Are there cases when the inheritance can be transferred to the state?
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In accordance with Article 1277 of the Civil Code of Ukraine, in the absence of heirs by will and by law, their removal from the right to inherit, their refusal to accept inheritance, as well as refusal to accept it by the local self-government body by the location of the immovable property, and in the absence of immovable property - by the location of the main part of the movable property is obliged to submit to the court an application to recognize the inheritance as dead.
If at the time of the opening of the inheritance there is movable property that is part of the inheritance on the object of immovable property, such movable property becomes the property of the territorial community to which the immovable property was transferred.
An application for recognition of the inheritance as dead may also be submitted by the creditor of the testator, and if the inheritance includes agricultural land plots - by the owners or users of adjacent land plots. In such a case, the court involves the local self-government bodies at the location of the immovable property, which is part of the inheritance, in the consideration of the case.
Inheritance, recognized by the court as deceased, becomes the property of the territorial community according to the location of immovable property, and in the absence of immovable property - the location of the main part of movable property.
An inheritance not accepted by the heirs is protected until it is recognized as dead in accordance with Article 1283 of the Civil Code of Ukraine.
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