Distribution of an estate without a will

Where there is no will, the estate passes to the heirs in order of priority — and within each order of priority, the shares are equal (Article 1267 of the Civil Code). This is a simple rule, and as long as there is only one heir, it works automatically.

Problems arise when there are several heirs and the property cannot be divided: one flat for three children, one car, one share in a business. It is physically impossible to divide these things in half — and this is precisely where families end up arguing for years.

The division of an estate in accordance with the law can be formalised in two ways: by an agreement between the heirs drawn up by a notary — quickly and cheaply — or through the courts — when an agreement cannot be reached.

+38 095 554-54-24 — legal advice

Five orders of succession

Each subsequent class inherits only in the absence of heirs from the previous class (Articles 1261–1265 of the Civil Code):

1. the testator’s children (including those conceived during the testator’s lifetime and born after their death), the surviving spouse, parents;
2. full brothers and sisters, grandmothers and grandfathers on both sides;
3. full uncles and aunts;
4. persons who lived with the testator as part of the same household for at least five years prior to the opening of the succession;
5. other relatives up to the sixth degree of kinship, as well as dependants of the testator.

Grandchildren inherit by right of representation — that is, the share of their deceased father or mother, if they predeceased the testator.

The fourth class — the most interesting and least well-known: a civil partner with whom a person has lived for more than five years is entitled to an inheritance if there are no heirs in the first three classes. However, the fact of cohabitation must be proven in court.

When shares are not equal

Equal shares are the rule, but there are exceptions:

• a change in order of succession by agreement. Heirs may agree in writing (before a notary) on a different distribution — this is a quicker route than going to court;
• a change in the order of succession by court order. A person may be recognised as an heir in the order that is already inheriting if they have, for a long time, looked after the testator, cared for them during illness, and provided for them financially (Article 1259 of the Civil Code). This is a practical mechanism for those who have looked after an elderly person for years, whilst the estate is being divided amongst relatives who were never present;
• disinheritance (Article 1224 of the Civil Code) — a court may disinherit a person who has evaded the obligation to support the testator, or who has intentionally taken the testator’s life or prevented the drawing up of a will.

How to divide indivisible property

An flat cannot be divided up. The law provides several mechanisms:

An agreement on the division of the estate. The heirs agree amongst themselves who gets what — it does not necessarily have to be divided equally. One takes the flat, another takes money and compensation. The agreement must be notarised (mandatory for property). This is the quickest and cheapest option.

Allocation of a share in kind — if technically possible (for example, a house with two entrances).

Awarding the property to one heir with compensation for the others. Through the courts, with a mandatory valuation of the property.

Joint partial ownership. The worst-case scenario: everyone becomes a co-owner, and no one can dispose of the property without the others’ consent. They live like this for years — and then end up in court anyway.

What makes the case complicated

• the heir cannot be contacted or lives abroad;
• the property is being concealed — the other heirs ‘forget’ to disclose some of the assets;
• the property is not registered in the deceased’s name (a non-privatised flat, a garage without documents, land without a state title deed) — first, one has to establish ownership in court;
• the six-month deadline for accepting the inheritance has been missed;
• the valuation is too low — and the person receiving the compensation loses out;
• a business forming part of the estate — the most complex category to value.

Searching for property: something we do, not the notary

The notary works with whatever is presented to them. We search for: legal enquiries to the State Register of Property Rights, the Vehicle Register, banks, the Unified State Register, and the Inheritance Register.

Very often, assets are discovered that the family were unaware of: bank accounts, a share in a limited liability company, a plot of land in another region, or a car registered in the testator’s name. And just as often — assets that other heirs have deliberately concealed.

When a solicitor isn’t needed

There are two heirs, both agree, the assets are registered, and the deadline hasn’t been missed — go to a notary and sign a partition agreement. It’s quick and cheap. That’s exactly what we’ll say.

You need a solicitor when:

• the heirs cannot reach an agreement;
• someone is concealing assets;
• the six-month deadline has been missed;
• the assets are not registered in the testator’s name;
• you looked after the testator, but the estate is being divided amongst those who were not present;
• someone needs to be disinherited;
• the estate includes a business, a share in a limited liability company, and debts;
• one of the heirs is abroad or has gone missing.

How we work

1. We determine the circle of heirs and the order of succession — taking into account the right of representation and the compulsory share.
2. We trace the assets — through solicitors’ enquiries to registers and banks.
3. We check the time limits — and extend them if necessary.
4. We conduct negotiations — an agreement drawn up by a notary is usually more advantageous than a year in court.
5. We handle the case in court — division of the estate, changing the order of succession, disinheritance, and recognition of ownership rights.
6. We register ownership rights to inherited property.

Cost of services

The following are charged separately: court fees (1% of the claim value — from 1,331.20 to 16,640 UAH in 2026), property valuation, and notary services.

Full price list · Solicitor specialising in inheritance matters

Questions and answers (Division of an estate by law)

How are shares divided amongst heirs of the same order?

Equally (Article 1267 of the Civil Code). Exceptions: an agreement between the heirs, a change in order of succession by the court, disinheritance, and the compulsory share.

Who belongs to the first order of succession?

The testator’s children, the surviving spouse, and the parents. Grandchildren inherit by representation — the share of their deceased father or mother.

Is a common-law wife entitled to an inheritance?

Yes, but only in the fourth order of succession — provided she has lived with the deceased as part of the same household for at least five years and there are no heirs in the first three orders. The fact of cohabitation must be proven in court.

I looked after the deceased, but the estate is being divided amongst relatives who never appeared. What should I do?

The court may recognise you as an heir in the relevant order of succession if you have looked after the deceased for a long period, cared for them or provided for them financially (Article 1259 of the Civil Code).

Can someone who did not look after the deceased be disinherited?

Yes. The court may disinherit a person who evaded their duty to support the deceased, provided there is evidence (Article 1224 of the Civil Code).

How can a single flat be divided between three heirs?

By means of a contract drawn up by a notary (one heir takes the flat, the others receive compensation) or through the courts, with the property being awarded to one heir and monetary compensation to the others. Joint partial ownership is the worst option: it will be impossible to dispose of the property without the consent of all parties.

What should be done if other heirs are concealing property?

Submit legal enquiries to the registers of property, vehicles, banks and the Unified State Register. Very often, property is discovered of which the family was unaware.

What should you do if the property is not registered in the deceased’s name?

First, establish ownership in court, then finalise the inheritance. A notary will not issue a certificate for unregistered property.

What documents should you bring to the consultation?

The death certificate, documents proving family ties, documents relating to the deceased’s property, a certificate of their last place of residence, and the notary’s refusal (if you received one).

Contacting a solicitor at Svarog regarding the division of an estate in accordance with the law

Tell us who the heirs are and what the estate comprises — we will check the order of succession and shares, locate assets you may not have been aware of, and advise whether the matter can be resolved by a notarial agreement within two weeks rather than a year in court.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00