Inheritance in Ukraine when you live abroad: the six month rule

Of everything that follows a death in Ukraine, this is the part where families abroad lose the most, and almost always for the same reason: they believe there is no hurry. There is.

Six months, and the clock did not stop

Under Ukrainian law an heir has six months from the date of death to accept the inheritance. A government decree adopted in 2022 was widely read as suspending that deadline for the duration of martial law, and the belief spread quickly among Ukrainians abroad.

The Supreme Court settled the question: the six month period was not suspended. It runs as it always did.

So if a parent died in September, the claim must be filed by March. If someone has told you that you can wait until the war ends, they are mistaken, and acting on that advice is expensive.

You do not have to fly to Ukraine

This is the part most families do not know, and it saves both money and leave from work.

A statement of acceptance of inheritance can be submitted through a Ukrainian consulate in your country. It can also be drawn up by a local notary where you live, apostilled, and sent to Ukraine by post. Either route is valid, and both are used constantly.

You can also issue a power of attorney to a relative in Ukraine so that they act for you. The power of attorney is prepared abroad, apostilled, translated, and used by your relative here.

What matters is the date. The statement must reach the notary within the six months, so allow for postal time, which from Italy or Canada is not a formality.

Which notary handles it

As a rule, the inheritance case is opened where the deceased last lived. For our families that means a notary in Zhmerynka or Sharhorod.

Martial law added flexibility where it is genuinely needed. If the last place of residence is in occupied territory or in an active combat zone, any notary in government controlled Ukraine may accept the case. If a case was opened before occupation, another notary may continue it rather than starting again.

Two things people abroad rarely consider

Debts come with the estate. Accepting an inheritance means accepting the deceased’s debts as well, limited to the value of what you receive. If there was a significant loan, find out before you file, not after.

A will may exist even if nobody mentioned one. All Ukrainian wills are recorded in the Inheritance Register, and the notary checks it when opening the case. A will made twenty years ago in another region will still surface.

If the six months have already passed

Two routes remain. The other heirs who did accept can give written consent to include you. Failing that, you apply to a court for an additional period.

Courts grant this only for objective reasons. Occupation, combat, serious illness and long treatment are accepted. Being abroad by itself is not, because a consulate was available. This is worth knowing before you build a case on it.

General guidance only, not legal advice. For your situation consult a Ukrainian notary or lawyer.