A notary starts an inheritance case on the basis of the first application (creditors' claim) submitted by the first person, which indicates the expression of will in relation to inherited or joint property.
However, sometimes situations arise when one or more heirs are not satisfied with the choice of a notary made by the person who first filed the application, or the heirs, for one reason or another, subsequently decide to change the notary who is handling the inheritance case. Then the question arises - can they apply to another notary to continue to handle the inheritance case?
The Ministry of Justice on its website clarifies that the general rule is that an inheritance case is opened once and maintained by one notary. And the fact that the heirs disagree with the choice of a notary or change their intentions is not a reason to change the notary.
At the same time, the law provides for an exhaustive list of exceptional cases when it is allowed to transfer or continue the inheritance case to another notary. Such cases are not related to the desire of the heirs, but to objective circumstances.
- In case of termination, suspension of notarial activities of a private notary, temporary blocking or cancellation of a notary's access to the State Register of Real Property Rights at the request of all heirs who have accepted the inheritance, the inheritance case may be transferred to another private notary or office within the same notary district after the expiration of the statutory period for acceptance of the inheritance.
An incomplete inheritance case opened by another notary accepted by a private notary or an office for its proceedings is assigned a new number.
- In case of liquidation of a state notary office The heirs may also apply for the transfer of the inheritance file to a notary or office of their choice.
In such cases, the heirs shall submit an application for the transfer of the inheritance file to the notary who maintains the unfinished inheritance file or keeps the completed inheritance file (in case of liquidation of the office, to the liquidation commission; if a private notary cannot personally transfer the inheritance file, to the relevant territorial body of the Ministry of Justice).
The authenticity of a signature on an application sent by post to a notary or submitted on behalf of the heirs by their representatives must be notarized.
The private notary or office to which the unfinished inheritance case was transferred shall conduct it until its completion and keep it in its archive.
The transfer of the completed inheritance case for the issuance of additional certificates of inheritance, certificates of ownership of a share in the joint property of the spouses (former spouses) in the event of the death of one of the spouses (former spouses) is carried out for the period necessary for the issuance of certificates.
Please note that in notarial districts where private notaries are not registered and offices do not operate, the inheritance case is transferred to a private notary or an office of another notarial district on the basis of an order of the relevant territorial body of the Ministry of Justice.
- Within the framework of an inheritance case and/or an inheritance that was opened in certain territories of Ukraine where state authorities temporarily do not exercise or do not fully exercise their powers, territories where active hostilities are taking place, or territories temporarily occupied by the Russian Federation, in respect of which the date of completion of hostilities or temporary occupation, the date of resumption of the exercise of their powers by public authorities in full, and in respect of which inheritance case was registered in the Inheritance Register, but it is impossible to continue the proceedings as a result of its destruction or lack of access to the place of its storage, any private notary (office) to which the heir, the other spouse (former spouse) has applied, continues to conduct such an inheritance case on the basis of the heir's application for completion of inheritance in respect of the inheritance, the other spouse (former spouse) for the issuance of a certificate of joint property of the spouses (former spouses).
- In case of establishing the fact of opening an inheritance case not at the place of opening the inheritance. The notary at the place of its opening shall request this case for further proceedings, except for inheritance cases opened in the cases specified in the first paragraph, third, fourth clause 21 of the section «Final and Transitional Provisions» of the Civil Code of Ukraine.
A new number is assigned to an inheritance case opened by another notary that has been accepted by a private notary or an office for its proceedings.
- In case of inheritance cases by different notaries (at the place of opening of the inheritance and/or not at the place of its opening in cases established by paragraphs one, three, four of clause 21 of the section «Final and Transitional Provisions» of the Civil Code of Ukraine). The inheritance file is requested by the notary who, according to the paper records, has the inheritance file earlier.
