---
title: "Who Gets Your Share: Ukraine's Ministry of Justice Clarifies Rules for Distributing Inheritance After a Heir's Renunciation"
description: "The Ministry of Justice of Ukraine has clarified the procedure for distributing the share of a renouncing heir: it passes to other heirs of the same queue or by will, and in the absence of claimants, the property is declared escheated and passes to the community."
date: 2026-09-24T05:10:00.000Z
lang: en
url: https://xab.info/en/posts/renunciation-of-inheritance-who-gets-the-share-ministry-of-justice
tags: [inheritance-law, ukraine, property-rights, testament, legal-guide, ministry-of-justice]
publisher: "XAB.info"
---

# Who Gets Your Share: Ukraine's Ministry of Justice Clarifies Rules for Distributing Inheritance After a Heir's Renunciation

![Legal consultation on inheritance: reviewing documents about estate distribution at a meeting table](https://xab.info/media/2026/09/24/otkaz-ot-nasledstva-komu-pereydet-dolya-minyust/otkaz-ot-nasledstva-komu-pereydet-dolya-minyust-1.webp)

## 🎯 Key Points

- Renunciation of an inheritance in Ukraine is made within six months from the moment the inheritance is opened and is unconditional
- The share of a renouncing heir by will is distributed equally among the remaining heirs by will
- In inheritance by law, the share passes to heirs of the same queue, or, in their absence, to the next of the five queues
- In the absence of heirs, the property is declared escheated and passes to the territorial community
- An heir has the right to withdraw their renunciation within the same six-month period

Every heir in Ukraine has the right to renounce the acceptance of an inheritance, yet far from everyone understands what happens to their share after such a renunciation. The Ministry of Justice of Ukraine, as cited by RBC-Ukraine, has provided a detailed clarification: the share of a renouncing heir does not always pass to the state or to a specific individual — its fate is determined by whether the inheritance is by will or by law, as well as in whose favor the renunciation is made. We break down the key rules that every potential heir should know.

### Six Months and No Conditions

The law sets a clear deadline: an heir by will or by law may renounce the acceptance of an inheritance within six months. This period begins from the moment the inheritance is opened or from the date of state registration of death in cases provided for by legislation. It is important to understand that the renunciation of the acceptance of an inheritance is unconditional and unequivocal — the heir has no right to impose any conditions or restrictions. The legislation also prohibits partial renunciation: one cannot renounce one part of the inheritance while retaining another. A renunciation is always a full and final (within the six-month window) act.

### How the Share Is Distributed Upon Renunciation by Will

If one of the heirs by will renounces the inheritance, their share passes to the other heirs by will who have accepted the inheritance and is distributed equally among them. A specific example: under the will, three people were to receive the property, but one of them renounced — then their share is split equally between the two remaining heirs. At the same time, renouncing an inheritance by will does not deprive a person of the right to inherit by law. If no other heirs by will remain, the inheritance automatically switches to the mode of inheritance by law.

### Five Queues of Heirs by Law

In the event of the renunciation by one of the heirs by law, their share passes to the other heirs of the same queue and is distributed equally among them. If there are no heirs of that queue, the right to inheritance passes to the next queue. In Ukraine, a total of five queues of heirs by law are provided for. This means that the share of the renouncing heir may 'descend' down the chain until at least one person willing and entitled to accept the inheritance is found. The rules for distributing the share among heirs of the same queue do not apply if the heir renounced the inheritance in favor of a specific other heir — in that case, the share goes precisely to the person named in the renunciation.

### Testamentary Substitute Heir and Escheated Property

A separate special case is when the testator has pre-designated another heir (the so-called substitute heir). This means that the testator has identified a person who will receive the inheritance if the primary heir does not accept it or renounces the acceptance. In such a situation, the share automatically passes to the substitute heir without the need for redistribution. If, however, no heirs who can accept the inheritance remain at all, the court may declare the property escheated. In that case, the inheritance passes to the ownership of the territorial community at the location of the real estate. If there is no real estate in the composition of the inheritance — at the location of the main part of the movable property.

### The Right to Withdraw a Renunciation

The legislation also provides for a 'reversible' mechanism: an heir may withdraw their renunciation of the acceptance of an inheritance within the same six-month period established for its acceptance. That is, if a person changes their mind and decides that they do want to accept the inheritance after all, they may change their decision before the expiration of this period. After six months have elapsed, the renunciation becomes final and irreversible.

### Contradictory Data

No significant contradictions in dates, figures, or wording were found in the provided fact-checking sources. The clarification by the Ministry of Justice of Ukraine, published by RBC-Ukraine, contains a consistent and non-contradictory system of rules. The additional source (pravda.ru) addresses a related but different topic — a testamentary refusal as a tool for limiting the right to evict a resident in the Russian legal field — and contains no data contradicting the Ukrainian clarification. Thus, the two versions of the sources are consistent within their respective thematic frameworks.

## 🔍 Fact-Check Verification

- [Who Gets the Property After Renunciation of Inheritance: Clarification by the Ministry of Justice](https://www.rbc.ua/ukr/news/komu-distanetsya-mayno-pislya-vidmovi-vid-1790156823.html) - Основной источник. Содержит полное разъяснение Минюста Украины: срок 6 месяцев, безусловность отказа, правила распределения по завещанию и по закону, 5 очередей, выморочное имущество, право на отзыв. Все факты статьи соответствуют этому источнику.
- [An Inherited Apartment with a Surprise: How a Testamentary Refusal Deprives the Right to Evict a Resident](https://www.pravda.ru/news/realty/2350529-inheritance-testamentary-refusal-risks/) - Смежный источник по российской правовой теме (завещательный отказ как ограничение права выселения). Не содержит противоречий украинскому разъяснению, используется лишь как контекстный материал. Не влияет на ключевые факты статьи.

## ❓ FAQ

### Q: What is the deadline for renouncing an inheritance in Ukraine?
**A:** An heir may renounce the acceptance of an inheritance within six months from the moment the inheritance is opened or from the date of state registration of death. Within this same period, the renunciation may be withdrawn.

### Q: Can one renounce only part of the inheritance?
**A:** No. The renunciation of the acceptance of an inheritance is unconditional and unequivocal. One cannot renounce one part of the property while retaining another, nor can one impose conditions or restrictions.

### Q: Who receives the share of a renouncing heir by will?
**A:** The share is distributed equally among the other heirs by will who have accepted the inheritance. If there are no such heirs, the inheritance passes by law. If the testator has pre-designated a substitute heir, the share goes to them.

### Q: What happens if there are no heirs willing to accept the inheritance at all?
**A:** The court may declare the property escheated. In this case, it passes to the ownership of the territorial community at the location of the real estate or, in its absence, at the location of the main part of the movable property.

### Q: How many queues of heirs by law are provided for in Ukraine?
**A:** In Ukraine, five queues of heirs by law are provided for. If there are no heirs of the current queue, the right of inheritance passes to the next queue.