Probate lawyer (attorney, solicitor) in Ukraine
Issues of acceptance and registration of inheritance often have many pitfalls. Often, our customers ask themselves the following questions: How can a foreigner inherit in Ukraine? Is it possible to inherit a property by a power of attorney in Ukraine? How much does it cost to inherit in Ukraine? What is the inheritance tax in Ukraine for non-residents? and many other similar questions.
This article is aimed, to some extent, to answer these questions and give introductory instructions on how to enter (accept) the inheritance in Ukraine.
The procedure for accepting (joining) an inheritance can be significantly more difficult if the testator spent their last days outside Ukraine, or if the heir is a non-resident of Ukraine.
For those who do not know, we will briefly describe what the word "non-resident" means. Non-resident status is enjoyed by persons (including both Ukrainian citizens and foreigners) residing in Ukraine for less than 183 days during the year, or who have an officially registered place of residence in another country.
Therefore, the procedure described below is suitable for both foreigners and Ukrainian citizens who are constantly abroad, that is, they are non-residents.
What to do to inherit real estate located in Ukraine?
In accordance with Art. 71 of the Law of Ukraine "On Private International Law" regulates the inheritance of real estate located in Ukraine is regulated by the law of Ukraine. This means that for the inheritance of real estate, it is necessary to go through the procedure provided for by the legislation of Ukraine, and it does not matter where the will is drawn up or where the testator lived and died the last time (there are some exceptions, but we will review them in another article).
In general, according to Ukrainian law, there is no difference in the order of inheritance between citizens of Ukraine and citizens of other states or non-residents. Differences are only in the amount of tax that must be paid for inherited property.
Therefore, for both foreign citizens and citizens of Ukraine, the legislator provided a period of 6 months for inheritance.
What does the inheritance mean? We will conditionally call this the consent of the heir, which is expressed by submitting to the notary a written statement of readiness to accept the inheritance.
Please note that before the expiration of a 6-month period from the death of the testator, only an application for acceptance of the inheritance must be submitted. The issue of registration of ownership of inheritance property during this period is not resolved.
Summarizing the foregoing, we can divide the process of inheritance into two stages: the first is the acceptance of the inheritance, the second is the registration of ownership of the estate. In the first stage, there is a time frame of six months; in the second stage, for registration of the inheritance, the heir is not limited in time.
If there is no way to come to Ukraine to inherit, what should I do?
Fortunately, in this case, a trustee (representative) who is located in Ukraine and acts on the basis of the power of attorney received from the heir will be able to help. And you can draw up all the documents with the help of our inheritance lawyers in Ukraine. We will coordinate all issues with a notary in Ukraine, send you sample documents that need to be drawn up, and explain in detail what and how to do. Contact us!
Read also:
What to do if you miss the 6-month deadline for accepting the inheritance in Ukraine?
Hereditary case - monetary compensation for inherited property
Foreigners buying property in Ukraine. What can be done before purchase?