In Ukraine, heirs have six months to accept an inheritance after the testator's death. If a person fails to submit an application to a notary within this timeframe, the right to the property is not automatically lost: the law provides mechanisms for restoring the deadline under certain conditions. A key role here is played by Article 1272 of the Civil Code of Ukraine, which outlines two ways to proceed when the six-month deadline has been missed.
Presumption of Acceptance and Co-residence
A special rule applies to an heir who permanently resided with the testator at the same place at the time of the death. Such a person is deemed to have accepted the inheritance by default unless they declare their refusal within six months. This rule also extends to minor, underage, incapacitated individuals, as well as persons with limited legal capacity. If the notary lacks documents confirming joint residence, this fact can be established through a court.
The First Path: Written Consent of Other Heirs
If an heir was supposed to submit an application but missed the deadline, and other heirs have already accepted the inheritance, they can give written consent for this person to also submit an application. Consent must be provided by all heirs who have accepted the inheritance. In this case, going to court is not required — the procedure takes place out of court.
The Second Path: Lawsuit for Setting an Additional Deadline
If obtaining the consent of other heirs is impossible, a person can apply to the court with a lawsuit to set an additional deadline for accepting the inheritance. The court may grant such a lawsuit if it establishes that the deadline was missed for a valid reason. Valid circumstances are understood as objective, substantial, and insurmountable difficulties that prevented timely submission of the application. At the same time, it is important to prove not only the occurrence of difficulties, but also that they specifically prevented submitting the application on time.
Staying Abroad and Jurisdiction
The mere fact of being outside Ukraine does not guarantee an additional deadline: the court will investigate whether the person could have submitted an application through a consular institution or sent it by mail. The lawsuit is filed against the heirs who have accepted the inheritance; if there are none, the relevant territorial community represented by local self-government bodies can become the defendant. The jurisdiction of the case depends on the circumstances of the dispute, in particular whether it concerns real estate.
Next Steps and Limitations
If the court has set an additional deadline, the heir is obliged to submit an application to the notary during this period. The court decision itself does not mean automatic acceptance of the inheritance and does not replace the application. If a person did not use the provided additional deadline, it cannot be obtained a second time on the same grounds. The final decision in each case depends on specific circumstances and evidence provided by the heir. Free legal consultation can be obtained on the website of the free legal aid system.
Important: this material is for informational purposes only and does not constitute legal advice. In case of need for legal assistance or interpretation of legislation, it is recommended to contact a qualified lawyer.
