How to Register an Inheritance if Death Occurred in an Occupied Territory

How to Confirm a Person’s Death in a Temporarily Occupied Territory

If a person died in a temporarily occupied territory of Ukraine, having a death document issued by the occupying administration is not sufficient to arrange inheritance. Ukrainian authorities do not recognize such documents as acts that independently create legal consequences.

At the same time, these documents should not be discarded or hidden. Part three of article 9 of the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” allows using documents that confirm the fact of birth, death, registration, or dissolution of marriage in TOT during the state registration of the corresponding civil status act.

In practice, a special judicial procedure is used to obtain a Ukrainian death certificate. This procedure was additionally clarified by the Ministry of Justice of Ukraine in September 2026.

Establishing the Fact of Death in an Occupied Territory through Court

Article 317 of the Civil Procedure Code of Ukraine permits filing an application to establish the fact of death to any local court of Ukraine that administers justice. The applicant’s place of residence does not matter. The application can be submitted personally, through a representative, or remotely via the “Electronic Court” system with a qualified electronic signature.

Members of the deceased’s family, their representatives, and other interested persons can apply if establishing the death affects their rights, duties, or lawful interests.

What Evidence of Death Can Be Submitted

The court assesses not a single document but the entire set of available evidence. Therefore, even if there is no Ukrainian medical certificate, inheritance can still be arranged after death in an occupied territory.

It is advisable to attach the following to the application:

• documents about the death obtained in the temporarily occupied territory;
• medical certificates, extracts, and other documents related to the death;
• photos or video of the burial place;
• cemetery or ritual service documents, if available;
• correspondence, messages, and other materials confirming the circumstances of death;
• documents about family ties with the deceased;
• information and testimonies of witnesses;

The more completely the date, place, and circumstances of death are confirmed, the easier it is for the court to establish a legally significant fact. The Ministry of Justice explicitly names medical documents, witness testimonies, photos, and video materials among possible evidence.

Is It Necessary to First Get a Refusal from the Civil Registry Office (DRACTS)?

No. Preliminary appeal to the civil registry office is not a mandatory condition for submitting an application to the court.

The applicant may initially apply to the civil registry office and obtain a written refusal, which can be attached to the court case. However, the law does not require this stage. This position is also supported by the practice of the Supreme Court.

How Much Does It Cost to Establish the Fact of Death through the Court

An important exception applies for this category of cases. Applicants in cases establishing the fact of death related to martial law, armed aggression, or temporary occupation of Ukrainian territory are exempt from paying the court fee.

This rule is explicitly provided for in point 21 of part one of article 5 of the Law of Ukraine “On Court Fees.”

Cases on establishing death by the special procedure are considered urgently from the date of receipt of the application. The decision is subject to immediate execution. Its appeal does not in itself suspend execution.

How to Obtain a Ukrainian Death Certificate

The court decision does not replace the death certificate. It creates the legal basis for the state registration of death in Ukraine.

The process is as follows:

1. Prepare evidence of death and documents confirming the applicant’s relationship with the deceased.
2. Submit an application to the local court to establish the fact of death.
3. Obtain the court decision establishing the date and place of death.
4. Conduct state registration of death at the civil registry office (DRACTS).
5. Receive the Ukrainian death certificate.
6. Apply to a notary to open or continue the inheritance case.

In 2026, electronic informational interaction is applied between the Unified State Register of Court Decisions and the State Register of Civil Status Records. The Ministry of Justice notes that state registration of the fact of death established by the court can be conducted on the basis of an electronic copy of the court decision received through such interaction.

What Is the Deadline for Accepting Inheritance after Death in an Occupied Territory

The general deadline for acceptance of inheritance is six months. However, for deaths registered late due to war or occupation, a special rule applies.

If during martial law death is registered in Ukraine later than one month after the actual date of death, the deadlines provided for acceptance of inheritance and a number of other inheritance actions are counted from the date of state registration of death. This rule applies during martial law and for two years after its termination or cancellation. At the same time, the legal time of opening the inheritance remains the actual date of the testator’s death.

For example, if a person died in an occupied territory on January 10, but Ukrainian state registration of death was only possible on May 20, given the conditions set out in point 20 of the Final and Transitional Provisions of the Civil Code, the six-month period for the relevant inheritance actions will count from May 20.

This provision protects heirs from a situation where a significant part of the period actually passed before a person physically had the opportunity to obtain a Ukrainian death certificate.

Which Notary to Contact if the Testator Lived in an Occupied Territory

As a general rule, the place of opening the inheritance is the last place of residence of the testator. But for temporarily occupied territories, the law establishes a special mechanism.

During the period of occupation of the respective territory and for six months after its end, inheritance applications can be submitted to a notary regardless of the place of opening of the inheritance. If the inheritance case is opened according to these rules, subsequent notarial actions are carried out at the place where the first corresponding application was submitted.

On Poshuk.info, you can separately review notary services and choose a specialist who works with inheritance cases.

What Documents Does the Notary Need

The specific package depends on the composition of the inheritance, presence of a will, and property documents. Usually, prepare:

• Ukrainian death certificate;
• passport and tax identification number of the heir;
• documents confirming family relationships;
• will, if it exists;
• documents on the apartment, house, land, car, or other property;
• information about the last place of residence of the testator, if available;
• court decisions if they are relevant to the inheritance case;

If some documents remain in the occupied territory or are lost, the notary determines which information can be obtained from state registers and which facts need to be additionally confirmed.

In complex situations, especially when it is necessary to simultaneously establish the fact of death, restore documents, and resolve issues with deadlines, one can use the category consultation of a lawyer. If the inheritance includes an apartment, house, land plot, or other real estate, it is also appropriate to contact a real estate lawyer.

Is It Possible to Inherit an Apartment or Land in an Occupied Territory

The fact that the property is located in a temporarily occupied territory does not deprive the heir of the right to inheritance. The inheritance case is processed according to Ukrainian legislation in the territory controlled by Ukraine.

The free legal aid system also clarifies that inheritance rights to an apartment, house, or land located in TOT can be arranged through a Ukrainian notary.

Problems usually arise not because of the inheritance right itself but due to the lack of documents, the impossibility of physical access to the property, or the absence of certain information in state registers.

What to Do If the Deadline for Accepting Inheritance Has Already Passed

First, it is necessary to correctly determine the date from which a six-month deadline was counted in a particular case. For death registered late due to occupation, it may begin not from the actual date of death but from the date of state registration of death in Ukraine.

If the deadline is indeed missed, there are two main mechanisms:

1. Obtain written consent of heirs who have already accepted the inheritance, if the particular situation permits such a procedure.
2. Apply to the court with a request to determine an additional period for accepting the inheritance and prove valid reasons for missing the deadline.

The procedure for notarial actions explicitly provides for the possibility of the court determining an additional deadline for an heir who missed the deadline for valid reasons.

Occupation of the territory, impossibility to obtain documents, evacuation, or prolonged absence of reliable information about the death may be significant for the case, but the court evaluates the circumstances individually.