Place of opening of the inheritance
Documents confirming the place of opening of the inheritance can be:
If the last place of residence and place of death are the same:
- death certificate of the registry office;
If last place of residence and place of death do not match:
- certificate of the housing maintenance organization;
— certificate of the board of the housing-construction cooperative;
— certificate of the executive committee of the local administration;
- certificate from the place of work;
- an entry in the house book.
Most often, the place of opening of the inheritance is the last place of residence of the testator, determined in accordance with Article 29 of the Civil Code.
In notarial practice, an approach is used to determine the place of opening of an inheritance at the place of registration of residence of an individual.
If the testator had several places of residence, the last place of registration of the testator shall be considered the place of opening of the inheritance.
Thus, when opening an inheritance, in order to determine the place of opening an inheritance, the registration factor is first of all taken into account, and in the absence of registration, other data of state bodies and local governments, court decisions, etc.
It should be noted that in accordance with Article 3 of the Law of Ukraine “On freedom of movement” dated 11.12.2003 No. 1382-ІV, place of residence is housing located on the territory of an administrative-territorial unit in which a person lives permanently or temporarily.
In practice, the place of opening of the inheritance may not coincide with the place of residence and death of the testator.
If the place of residence of the testator is unknown, the place of opening of the inheritance is the location of the property or its main part, and in the absence of immovable property, the location of the main part of the movable property.
Ultimately, the place of opening of the inheritance will be determined by the notary on the basis of relevant documents that confirm the existence of the inheritance property and its location.
The place of opening the inheritance of conscripts, cadets of military schools will be their last place of residence - a village, a city, etc.
If the testator lived in the ATO zone or the location of his property is connected with the zone of the temporarily occupied territory, then the place of opening of the inheritance will be the place of filing the first application of the heirs.