The transfer of land by inheritance is one of the most complex issues that arise in the process of inheritance of property. If you are in such a situation, you must carefully read the requirements of the law and the procedure for transferring land by inheritance in order to successfully register it.
What are the features of inheritance of the right to a land plot in Ukraine?
Ukrainian legislation defines the rights and obligations of heirs when receiving a land plot by inheritance. We note the most important of them:
- heirs have the right to receive a land plot in accordance with the law;
- land is inherited in the manner prescribed by law and in the presence of a document confirming the inheritance right to land;
- the land that is in the inheritance may be transferred to the ownership of any legitimate heir by will or by law.
What is the procedure for transferring land by inheritance?
- Opening of an inheritance case by a notary at the last place of residence of the testator or the location of his real estate.
- Submission from the heirs to the notary of notarized statements of acceptance of the inheritance.
- Determination of the inheritance property owned by the testator (verification of its registration).
- After the expiration of 6 months from the date of opening of the inheritance – the receipt by the heirs of a certificate of the right to inheritance. This document confirms the right of the heir to receive property and land by inheritance. You should also get a death certificate of the testator in your hands to confirm the right to the land.
- Determination of the order of inheritance of land. If there is a will, then the notary declares who has the right to inherit the land according to this document. However, if it is absent, the heir refused to accept the inheritance or the will was declared invalid, then the procedure for inheriting the land plot is carried out according to the law. According to this rule, the heirs are divided into queues (a total of 6 queues), and each of them inherits the property only if the previous queue did not inherit it.
- Obtaining a certificate of valuation of inherited land. Land valuation can be carried out with the help of independent appraisers who have the appropriate license and qualifications.
- Obtaining an extract from the State Land Cadastre for a land plot, issued at the request of a notary.
- Registration of the right of power in the Sovereign Register of Speech Rights to a land plot in the fall.
How to get a land plot by inheritance?
Registration of the transfer of a land plot by inheritance begins with the submission of a notary personally application for acceptance of the inheritance. Along with this, the heirs must also submit:
- Passport and RNOKPP – documents proving the identity of the heir.
- Death certificate of the person to whom the ownership of the land was registered.
- Birth certificate of the heirs or marriage certificate, that is, documents confirming their family relationship.
- The original state act on the ownership of the land. This will confirm the right of the testator to the land. However, there is one caveat here. When registering an inheritance for a land plot, problems may arise when the land plot belongs to the testator on the basis of ownership (state act), but does not have a cadastral number in the State Land Cadastre. In this case, it is necessary to contact the land management organization to develop technical documentation and obtain an extract from the cadastre. An extract from the cadastre is issued in the name of the heir specified in the notary’s request, while the technical documentation is developed in the name of the testator.
Certificate of monetary valuation of the land plot and an extract from the State Land Cadastre for the land plot.
If you have questions about the registration of the heritage of the land, you may need help from specialists in this field. One of these specialists is the law firm “Prikhodko and Partners”, which provides services for registration of the heritage of land plots.
Our company has experience working with inheritance cases and knows all the nuances that may arise when registering a land plot. The company’s specialists will help you draw up the necessary documents, consult on heritage design and provide all the necessary support. So don’t hesitate and get in touch!