The loss of a loved one is certainly not the time to be thinking about sorting out property documents. However, to follow the legal procedure for settling an inheritance, you must submit an application in good time and assert your rights. These steps are essential for receiving your share of the inheritance, particularly when there are a large number of heirs.
Division of an estate without a will: who is entitled
When a person has not left a will, the estate is distributed according to order of priority. The first order of priority includes:
- Husband or wife. You must be in a registered marriage to be entitled to a share of the property. Cohabitation does not entitle a person to inherit.
- Children. Every biological child, adopted child and child born out of wedlock is entitled to inherit.
- Parents. Unless their parental rights have been terminated, parents are also entitled to a share of their deceased child’s estate.
Regardless of whether there is a will, the following are entitled to inherit:
- minors and young children;
- disabled parents;
- adult disabled children;
- a disabled husband or wife.
The second order of heirs includes:
- full brothers and sisters;
- maternal and paternal grandparents.
The third order of heirs includes full uncles and aunts.
Inheritance formalities: procedure
There is a specific procedure for receiving an inheritance which must be followed. It is as follows:
- Obtaining a death certificate for the deceased (this document forms the basis of the inheritance case).
- Determining the grounds for inheritance for each order in the absence of a will.
- Submitting an application to a notary for the acceptance of the inheritance and the opening of the inheritance case.
- Collection of the necessary set of documents from the applicant:
- passport and identification number;
- certificate confirming family ties;
- death certificate;
- title deeds to the property.
- Obtaining a certificate of inheritance. This is possible after the documents have been verified and six months have elapsed.
Time limits for claiming an inheritance
In its legislation, the state has clearly established a time limit within which each heir must submit an application to claim the inheritance. This period must not exceed six months from the date of the testator’s death.
To submit an application, you must contact a notary’s office. However, no one can receive the inheritance until six months have passed since the death. There will also be a delay in receiving the inheritance in the event of legal disputes. Until these are resolved, the property will remain pending.
Some nuances regarding the receipt of an inheritance without a will
There are numerous rules governing the inheritance of property without a will, which are set out in legislation. These include:
- adopted children inherit from their parents on an equal footing with biological children;
- every child may inherit their parents’ property, even if the parents are divorced;
- half of the property acquired during the marriage goes to the other spouse, whilst the remainder may be inherited by other heirs;
- Both assets and debts can be inherited;
- All shares of an intestate estate are divided into equal parts;
- A will may be declared invalid, in which case inheritance takes place in order of priority.
Get help from an inheritance lawyer in Kyiv from Svarog
Inheritance disputes often require a professional approach. Our firm offers solutions to the most complex inheritance-related issues. By contacting a solicitor, you will receive:
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Frequently asked questions and answers
How is an inheritance divided without a will?
The inheritance is divided according to the order of succession established by law:
- first – spouse, children, parents;
- second – grandparents, brothers, sisters;
- third – other heirs.
Who is entitled to an inheritance by law?
Mandatory heirs by law are:
- minors and young children;
- spouses who are unable to work;
- disabled parents.
What should be done in the event of a dispute between heirs?
To resolve a dispute over the division of an estate, it is necessary to apply to the court with evidence of entitlement to be an heir.
How do you claim a share of an inheritance without a will?
You must contact a solicitor with a full set of documents and open an inheritance case.
What documents are required for the division of an inheritance?
The heir must provide the following documents:
- death certificate;
- proof of family relationship;
- documents establishing title to the property;
- identity documents.
How much does a solicitor cost for the division of an estate?
The cost of a solicitor’s services depends on the complexity of the case regarding the division of property under a will and the need to prepare the case for court.