I cannot issue an inheritance

Question

Before the war, the deceased lived in Kharkiv, where he owned 1/2 of the house. He died in Ivano-Frankivsk on August 25, 2022, had the status of an IDP. His daughter opened an inheritance case there.

After that, he returns to Kharkiv, where he wants to formalize his inheritance.

But she is refused, citing the law, and now she is forced to go to Ivano-Frankivsk for registration.

But doesn't it work during martial law that after the opening of the inheritance case, the notary forwards the documents to the notary who will directly formalize the accepted inheritance?

Yaroslav Sikorsky · Accepted Answer

The law provides for the possibility of opening an inheritance in any place, regardless of where the testator lived at the time of death. One, if the inheritance case was opened at a notary in Ivano-Frankivsk, then the documents must be submitted to the latter.

An inheritance case can be transferred to another notary in the following cases:

1. transfer of inheritance cases opened in violation of the requirements of Article 1221 of the Civil Code of Ukraine (regarding the place of inheritance opening), according to the authority of the notary, whose competence includes conducting this inheritance case. Such a transfer is carried out upon 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 inherited property);

2. transfer of the inheritance case to the notary at which, according to the paper carriers, the inheritance case was opened earlier, with the simultaneous opening of inheritance cases by different notaries at the place of the inheritance opening;

3. transfer of the inheritance case at the request of all the heirs who have accepted the inheritance to another private notary (state notary office) within one notary district after the expiration of the term established by law for accepting the inheritance in the event of termination, suspension of the notarial activity of a private notary, temporary blocking or canceling the notary's access to the State Register of Rights. At the same time, the private notary (state notary office) to whom the inheritance case is transferred is obliged to accept it in the proceedings. The authenticity of the signature of the heirs on the application must be notarized. In such a statement, it is mandatory to indicate to which private notary (state notary office) the inheritance case must be transferred;

4. the transfer of the inheritance case is carried out by the commission for the liquidation of the state notary office in the case of liquidation of the state notary office before the transfer of all documents of notarial records and the archive of the state notary office to the corresponding state notary archive.

I cannot issue an inheritance

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