Any registration of inherited property always consists of three stages:
- Acceptance of inheritance
- Obtaining a certificate of the right to inheritance
- Registration of ownership of inherited property
The heirs have 6 months to accept the inheritance , which starts from the day of the testator’s death. As of the date of writing this article, martial law is in effect in Ukraine: for this period, the time limit for accepting inheritance or refusing to accept it is suspended, but for no more than four months. That is, a total of 10 months, during which the heir must apply to a notary public with an application to accept the inheritance.
The notary opens the inheritance case and waits until the end of the term for acceptance of the inheritance: until the expiration of these six (currently ten) months, the certificate of the right to inheritance cannot be obtained.
At the end of the specified period , the second stage begins – obtaining a certificate of the right to inheritance . And usually the third stage (registration of ownership of the inheritance) takes place almost simultaneously with the second.
When issuing a certificate of the right to inheritance, the notary must check:
- the fact of the testator’s death (death certificate or court decision declaring the person deceased),
- the time and place of the opening of the heritage,
- the presence of grounds for calling for inheritance, if there is an inheritance by law (family ties of the heirs with the testator and order of inheritance),
- acceptance of the inheritance by the heir in the manner prescribed by law,
- the composition of the inherited property, for which the certificate of the right to inheritance is issued (entitlement documents).
In order to confirm these circumstances, the heirs are required to provide documents that confirm the specified facts.
After you have received the inheritance certificate, your actions depend on the type of property. How to complete the registration of some of the most common types of property for which you received a certificate of the right to inheritance, we show below in the form of a table:
|Type of inherited property||What shall I do?|
|Real estate (apartments, houses, land plots)||The notary performs the functions of the state registrar and, simultaneously with the issuance of the certificate of the right to inheritance, enters information about the heir as the new owner in the state register of property rights. It is not necessary to apply additionally to other bodies (BTI, etc.).|
|Vehicle (cars, etc.)||Within 10 days from the moment of receiving the certificate of the right to inheritance, the heir must apply to the Service Center of the Ministry of Internal Affairs to re-register the vehicle in his name.|
|Share in the authorized capital of the LLC||within 1 year from the end of the term for accepting the inheritance, the heir must apply to the state registrar and submit an application for joining the society.|
|Weapon||After the death of a person, the weapon that belonged to him is transferred to the police authorities for temporary storage (up to 6 months). Next, the heir who wishes to keep the weapon for himself must obtain permission for it and, together with the certificate of the right to inheritance, contact the police and register the weapon in his name.|
|Cash deposit in the bank||Apply to the bank with the certificate of the right to inheritance and receive the property.|
|Property rights of intellectual property||Apply with the certificate of the right to inheritance to the SE “Ukrainian Institute of Intellectual Property” (Ukrpatent)|