HOW TO OBTAIN HERITAGE, IF THE TERM HAS EXPIRED
To enter into the inheritance of a property, you can apply for a relevant certificate to a notary or by filing a lawsuit in court. Such a conclusion can be made on the basis of the provisions of the Civil Code of Ukraine.
According to Article 1268 of the Civil Code of Ukraine, in the event that the heir passes the deadline for obtaining an inheritance approved by law, he is entitled to use the services of a notary. In the notary's office, a citizen can testify in writing the right to inheritance. Refusal to issue a document confirming the right to property by a notary implies receipt of a written resolution on disagreement to perform a notarial act.
After receiving the decision, the claimant to the inheritance may use the right to resolve the matter through the court. It is necessary to submit to the judicial authorities a statement of claim in which to justify the need to appoint an additional period to establish the right to own inherited property and accept the inheritance.
Proceeding from the above Article 1268 of the Civil Code of Ukraine, the heir is given the right to accept the inheritance or to refuse it and in case of inheritance by will, and on legal grounds. Article 1270 states that if the joint residence of the testator and heir is confirmed for a long time, the inheritance is transferred to the latter automatically after the opening of the inheritance. Denial of inheritance is possible during the period specified by law. For the acceptance of the inheritance, the legal norms establish a period of six months, the counting of which begins from the moment of the announcement of the will or the opening of the inheritance.
Article 1272 of the Civil Code of Ukraine contains a rule according to which an heir who has not received an inheritance on time due to circumstances can apply with supporting documents to the court. The court determines an additional period sufficient to prepare and submit to the authorities an application for the acceptance of the inheritance.
When the heir accepted the inheritance, which includes the real estate, then according to the norms of Article 1297 of the Civil Code of Ukraine, he must obtain from the notary a certificate of the right to immovable property, which passed into the inheritance. In villages such a document is issued by an authorized official of a relevant self-government body who is notarized.