How can I apply for a share of inheritance after my mother's death if she died in the occupied territory and I don't have her death certificate? I live in Kyiv.
How can I apply for a share of inheritance after my mother's death if she died in the occupied territory and I don't have her death certificate? I live in Kyiv.
In accordance with the provisions of Article 1221 of the Civil Code of Ukraine, the place of opening of the inheritance is the last place of residence of the testator. However, if the last place of residence of the testator is a temporarily occupied territory, the place of opening of the inheritance will be considered the place of filing the first application. Filing an application will testify to the expression of will regarding the inherited property, heirs, executors of the will, persons interested in the protection of such property, or the claims of creditors. On the basis of the first application received, the notary shall open an inheritance case, which is subject to state registration in the Inheritance Register in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
Therefore, an inheritance case can be opened in any settlement in the territory controlled by Ukraine.
To obtain a death certificate for a person who died in a temporarily occupied territory, one should apply to the court at the place of residence (outside the occupied and ATO areas) with an application, a receipt for payment of the court fee, and relevant evidence of death. The application is submitted with an indication of the fact that needs to be established and a justification for the appeal to the court. Evidence is also attached, which are originals and copies of medical documents, including those drawn up in the occupied territories, audio and video recordings, explanations and testimonies of persons who can provide useful information, and other documents that can confirm the time and place of death.