What is inheritance
In order to streamline the inheritance process and comply with the law, a notary at the place of opening of the inheritance starts an inheritance file.
An inheritance case can be opened on the basis of:
- the first application for acceptance of the inheritance;
- statements of the heir to renounce the inheritance;
- applications for withdrawal of an application for acceptance of an inheritance;
- applications for the issuance of a Certificate of Inheritance;
- applications of the heir to receive part of the deposit of the testator in the bank (financial institution);
- applications of the second spouse for the issuance of a certificate of ownership of a share in the common property of the spouses in the event of the death of one of the spouses;
- statements on taking measures to protect hereditary property;
- creditor claims.
It is also necessary to present the basic documents to the notary.needed to open:
- testator's death certificate (original);
- will (if any);
- passport and identification code of the heir;
- a document confirming the place of residence of the deceased testator;
- a certificate with information about who permanently lived with the testator at the time of his death;
- documents confirming the family ties of the testator with the heir (marriage certificate, birth certificate, etc.).
Inheritance business can be started only at one notary!
Therefore, when opening an inheritance case, the notary, according to the data of the Inheritance Register, must check the existence of an established inheritance case, an inheritance contract, a will and take measures to ensure that the inheritance case is not opened again.
When establishing the fact of the simultaneous opening of several inheritance cases (for example, at the place of residence of the testator and at the location of the inheritance property), inheritance cases opened in violation of the requirements of Article 1221 of the Civil Code of Ukraine are transferred by appointment to a notary whose competence includes the conduct of this inheritance case.
An inheritance case is subject to mandatory registration by a notary in the book of registration and registration of inheritance cases, the alphabetical book of registration of inheritance cases and in the Inheritance Register.