How much time do Ukrainians actually have to arrange inheritance in 2026?
The war has changed not only the everyday life of Ukrainians but also legal procedures. One of the most sensitive issues has become the arrangement of inheritance, where ignorance of the new rules can lead to the loss of property.
In a comment to RBC-Ukraine, lawyer Lesya Halayko spoke about this.
Also read: How to arrange inheritance if the heir is abroad or in an occupied territory
Main points:
- Heirs from occupied territories or combat zones have the right to contact any notary in the controlled territory of Ukraine.
- The common belief that deadlines are “paused” during the war is incorrect – there is only 6 months to submit an application for inheritance.
- The Supreme Court confirmed that the government decree on pausing deadlines is not applicable as it contradicts the Civil Code.
- The missed deadline can be restored through the court only in the presence of insurmountable circumstances (health condition, occupation, psychological state, etc.).
- Citizens abroad can submit applications remotely through the Ukrainian consulate or a foreign notary with an apostille.
- If the inheritance case was opened before the occupation, any notary in the controlled territory can continue its processing without reopening.
Where inheritance is opened
As a general rule, inheritance is opened at the last place of residence of the deceased. If this cannot be established, it is based on the location of the property or its main part.
At the same time, in the conditions of martial law, there is a simplification: if the place of opening inheritance is located in a temporarily occupied territory or in a combat zone, the heir can contact any notary in Ukraine, regardless of the place of opening inheritance.
The fact of death is confirmed by a certificate or data from the state register.
What are the deadlines for accepting inheritance
The general deadline for accepting inheritance is 6 months from the date of the person’s death. During this period, an application must be submitted.
However, the common belief that deadlines are “paused” during the war is incorrect. The Supreme Court in its ruling dated January 25, 2023, in case No. 676/47/21 noted that the Cabinet of Ministers’ decree No. 164, which provided for such a suspension, is not applicable as it contradicts the provisions of the Civil Code of Ukraine.
If the deadline is missed, the court may grant additional time, but only in the presence of objective and insurmountable circumstances.
When can the deadline be restored
Such circumstances may include:
- difficult psychological state due to the death of a loved one, especially at a young age, combined with a minor missed deadline and difficulties in document processing (for example, the need to apostille the death certificate);
- legal obstacles after the opening of the inheritance case, particularly discrepancies in documents that were not the heir’s fault;
- health condition that made it impossible to timely contact a notary, including inpatient treatment, complications after childbirth or the birth of a child shortly before the death of the testator, acute illnesses;
- circumstances related to the war, particularly temporary occupation of territories that effectively deprived the opportunity to exercise the right to inheritance;
- unawareness of the existence of a will, if it was due to the bad faith of other heirs or inadequate information.
How to arrange inheritance abroad
Individuals outside Ukraine can exercise their inheritance rights remotely. An application for accepting inheritance can be:
- certified at a Ukrainian consular institution;
- processed by a foreign notary with subsequent apostille.
What to do if the case remains in the occupied territory
If the inheritance was opened in Ukraine before the temporary occupation after February 24, 2022, but the case was not completed due to loss of materials or lack of access to them, a special mechanism applies.
In this case, any notary in the controlled territory can continue the inheritance case and the arrangement of inheritance.
There is no need to reopen the case – the notary continues the proceedings based on the heir’s application.
Earlier, RBC-Ukraine reported on the main rules of inheritance in Ukraine, particularly regarding wills: who can be an heir, how to properly formalize the document, and what to do to obtain inheritance. It was also noted that even with a will, there are categories of individuals who cannot be deprived of their share of property, and the document can be changed or revoked at any time.
It should be noted that if the application is not submitted on time, a person is considered to have not accepted the inheritance. At the same time, the deadline can be restored – with the consent of other heirs or through the court if there are valid reasons.
