In the process of inheritance, situations often arise when inherited property requires protection from damage, misappropriation, or illegal use. Protecting inherited property is an important mechanism established by Ukrainian inheritance law, ensuring the preservation of a deceased person's assets until the inheritance is accepted by the heirs. According to the Civil Code of Ukraine (CCU), this procedure is carried out by a notary and is aimed at protecting inheritance rights. In this article, we will examine the key aspects of protecting a deceased person's property, the procedure for safeguarding inheritance, managing inherited property, as well as recent developments in inheritance law. Our law firm provides professional services, assisting clients in complex cases of inheritance by law or by will.

Legal Basis for Protecting Inherited Property

The protection of inherited property is regulated by Article 1283 of the CCU and the Law of Ukraine “On Notariate.” Its purpose is to preserve assets in the interests of heirs, legatees (persons receiving property under a will), and creditors of the deceased. This is particularly important if heirs cannot immediately take control of the property, for example, due to being abroad or due to disputes.

As of 2025, inheritance law amendments take into account martial law: deadlines may be extended, and procedures are simplified for remote processing. For example, since January 30, 2024, for inheritances opened during the war, the six-month period for accepting inheritance begins from the date of death registration if it occurred later. This helps prevent the inheritance from being declared vacant.

The notary plays a key role: protection begins upon the request of heirs, the executor of the will, guardianship authorities, or local government. If the property includes the deceased’s debts, protection ensures their accounting so that heirs do not suffer losses.

Procedure for Protecting Inheritance: Stages and Measures

The procedure begins with opening an inheritance case by a notary at the place of inheritance (the deceased’s last place of residence).

Main stages:

1. Submitting a request. Heirs or interested parties submit a request to the notary to take protective measures. The request may be written or oral and accompanied by documents (death certificate, proof of relationship).

2. Description of inherited property. The notary prepares an inventory report, recording the condition, value, and location of assets. This includes real estate, vehicles, valuables, and money. For special items:

   • Weapons are handed over to the police.

   • Money and valuables are placed in a bank or notary deposit.

   • Animals or plants are placed under the care of appropriate persons.

3. Management of inherited property. The notary may appoint a guardian (manager) – a relative or professional specialist. The manager ensures preservation, pays taxes, and settles debts. Management costs are reimbursed from the estate.

4. Execution of the will. If a will exists, protection takes its provisions into account, such as transferring property to specific individuals or charitable organizations.

Protection continues until the inheritance is accepted (heirs’ application within six months) or until this period expires. If the inheritance is not accepted, the property may pass to the state as vacant. During martial law, protection may continue if there is a statement of consent to accept the inheritance.

In complex cases, such as disputes or the absence of heirs, the procedure may go through the court. Protection of inheritance rights includes challenging unlawful actions of third parties.

Features of Protection under Inheritance by Law and by Will

For inheritance by law (without a will), protection is important for the equal distribution among heirs (children, parents, spouse, etc.). If the deceased has debts, property is protected from creditors until full registration.

For inheritance by will, the notary ensures the execution of the will, e.g., transferring property to minors or disabled persons under guardianship.

Our Firm’s Services: Professional Assistance in Protecting Inherited Property

We understand how emotionally challenging this period can be, so we handle all bureaucracy:

• Situation assessment and document verification.

• Preparation and submission to the notary, coordination of the property inventory.

• Appointment of a reliable manager, supervision of property preservation.

• Assistance from opening the case to obtaining the certificate of inheritance.

• Resolution of disputes, protection from creditors or third parties.

• Online consultations for clients abroad.

We operate throughout Ukraine, ensuring confidentiality and efficiency. Contact us, and we guarantee the preservation of your inheritance.

Do not risk your inheritance – ensure its protection on time.

Protecting inherited property is a crucial step for safeguarding inheritance rights and avoiding losses. Knowledge of inheritance law and timely consultation with specialists will help preserve the inherited assets for heirs. In 2025, taking into account the realities of war, the procedure has become more flexible but still requires a professional approach. Our firm is ready to be your partner in inheritance matters – contact us for a detailed consultation.