Inheritance may be received by the community - when property transitions to the state.

In most cases, a person's inheritance is received by their relatives or people specified in the will. However, there is another option - property may pass into state ownership.

When is inheritance considered abandoned

There are situations in Ukraine when housing or land plots remain without an owner. This may happen if the deceased person has no heirs or if they have refused the inheritance or did not timely assert their rights.

In such cases, the property is transferred to the ownership of the local community. According to the Civil Code of Ukraine, inheritance can be declared abandoned if:

• all heirs have been excluded from inheritance;
• the deceased has no heirs either by law or by will;
• heirs have refused the property or did not submit an application for inheritance within the established timeframe.

If movable property is present on the real estate at the time of the opening of inheritance, such movable property passes into the ownership of the local community to which the real estate has been transferred,

- notes Marina Haranzha, Deputy Head of the Department of Free Legal Aid of the Okhtyrka Local Center for Providing Free Legal Aid.

This applies to both houses or land plots, as well as furniture, appliances, personal belongings - everything that is part of the inheritance.

How property transitions to the ownership of the community

After a year has passed since the person's death, the local council or other interested parties (for example, creditors or neighbors, if it concerns agricultural land) may file a petition to the court to declare the inheritance abandoned.

The case is considered in the place where the inheritance was opened or where the real estate is located. Before applying to the court, the property must be officially recognized as ownerless. For this, the local authorities:

• prepare the necessary acts;
• conduct an examination of the object;
• request information from registries, notaries, police, civil registries, etc.

It should also be noted that local authorities, when filing a petition to declare the inheritance abandoned, do not pay court fees. However, if a creditor or neighbor submits such a petition, they will have to pay the court fee.

Previously, it was said that a will is the most reliable way to dispose of property after death. However, circumstances can change, and it may need to be altered or canceled.

It has also been discussed that after death, property usually passes to the nearest relatives - children, parents, and spouses who are first-degree heirs. However, the question often arises regarding who inherits the property when a person has had several marriages.

According to the Civil Code of Ukraine, in cases where the deceased person has no heirs, property may pass into state ownership. The procedure for declaring the inheritance abandoned involves examining the case in court, after which the property may be transferred to the local community free of charge. Furthermore, it is important to consider that if there is movable property on the real estate, it also passes into the ownership of this community.