A comprehensive range of services for registration of inheritance on property, namely:
- an apartment or part of an apartment
- land plot
- cash deposits
- securities
- share of authorized capital
- motor transport
- safe deposit box
- copyright
Right to inheritance
You may have the right to inherit in two cases.
The testator made a will, according to which you are either one of the heirs with the right to inherit part of the property or you are appointed the sole heir with the right to inherit all the property of the testator.
If the deceased testator did not make a will during his lifetime, bequeathed only part of the property, the will was declared invalid (in whole or in part), the testamentary heir refused the inheritance or did not accept it, died before the testator, was excluded from the right to inherit according to the law, then you can inherit legally in order.
Inheritance procedure
The inheritance procedure consists of the following steps:
- filing an application to a notary (public or private) for acceptance of the inheritance within 6 months from the date of its opening and opening of the inheritance case;
- collection of necessary documents for registration of a certificate of inheritance;
- obtaining a certificate of inheritance;
- registration of ownership of real estate.
At the stages of filing an application for acceptance of an inheritance and opening an inheritance case, the notary must submit documents that confirm the death of the testator, the time and place of the opening of the inheritance, the existence of grounds for calling the person who submitted the application to inherit, the composition of the inheritance property for which a certificate of the right to inheritance.
Documents confirming the death of the testator
The fact of the death of the testator, the time of opening the inheritance is confirmed by the following documents:
- certificate of the civil registration authority on the death of the testator;
- a notice or other document about the death of the testator at the front, issued by the command of the military unit, the administration of the hospital, the military commissariat or other bodies of the Ministry of Defense of Ukraine.
Proof of relationship
The following documents serve as evidence of kinship and other relations of heirs with the testator:
- certificate of the civil registration authority;
- extract from the register of civil status acts;
- entry in passports about children, about another spouse;
- a copy of the court decision that has entered into force on establishing the fact of family and other relations.
Confirmation of containment
Confirmation of the fact of being on the content of the testator are the following documents:
- a certificate from the executive committee of the local Council of People's Deputies or the local state administration, the housing maintenance organization, the board of the housing construction cooperative or from the testator's place of work on the presence of those on his maintenance;
- certificate of the body of social protection of the population on the appointment of a pension in connection with the loss of a breadwinner;
- a copy of the court decision that has entered into legal force on establishing the fact of being in custody. These documents must contain data on the time and period when the person was supported by the testator.
Disability
The age-related disability of the dependent is checked against:
- passport;
- birth certificate;
Health-related disability is checked against:
- pension book;
- a certificate issued by the relevant body of medical and social expertise;
Place of opening of the inheritance
The place of opening of the inheritance is confirmed by the following documents:
- certificate of the civil registration authorities on the death of the testator, if the last permanent residence and place of death coincide;
- certificate of the housing maintenance organization, the board of the housing construction cooperative of the executive committee of the local Council of People's Deputies or the relevant local state administration or from the place of work of the deceased on permanent residence;
- an entry in the house book about the permanent residence of the testator;
- a document (certificate of the executive committee of the local Council of People's Deputies, etc.) on the location of the hereditary property or part of it (if the place of residence of the deceased is unknown).
In connection with the events in the Crimea and in the south-east of Ukraine, the President signed a law allowing migrants to register an inheritance not at the place of death of the testator, but on any territory of Ukraine.
The fact of the existence of inherited property
The existence of immovable inherited property is confirmed by the following documents:
- a document of title to inherited property owned by the testator (certificate of ownership of an apartment, land plot, or house, contract or act of transfer, vehicle registration certificate, etc.);
- extraction from the Register of ownership of real estate;
- certificate of the executive committee of the relevant Council of People's Deputies (in areas where the inventory has not been carried out).
We will help to determine an exhaustive list of documents, which in each case can be specified after the opening of the inheritance case.
The collection of documents confirming the above facts is associated with the need to stand in long queues in various organizations, fill out various forms, answer a number of questions from specialists, pay state fees, draw up the above documents in order for the notary to attach them to the inheritance case and issue you a certificate of the right to inheritance.
We will help to collect and submit the above documents, as well as to restore them in case of loss.
At first glance, the procedure for registering an inheritance is clear and understandable, but, in addition to the above technical points and time costs associated with obtaining the necessary documents, there are many nuances at each stage that you may not know about and, therefore, be deprived of the right to inherit property deceased heir.
Moreover, the deprivation of the right to inherit can be caused not only by an action, such as the intentional deprivation by a potential heir of the life of the testator or any of the possible heirs, an attempt on their lives, deliberate obstruction of the preparation of a will, amendments to it or its cancellation, deprivation of parental rights, evasion of fulfillment of obligations for the maintenance of the testator, recognition of the marriage as invalid, but also inaction, the most common inaction “out of ignorance” is missing the deadline for submitting an application for acceptance of the inheritance.
We will help you restore the terms in court or establish in the same court the fact of acceptance of the inheritance.
It is also important to decide whether you will inherit after the deceased testator. To make the right choice, you need to know what exactly you inherit, because when inheriting, not only the rights, but also the obligations of the testator pass to the potential heir. At the same time, you cannot refuse duties and accept only rights. If you submitted an application for acceptance of the inheritance in the prescribed manner, but after learning about the debts of the testator, you decided to refuse it.
We will help you to withdraw an already submitted application for acceptance of inheritance.
It should also not be forgotten that even if you are the only heir by will or law, the law provides for the protection of such sections of society as minors and adult disabled children, disabled spouses and parents of the testator, who are entitled to the obligatory part and inherit 1/2 part, which would be due to each of them in the event of succession by law.
We will advise you on all issues related to the acceptance of inherited property, negotiate with other heirs on the acceptance of inheritance and settlement of possible disputes.
After the issuance of a certificate of the right to inheritance for real estate, which is subject to state registration, you are not its owner until you register it with the relevant state bodies. Only after registering you as a new owner of the inherited property, you become its full owner.
We will help you bring the procedure of registration of the inheritance to a logical conclusion, register the ownership of the inherited property, and as a result, use, own and dispose, and therefore become the legal owner of the property that has passed to you by inheritance.
