Attorney
Specializes in civil and family law. Experience in civil service in the field of DRACS (State Registration of Civil Status Acts) helped to better master the subtleties of civil and family and inheritance law. Also researches the inheritance law systems of continental Europe and the USA (I write scientific articles to enter graduate school)
Inheritance in Ukraine for Ukrainian citizens living abroad
Registration of inheritance in Ukraine for citizens of Ukraine who permanently reside abroad is carried out according to the rules of Book Six of the Civil Code of Ukraine, in particular:
- regarding the time and place of opening of inheritance (Articles 1220-1221 of the Civil Code of Ukraine);
- the procedure for accepting inheritance (Articles 1268-1269 of the Civil Code of Ukraine);
- the term of its adoption (Article 1270 of the Civil Code of Ukraine);
- waiver of inheritance (Article 1273 of the Civil Code of Ukraine);
- the possibility of determining an additional term through the court (Article 1272 of the Civil Code of Ukraine).
Procedural issues in complex cases (in particular, establishing the fact of death in the temporarily occupied territories) are resolved in a separate proceeding under the Civil Procedure Code of Ukraine, including under a special provision of Art. 317 of the Civil Procedure Code of Ukraine, and the requirements for certification of applications/powers of attorney and their acceptance by a notary are determined by the Law of Ukraine “On Notaries” (in particular, Article 34) and the Procedure for Notarial Actions by Notaries of Ukraine (Order of the Ministry of Justice No. 296/5 of 22.02.2012).

An heir can be a person determined by the will, or an heir by law of the corresponding priority. The fact of residence of the heir abroad does not affect the scope of inheritance rights, but determines the practical procedure for the implementation of these rights. It is crucial to meet deadlines and execute applications and powers of attorney in proper form.
Terms of acceptance or refusal of inheritance
The term for submitting an application for acceptance of inheritance, as well as the term for submitting an application for waiver of inheritance, is limited and is six months from the date of opening of inheritance.
Missing the deadline creates legal uncertainty and often requires judicial settlement. Therefore, the primary legal action in an inheritance case is the timely submission of an application for acceptance of inheritance or an application for waiver of inheritance, depending on the chosen legal position.
Place of opening of inheritance and notarial competence
The inheritance is opened at the last place of residence of the testator.
If the last place of residence cannot be established, or it is not documented, the issue of determining the competent notary requires a legal assessment, taking into account the location of the inheritance property and the available evidence.
Proper determination of the place of opening of the inheritance is important, as a mistake at this stage often leads to a loss of time, repeated appeals and the risk of missing deadlines.
Ways to Apply for Acceptance of Inheritance While Abroad
If the heir lives outside Ukraine, he can exercise the right to accept the inheritance remotely. The choice of method depends on the country of stay, terms, available documents and whether the heir plans to come to Ukraine.
In practice, the following options are used:
- Registration of an application for acceptance of inheritance through the consular office of Ukraine.
The heir applies to the consular office of Ukraine at the place of residence, where an application for acceptance of inheritance is drawn up in the proper form.
After certification, the application is sent to a notary in Ukraine to open an inheritance case or join an already opened case.
- Certification of the signature on the application by a local notary of a foreign state.
The application can be signed at a local notary abroad. Depending on the state, this may include an apostille or consular legalization, as well as a translation into Ukrainian.
In some countries, in practice, it is possible to certify documents in a bilingual format or in Ukrainian, if this is allowed by local rules and notary practice.
- Execution of a power of attorney for a representative in Ukraine.
The most convenient option for heirs who do not plan to come to Ukraine.
A representative, usually a lawyer, submits an application to a notary, opens an inheritance case, collects the necessary documents, communicates with a notary and completes the registration of inheritance rights in full.
A power of attorney can also be certified not only by the consular office of Ukraine, but also by a local notary in the country of residence of the heir. After certification abroad, the document, as a rule, must be adapted for use in Ukraine.
This issue is resolved taking into account the international legal rules of mutual recognition of documents and may provide for apostille or legalization, as well as translation into Ukrainian.
The key practical point is the content of the power of attorney
If the powers are not formulated broadly enough or without taking into account real actions in the inheritance case, the representative will not be able to submit applications, receive documents, interact with registers or complete the registration of ownership.
In this case, the client has to issue a new power of attorney, which leads to loss of time, additional costs and may create a risk of missing deadlines.
That is why it is advisable to prepare the text of the power of attorney and the statement as a draft lawyer, taking into account the practical requirements of the notarial procedure and the specifics of the case.
Documents that are usually required in an inheritance case
To open an inheritance case and further registration of inheritance, as a rule, you need:
- Death certificate of the testator.
- Documents confirming family relations or will.
- Passport data of the heir and registration number of the taxpayer’s registration card.
- Documents confirming the composition of the inheritance property, or data sufficient to obtain extracts from the registers.
In practice, there is often a need to request duplicates of act records, archival certificates, extracts from state registers, documents on change of surname, confirmation of the testator’s place of residence, cadastral information on land plots, technical documents for real estate.
Proper collection of evidence and documents is the basis for the smooth completion of the inheritance case.
Legal assistance of a lawyer in inheritance cases for clients abroad
Legal support is aimed at ensuring the proper legal form of documents, compliance with deadlines and effective passage of the notarial procedure with minimization of risks and includes:
- analysis of the hereditary situation (grounds for inheritance, circle of heirs, terms, risks) and strategy formation;
- determination of the place of opening of inheritance and a competent notary, preparation of an algorithm of actions;
- preparation of applications (acceptance/refusal of inheritance) and powers of attorney with the proper scope of powers;
- representation at a notary: opening an inheritance case, submitting documents, eliminating comments;
- obtaining documents through lawyers’ requests (registry office, archives, authorities, registers) and organizing the issuance of a certificate of inheritance and state registration of ownership;
- support of complex cases (TOT/hostilities, lack of Ukrainian documents): judicial establishment of legal facts, registration of death in Ukraine and subsequent notarization;
- support of cases related to damaged/destroyed hereditary property: fixation of damages, submission for compensation/housing certificate and coordination of these procedures with the inheritance case.
Calculate the cost of services
1 question
Are there other heirs who dispute your rights?
2 question
Is there a conflict over shares in the inheritance?
3 question
Do you need to establish a fact of legal significance (e.g., fact of death/family relationship/residence)?
4 question
Did you miss the 6-month deadline?
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