There are not infrequent cases when a notary refuses to issue a certificate of inheritance to heirs consisting of real estate objects due to the lack of documents certifying the testator’s ownership of such property.

The testator completed construction but did not properly execute the documents for the real estate.

The testator acquired the property in the manner of inheritance by law/by will by entering into actual possession of the property, but did not execute the ownership right in the manner prescribed by law.

The notary’s refusal to issue a certificate of inheritance for these reasons is legal, because according to subparagraph 4.16 of paragraph 4 of chapter 10, section II of the Order of the Ministry of Justice of Ukraine dated February 22, 2012 No. 296/5 “On approval of the Procedure for performing notarial acts by notaries of Ukraine”, the issuance of a certificate of inheritance for property, the ownership of which is subject to state registration, is carried out by a notary after submitting documents certifying the testator’s ownership of such property.

However, the way out of this situation for the heirs is to apply to the court with a statement of claim for recognition of ownership of the inherited property.

Lex-Consulting lawyers, who have many years of experience in protecting the rights and interests of clients in national courts in disputes arising from inheritance relations, will help you go through the legal process, starting from preparing a statement of claim and ending with the registration of ownership of real estate based on a court decision.