When inheritance remains without an owner: in which cases property will pass to the state.

According to ТСН: Disputed inheritance issues are usually resolved in court. However, there are cases when there is an inheritance, but no heirs.

The Civil Code of Ukraine defines the concept of 'vacant inheritance' — this is inheritance that has remained from the testator and has not been transferred to other individuals, as reminded by the Ministry of Justice of Ukraine.

When the state takes the inheritance:

• there are no heirs either by law or by will

• all heirs have officially renounced the inheritance

• heirs did not manage to accept the inheritance within the established timeframe

• heirs have been deprived of the right to inherit by court ruling

Who can apply to the court and what happens to the property

According to Article 1277 of the Civil Code of Ukraine, an application for declaring the inheritance vacant can be submitted by:

• creditors of the deceased

• local government bodies at the location of the property

• owners or users of adjacent plots of land if the inheritance includes agricultural lands

The general term for accepting an inheritance is 6 months, and during martial law, it has been extended to 10 months.

Thus, the inheritance process can sometimes be complicated by the absence of heirs; however, the legislation clearly regulates this issue. Appealing to the court in case of declaring the inheritance vacant allows avoiding uncertainty regarding the property that has found itself without an owner.