Ukrainian citizens who find themselves abroad due to various circumstances often face the necessity of claiming property rights after the death of relatives. The Ministry of Justice of Ukraine has provided official clarifications on how to exercise inheritance rights without the mandatory requirement of returning to the country. The primary condition for successfully starting this process is a timely expression of will and submitting an application to accept the inheritance within the periods established by law.
Application Procedure and the Role of Foreign Notaries
If an heir did not permanently reside with the testator at the time of opening the inheritance, the law requires the mandatory submission of an official application for acceptance. The general period for this procedure is six months from the date of the person's death or from the day they were declared dead by a court. While abroad, an heir can contact a consular office of Ukraine to certify the authenticity of their signature on the application or use the services of a local foreign notary. In the latter case, the document may require additional legalization via an apostille and a professional translation into Ukrainian.
Sending Documents and Strict Limitations for Representatives
The prepared and certified application must be sent by mail directly to the Ukrainian notary handling the inheritance case. It is critical to remember that the sending date must fit within the six-month period — if the letter is dispatched on time, the application is considered submitted properly even if the notary receives it later. Meanwhile, experts remind us that a proxy holder cannot submit the initial application to accept the inheritance on behalf of the heir, as this step requires strictly personal expression of will.
Special Rules for Combat Zones and Further Steps
A special procedure applies to inheritance property located in territories of active hostilities or temporary occupation. In such cases, one can apply to any notary operating on territory controlled by the Ukrainian authorities. After filing the application, the heir can issue a power of attorney to a representative in Ukraine, who can transfer necessary documents and obtain the certificate of the right to inheritance once the six-month term expires.
