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Family law Receiving an inheritance in Ukraine if you are abroad

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.

Receiving an inheritance in Ukraine if you are abroad

Today, more and more Ukrainian citizens live or work abroad.

In such conditions, a pressing question arises: how to receive an inheritance in Ukraine while being in another country?

This process has its own characteristics and legal nuances. In this article, we will consider in detail how a citizen of Ukraine abroad can legally, without unnecessary problems and delays, inherit property in Ukraine.

Who has the right to inheritance?

The right to inherit is vested in persons specified in the Civil Code of Ukraine.

There are two main types of inheritance:

By law — when the testator did not leave a will. In this case, the property is distributed among the heirs in the order determined by law;
According to the will — if the testator has made an official will. In this case, only the persons specified in it have the right to inherit.

It does not matter where the heir is located – in Ukraine or abroad. The law does not limit the right of citizens or foreigners to inherit depending on their place of residence.

What actions does the heir need to take if he is abroad?

To exercise their right to inheritance, a person residing outside Ukraine must:

Submit an application for acceptance of inheritance

The application must be submitted within 6 months of the testator’s death. This is a key deadline, failure to meet which may result in the loss of the inheritance.

An heir abroad has several options:

Come to Ukraine in person and submit an application to the notary at the testator’s last place of residence;
Apply at the Ukrainian consulate abroad, where it will be certified and sent by mail to the appropriate notary;
Apply to a notary at your place of residence, translate it into Ukrainian, legalize (or apostillize), and send it to Ukraine.

Provide documents

The following documents must be submitted together with the application for acceptance of inheritance:

copy of the heir’s passport;
death certificate of the testator (or its copy);
documents confirming family ties (birth certificate, marriage certificate, etc.);
will (if any);
property documents (certificate of ownership, extracts from registers, technical passports, etc.).

All documents issued abroad must be translated into Ukrainian and have the appropriate legal force (legalization or apostille, depending on the country).

It will also be useful: Estate Litigation Attorney

Do I need to go to Ukraine?

No, personal presence in Ukraine is not mandatory. The law allows acting through a proxy. This greatly simplifies the process for those who are unable to come.

How does it work?

The heir draws up a power of attorney with a notary in the country of residence;
The power of attorney is translated into Ukrainian, apostilled or legalized;
The representative in Ukraine receives the original documents and on behalf of the heir:

submits an application for acceptance of inheritance;
collects the necessary documents;
receives a certificate of inheritance;
deals with the registration of property ownership.

Registration of property ownership

After the heir has received a certificate of the right to inheritance, he must:

register the right of ownership of real estate in the State Register of Property Rights;
re-register movable property (car, accounts, etc.);
gain access to the testator’s bank funds (if relevant information and documents are available).

These actions can also be carried out through a proxy in Ukraine.

Practical tips

Don’t delay — with the registration of inheritance – the six-month period is not automatically renewed.
Choose a reliable representative — it is desirable that it be a lawyer or attorney who specializes in inheritance cases.
Prepare documents correctly abroad — many inheritance cases are delayed due to incorrectly apostilled or translated documents.
Consult a lawyer, especially if the inheritance dispute or property is located in different regions of Ukraine.

So, it is quite possible to receive an inheritance in Ukraine while abroad – the legislation allows this to be done remotely or through proxies.