How to formalize inheritance in occupied territories: explanation from the Ministry of Justice.

According to ТСН: As a result of the occupation, significant territories of Ukraine remain under the control of Russian troops. Many people have been forced to leave their homes, but many have remained on the occupied lands, where their property and relatives are still located. In the event of the death of relatives, the issue of formalizing the inheritance of real estate arises.

Inheritance formalization in occupied territories

If the inherited property is located in the temporarily occupied territory of Ukraine, the issuance of a certificate of inheritance right is carried out in accordance with the norms prescribed in the Civil Code of Ukraine, the Law on Notaries, and the procedure for notarial actions. The Ministry of Justice states that the place of opening the inheritance can be either in the temporarily occupied territory or in a zone where state authorities do not fulfill their duties. This does not hinder the formalization of inheritance but changes the actions of the notary, who may establish an alternative place for opening the inheritance.

According to the Civil Code, the place of opening the inheritance is the last place of residence of the testator. However, during martial law, if this place is located in an occupied territory or in a combat zone, the notary has the right to conduct the inheritance case regardless of the place of opening the inheritance.

If the inheritance case was opened in a temporarily occupied territory, and its further conduct is complicated due to the lack of documents or their destruction, any notary (public or private) may continue the case based on the heir's application.

Documents required for inheritance formalization

What documents need to be attached to the application:

• certificate of the death of the testator

• documents confirming family ties (certificates, court decisions)

• documents confirming ownership of property, as well as documents confirming state registration of property rights to real estate (relevant certificates, excerpts, etc.)

A period of six months is allowed for acceptance or rejection of inheritance, starting from the day of the testator's death. The certificate of the right to inheritance is issued after the expiration of this period at the place of opening the inheritance.

Thus, despite the difficult circumstances arising from the occupation, the procedure for formalizing inheritance remains possible. It is important to know your rights and keep in mind that the assistance of notaries can significantly simplify this process for heirs who find themselves in a difficult situation.