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Family law Registration of inheritance in the occupied territory

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.

Registration of inheritance in the occupied territory

The issue of inheritance has always been one of the most sensitive in legal practice, and armed aggression and the temporary occupation of certain regions of Ukraine have turned this process into a complex legal quest.

Many citizens face a situation where property is located “behind the front line,” and documents are lost or obtained in the TOT and are not recognized by the Ukrainian state.

The law firm “Prikhodko & Partners” offers a detailed analysis of how to protect your rights and process an inheritance on the temporarily occupied territories (TOT) in accordance with the current legislation of Ukraine.

Key problem: the principle of non-recognition

The main rule to remember is: any documents (death certificates, “certificates,” acts, “notarial” documents) issued by occupation administrations have no legal force from the point of view of Ukrainian law and cannot be grounds for performing notarial acts in Ukraine.

At the same time, such documents can be used as evidence in court, in conjunction with other evidence, to confirm relevant facts, in particular the fact of death on the TOT. It is the judicial confirmation of the fact of death that is often the first step in the inheritance process.

Algorithm for inheritance processing: step by step

Confirmation of the fact of death

If a person died in the occupied territory and you only have a local-style document, it is necessary to apply to a court in the territory controlled by Ukraine with an application to establish the legal fact of death.

Important: such cases are considered in the order of separate proceedings, and the court decision is subject to immediate execution.

Result: a court decision based on which the Civil Registry Office (DRACS) conducts state registration of death and issues a state-standard death certificate.

Determining the place of opening the inheritance

Before the full-scale invasion, practice focused on the last place of residence of the deceased. Under martial law, the mechanism has been simplified as much as possible.

Important: during the period of martial law, an inheritance case is opened upon the application of the applicant by any notary of Ukraine, regardless of the place of residence of the deceased and the location of the property.

This means that if the property is located in Mariupol or Melitopol, you can apply to a notary in Kyiv, Lviv, or any other city where notaries operate.

It will also be useful: ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES

Adherence to deadlines

As a general rule, a period of 6 months from the day of the person’s death is established for accepting the inheritance.

Pay attention: the countdown starts from the date of death, not from the date of the court decision. The court only confirms the fact.

If the deadline is missed, the issue is resolved in court (determining an additional period if there are valid reasons).

Practical advice: in “TOT cases,” the key is to act quickly and launch the necessary procedures in parallel.

Features of real estate inheritance on TOT

The greatest difficulty is confirming the property rights of the deceased, as access to archives on the TOT is limited.

What to do if property documents remained in occupation?

Search in registries. The notary checks for the presence of records in the electronic databases of Ukraine.
Requests and recovery. Requests to authorities, archives, or obtaining duplicates may be required.
Judicial path. If there are no documents and information in the registries is insufficient, the solution may be to apply to the court with a demand for recognition of ownership rights in the order of inheritance.

Why should you turn to “Prikhodko & Partners”?

Inheritance processing on the TOT is a complex legal strategy. Our company’s specialists ensure:

Remote consulting. (Convenient for those who are abroad).
Representation in courts. Establishing the fact of death and recognition of ownership rights without your participation in bureaucracy.
Work with complex cases. Recovery of lost documents and “turnkey” support.

Conclusion

Temporary occupation of territory does not deprive you of the right to inheritance and does not cancel property rights. The main thing is to act within the legal field of Ukraine and not to miss deadlines.

Formalizing rights today is the foundation for further protection of interests, receiving compensation, and disposing of property after de-occupation.