According to Ukrainian legislation there are two options for obtaining, and further registration of inheritance:
- by law;
- by will.
→Inheritance by law requires compliance with a certain queue. Each subsequent line of relatives has the right to inherit only if the relatives from the early line refused to inherit or for some reason were excluded from receiving rights to property.
The testator will be able to specify in the will all of his inheritance or only part of it. The property can be obtained by the testator’s relatives or friends; it can be one or more people. Also, you can transfer property to legal entities or rewrite everything to the state.
After registration of acceptance of the inheritance, the person has the right to dispose of the property due to him. To do this, you must submit a timely application to the notary confirming your desire to enter into inheritance.
Submission of an application for acceptance of inheritance can be made within 6 months after the death of the testator.
This applies to those persons who did not live, and were not registered at the same address as the testator. Such heirs enter into the inheritance automatically, provided that they do not apply for refusal to own the property within 6 months. As practice shows, even if such relatives do not want to give up their property, they are still recommended to contact a notary within 6 months to make sure of their inheritance rights. This is since almost every inheritance case has certain nuances that potential heirs may not even know about, so it is best to be safe.
Besides to the application for acceptance of inheritance, you will also need to provide a notary with the following list of documents:
- death certificate of the testator;
- the original will;
- all documents for the property specified in the will;
- documents that can confirm family ties with the deceased;
- documents confirming the last place of residence of the testator.
However, this is not a standard list, it may change depending on the specific situation. You can check the exact list of documents with a notary.
When the 6-month period for inheritance was missed
When the heir has expired 6 months, and has not submitted an application to the notary in time, and if the heir is not registered at the same address as the testator, he loses his rights as an heir. You can apply for inheritance after the 6-month period has expired only if all other heirs give their consent.
If the deadline was missed for a good reason, then the potential heir can file a lawsuit to the court with a request to extend this period.
The list of valid reasons includes the following situations:
- extended business trip;
- service in army;
- serious illness;
- being in places of deprivation of liberty.
Potential heirs will have to pay taxes when entering the inheritance. All that is required from a notary is to inform the tax service about who received the inheritance.
Citizens of Ukraine have the right to pay this tax before the certificate is issued or after it is issued. Non-residents of the country are required to pay the tax before issuing a certificate of inheritance.
Besides, you should consider the tax rates when entering into an inheritance:
- 0% rate – when the inheritance is transferred between relatives who belong to the first category of kinship (husband/wife, parents, relatives or adopted children).
- The 0% rate is assigned to heirs who have the first group of disabilities, if we are talking about orphaned children or children whose parents were deprived of parental rights.
- The 5% rate is assigned to all other relatives who do not belong to the first line, as well as to persons who are not relatives of the testator.
Heirs who belong to the second, and subsequent stages must use the services of an objective assessment of the entire property. This is necessary to find out the exact amount that will be required to pay to the state budget. To do this, you can use legal assistance, and support from Kasyanenko & Partners Law Company specialists.
The inheritance lawyer of Kasyanenko & Partners Law Company will help you restore the term for accepting the inheritance, prove good reasons for missing the term, and also get your part of the property under the law or will.