritance (i.e. at the last place of residence of the testator).
Case review. The court considers the evidence and hears the parties’ positions. If the court concludes that the reason for missing the deadline is valid, it renews the deadline and the person acquires the right to accept the inheritance.

Alternative option: notarized consent of other heirs

If the deadline for accepting the inheritance is missed, but all other heirs do not object, such a person may accept the inheritance with the consent of the remaining heirs by submitting a written application to a notary. This mechanism is provided for in Part Two of Article 1270 of the Civil Code of Ukraine.

Recommendations for heirs

Do not delay contacting a notary after the death of a relative.
If you learned about the testator’s death late, document it.
Contact a lawyer to prepare a court application if a deadline extension is needed.

Example of a court case

In case No. 758/3236/22, the court renewed the term of the heiress, who did not know about the death of her father, because she lived in another city and did not maintain contact with him. The court recognized her ignorance of the testator’s death as a valid reason and granted the application.

Missing the six-month period for accepting an inheritance is not a hopeless situation. Ukrainian legislation provides heirs with the opportunity to restore their right to inheritance both by reaching an agreement with other heirs and by applying to the court.