Branches of law

Restoration of the inheritance acceptance period

According to Article 1270 of the Civil Code of Ukraine, there is a 6-month period to accept the inheritance and it begins from the date of opening the inheritance.

During this period, all interested persons must submit their claims and relevant documents to the notary to receive the inheritance or refuse it.

At the end of this period, the notary determines which of the claimants have the right to get the inheritance, and who should be refused and for what reasons.

In many cases, the heirs miss the deadline for applying for acceptance of the inheritance. This happens for various reasons: departure, lack of funds to pay for notarial services and documents, ignorance of the law, and so on.
What to do if you missed the deadline for accepting the inheritance? There are two options:

  • If the reason is valid (it must be justified by evidence), you should apply to the court with a statement of claim for granting an additional period for accepting the inheritance. In order not to receive a refusal, it is necessary to state your legal position in a reasoned statement of claim. It is better to entrust the preparation of such a statement of claim to a competent lawyer.
  • After receiving the court decision on granting an additional period for accepting the inheritance, you should claim to the notary with this decision.

    Otherwise, if all the heirs who have accepted the inheritance do not object you accepting a part of the inheritance, it is necessary to submit to the notary a corresponding application and documents confirming the consent of the heirs.

But each case is different. Our lawyers will advise you, considering the specific situation. And, of course, our team will help you with the preparation of all necessary documents.

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