The general period for accepting an inheritance is six months.
It begins to be calculated from the date of the testator's death or from the date on which he was declared deceased. If the heir does not submit an application for acceptance of the inheritance within the established period, he is considered not to have accepted it.
In the event of missing the six-month period for accepting the inheritance, an additional period for accepting it may be established with the written consent of other heirs who accepted the inheritance or on the basis of a court decision.
Reasons related to objective, insurmountable, significant difficulties for the heir to take actions to accept the inheritance are recognized as valid, in particular:
– prolonged illness,
– staying abroad for a long time,
– serving a sentence in prison,
– serving in military service in the Armed Forces of Ukraine,
– the heir's ignorance of the existence of a will, etc.
Legal ignorance of the deadline for contacting a notary or the heir's advanced age or incapacity, adverse weather conditions, or lack of funds to travel to the place of opening the inheritance are not considered valid reasons.
A lawsuit to determine an additional deadline for submitting an application for acceptance of inheritance is filed at the location of the real estate or its main part.
The lawyer will help you draft a statement of claim and advise you on valid reasons that prevented you from contacting a notary in a timely manner.