Application to Accept an Inheritance in Kyiv: Deadlines and Documents

What the application is and when you cannot do without it

An application to accept an inheritance is a written statement by an heir to a notary declaring an intention: I accept the deceased person’s property. Ukrainian law does not force anyone to accept — Article 1268 of the Civil Code gives an heir by will or by law the choice between acceptance and refusal. But once the choice is made in favour of acceptance, the only way to formalise it is this application through a notary.

The application does two separate things. First, it fixes the point from which you count as having accepted the inheritance. Second, it opens the inheritance case: the notary registers the file in the Inheritance Register, and the certificate of title to the inheritance is later issued within that same case (clauses 2.1 and 2.7 of the Procedure for Notarial Acts). Without an application — or without a confirmed fact of shared residence — the process does not start at all.

There is no point writing the application “for later”. The six-month clock runs from the date of death, and once it expires an heir who filed nothing is treated as not having accepted the inheritance (Article 1272, part one). The application is therefore not a formality at the end of the process but the first step, best taken within the first weeks.

“An heir by will or by law has the right to accept an inheritance or not to accept it. Acceptance of an inheritance subject to a condition or reservation is not permitted.” — Civil Code of Ukraine, Article 1268.

Who files in person and who does not need to file at all

Not everyone needs to file. An heir who was permanently living with the deceased at the time the inheritance opened is treated as having accepted it, provided that no refusal was filed within six months (Article 1268, part three). Shared residence is later evidenced by an extract from the territorial community register, a residence registration certificate or another document (clause 3.20 of the Procedure).

Everyone else — the most common situation, where adult children live apart from their parents — does need the application. It is filed with a notary in person (Article 1269, part two). In rural settlements without a notary, the application is received by an authorised official of the relevant local self-government body.

A person who has reached fourteen files the application independently, without parental or guardian consent (Article 1269, part three). On behalf of a minor child or an incapacitated person the application is filed by the parents, adoptive parents or guardian (Article 1269, part four). These same categories are treated as having accepted the inheritance where no refusal was filed (Article 1268, part four).

One point rarely covered in short guides: the application cannot be filed through a representative. Clause 3.6 of the Procedure expressly prohibits notaries from accepting applications to accept an inheritance, to refuse it, or to withdraw either, where they are drawn up on the heir’s behalf by a representative acting under a power of attorney.

Deadlines: six months, three months and the wartime count

The main deadline is six months from the opening of the inheritance (Article 1270, part one). The opening is the date of death, or the date from which a person is declared dead — not the funeral date and not the date you received the death certificate (clause 1.7 of the Procedure). Where the certificate states only a month and year, the opening is the last day of that month; where it states only a year, it is 31 December of that year (clause 1.6).

The second deadline — three months — applies where your right to inherit depends on other heirs not accepting the inheritance or refusing it. The clock then starts from that non-acceptance or refusal, and if less than three months remain, the period is extended to three (Article 1270, part two).

The third case is hereditary transmission. If an heir dies after the inheritance opened without having accepted it, the right to accept their share passes to their own heirs (Article 1276). They exercise that right within the remaining period, and if that is less than three months it is extended to three.

Wartime added a separate counting rule. Where a death was registered more than one month after the date of death, the deadlines set by Articles 1269, 1270, 1271, 1272, 1273 and others run from the date of state registration of the death. The opening of the inheritance is still deemed to be the date of death (clause 20 of the Transitional Provisions of the Civil Code). The rule applies during martial law and for two years after it ends or is cancelled.

A word about a widespread error in online guides. Many texts still claim that under martial law the deadline to accept an inheritance is ten months. The actual wording was different: clause 3 of Cabinet of Ministers Resolution No. 164 of 28 February 2022 suspended the running of the period for the duration of martial law, and from 24 June 2022 for no more than four months (Resolution No. 719). That is where the figure of 6 + 4 = 10 months came from. Clause 3 was repealed by Resolution No. 469 of 9 May 2023, so the ordinary six-month period now applies. In its current wording Resolution No. 164 deals with other matters: the ban on acts in temporarily occupied territories, extension of registration deadlines and special notarial forms.

Where to file: place of opening and the wartime exceptions

As a general rule the application is filed with a notary at the place where the inheritance opened. That place is the deceased’s last place of residence (Article 1221, part one). If the residence is unknown, it is the location of immovable property or its main part, and where there is no immovable property, the location of the main part of the movable property (clause 1.12 of the Procedure).

The place of opening is proved by an extract from the territorial community register, a residence registration certificate or another supporting document. A death certificate will not do — clause 1.13 of the Procedure says so expressly. If no document exists, the notary explains the right to apply to court to establish the place where the inheritance opened.

The wartime exceptions matter for anyone whose inheritance opened in an affected area. Where the place of opening is a settlement in which state authorities temporarily cannot exercise their powers, an area of active hostilities or temporarily occupied territory, the application may be filed with any notary regardless of the place of opening (clause 21 of the Transitional Provisions of the Civil Code). The case is then handled where the first application was filed.

You can file the application and open the inheritance case through the service page application to accept an inheritance. The next stage is issuing a certificate of title to an inheritance by law, which sets out the documents the notary checks before issuing it.

What the application must contain

The application is made in writing and filed in person (clause 3.3 of the Procedure). There is no single prescribed form, but the notary checks that the text carries the key data: the applicant’s full name and identity document details; the deceased’s details and the date of death; a clear statement of intent (“I accept the inheritance”); the basis of inheritance — by law or by will; and a list of assets where known.

On wording. The application cannot be conditional: “I accept if I get the flat” or “I accept half” simply does not work. The law expressly prohibits acceptance subject to a condition or reservation (Article 1268, part two), and clause 3.12 of the Procedure adds that an heir cannot accept one part of the inheritance and refuse another; whoever accepts a part is deemed to have accepted the whole.

The application can be withdrawn. If you change your mind, within the same period allowed for acceptance you may file a withdrawal (Article 1269, part five). The notary is obliged to explain that right when accepting the application (clause 3.10 of the Procedure), so you should be warned about it on the spot.

Documents you need — and what can wait

Filing the application requires a minimum; the full set for the certificate is collected later, inside the case file. That is precisely why the application should not be postponed until “all the paperwork is ready”: the clock is running while the case is not yet open.

At the filing stage an identity document and confirmation of death are enough. The notary verifies the death against the death certificate or by direct access to the State Register of Civil Status Acts (clause 1.3 of the Procedure). If there is no certificate, or the register holds no record, the notary requests a copy of the death record (clause 1.4).

• passport or other identity document of the heir;
• the deceased’s death document, or the details the notary needs to verify the death in the civil status register;
• proof of the place of opening: an extract from the territorial community register or a residence registration certificate;
• evidence of family relationship: birth certificate, marriage certificate, a full extract from the civil status register (clause 4.4 of the Procedure);
• the will, where inheritance follows a will;
• documents showing the assets belonged to the deceased: contracts, technical documentation, register extracts;
• documents on incapacity or dependency, where a compulsory share or inheritance by a dependant is involved.

The set depends on the assets: a flat needs one bundle, land another, a share in a company’s charter capital a third. Missing information is requested by the notary from the relevant institutions, and issuance of the certificate may be postponed for that period, but not for more than one month (clause 4.15 of the Procedure).

Three ways to file: in person, by post, electronically

In person at the notary’s office is the main and simplest route. Where the heir appears personally, notarial certification of the signature on the application is not required: the notary identifies the applicant and makes an official note on the document under his or her own signature (clause 3.4 of the Procedure).

By post. The application may be sent by mail, but the signature on it must be notarially certified. An application sent before the six-month deadline expires and received by the notary after it is still treated as timely (clause 3.21 of the Procedure) — the envelope is kept in the case file as evidence.

Electronically. An application signed with a qualified or advanced electronic signature based on a qualified certificate may be submitted through electronic communications. It is timely if sent before 23:59 on the last day of the period (clause 3.21). The notary accepts it and opens the case, but will then ask either for a properly executed document or for the heir to attend in person (clause 3.5).

Where an application arrives without a certified signature, the notary does not refuse it: the application is accepted, the case is opened, and the heir is told what needs completing. This matters — the deadline is not lost in the meantime. A printout of the correspondence or the envelope is added to the file.

Missed the deadline: consent of the heirs or a court

If six months have passed with no application, the heir is treated as not having accepted the inheritance (Article 1272, part one; clause 3.13 of the Procedure). That is not the end of the road: the law offers two different routes, and which one is open to you depends on the other heirs rather than on you.

The first route avoids court. With the written consent of all heirs who accepted the inheritance, you may file the application with the notary at the place of opening (Article 1272, part two; clauses 3.16–3.17 of the Procedure). The consents must be lodged before the certificate of title is issued. It is the fastest option, but it only works if the other heirs agree.

The second route is court. Where the reason for the missed deadline can be regarded as valid, the court may set an additional period sufficient to file the application (Article 1272, part three). After the ruling, the application is filed within the period the court set (clause 3.15). What counts as a valid reason is decided by the court case by case.

If you cannot attend in person, the actions that can be delegated are described on the page power of attorney for inheritance formalities — but the acceptance application itself can only be filed by the heir in person.

What it costs and why there is no single figure

There is no single state fee for an application to accept an inheritance. In its current wording, Article 31 of the Law “On Notaries” (as amended by Law No. 775-IX of 14 July 2020) provides that private notaries charge a fee set by agreement between the notary and the individual or legal entity. That article no longer sets a state tariff for private practice.

The Procedure for Notarial Acts repeats the same rule: state notaries collect state duty at the rates fixed by law, while private notaries set their fee by agreement (Chapter 16, clauses 1 and 3). So there is no accurate answer to “how much does the application cost” without speaking to the notary — and any fixed figure in an article would be invented.

What drives the price: the size of the case, the number of assets, whether documents must be requested from other institutions, registration steps, and how hard the family relationship is to prove. Ask for a figure after briefly describing the situation, so that it is final rather than a starting point. Treat published hryvnia amounts with caution: they often cite a tariff that no longer exists.

Step by step, and the mistakes that cost time

In practice the sequence is this. First establish the place of opening and the notary who handles that territory. Then collect the death document and proof of the deceased’s last residence. Then file the application in person: the notary checks the Inheritance Register for an existing case (clause 2.2), registers the new one and explains the next steps.

Documents on family relationship and assets are collected afterwards. The certificate of title is issued on the application of heirs who accepted, once six months from the opening have passed (clause 4.11 of the Procedure), but issuance itself is not time-barred — you can apply a year or five years later (clause 4.12). The absence of a certificate does not deprive an heir of the inheritance (Article 1296).

The expensive mistakes. Waiting until “everything is collected” and letting the deadline pass. Assuming a power of attorney replaces a personal application. Writing a conditional application or accepting “part” of the inheritance. Assuming a death certificate proves the place of opening. None of these makes the inheritance unreachable, but each adds months and a separate court stage.

And finally. If no heir files an application and the inheritance passes to no one, the local self-government body at the location of the immovable property must apply to court to have the inheritance declared escheated — one year after the inheritance opened (Article 1277). Silence on the heirs’ side does not preserve the assets: after a year they may pass into communal ownership.

This material is for general information and does not replace advice from a notary on a specific case: the documents, deadlines and procedure depend on the circumstances. The provisions were checked against primary sources as of October 2026.

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