The six months for accepting an inheritance still run under martial law. Many people still count on the war “freezing” the deadline and only learn of the refusal at the notary's office. Here is how not to miss the deadline, how to restore it if it has already passed, and what to do with the estate of someone killed in action or missing.

The main rule: six months

The succession opens on the day the deceased dies. From that day an heir has six months to file an application to accept the inheritance with a notary (Article 1270 of the Civil Code). If they do not, they are deemed not to have accepted it (Article 1272(1) CC).

If your right to inherit arose only because another heir renounced or did not accept the inheritance, your deadline is three months from the moment the other heir renounced or failed to accept it (Article 1270(2) CC).

Filing the application is not the same as receiving a certificate. The notary issues the certificate of inheritance after the six months have passed; the application only records that you have accepted the inheritance.

Articles 1270, 1272 of the Civil Code of Ukraine

Martial law does not stop the clock

At the start of the war the Cabinet of Ministers, by Resolution No. 164 of 28.02.2022, suspended the running of the deadline for accepting an inheritance. That rule was repealed from 19 June 2023, and the ordinary six months apply again.

But even for 2022–2023 it is risky to rely on a “frozen” deadline. In case No. 692/852/24 the Supreme Court held that a Cabinet resolution cannot change deadlines set by the Civil Code, and did not apply it. Martial law, relocation or living abroad are not, in themselves, treated by the courts as a valid reason for missing the deadline.

Cabinet of Ministers Resolution No. 164 of 28.02.2022; ruling of the Civil Cassation Court of the Supreme Court of 13.06.2025 in case No. 692/852/24

Deadline missed: two routes

A court grants an additional period only where the reasons for missing the deadline are objective, insurmountable and supported by documents. What usually works:

• a long serious illness or in-patient treatment — with medical records;
• military service, especially in the combat zone;
• being in occupied territory from which it was impossible to reach a notary;
• not knowing about a will made in your favour;
• delay in obtaining documents without which the application was not accepted (for example, a death certificate from abroad).

What usually does not work: not knowing the deadline or the law, not knowing about the property, age, “no money for the journey”, general references to the war.

The estate of a serviceman killed in action

The succession opens on the date of death stated in the death certificate. After that the general rules apply: an application to the notary within six months, the certificate once they have passed.

• First-line heirs are the children, the spouse and the parents (Article 1261 CC). If there is a will, the will applies. But minor children, adult children unable to work, a widow or widower unable to work and parents unable to work receive a compulsory share — half of what they would have received by law (Article 1241 CC).
• Unpaid military pay and other sums due to the deceased but not paid during their lifetime go to the family members, and if there are none they form part of the estate (Article 1227 CC).
• The one-off death-in-service benefit is a separate state payment to family members under a special procedure, not part of the inheritance. Details in the guide on the UAH 15 million benefit.

If a person is missing

While a person is considered missing, the succession does not open: that requires a death certificate or a court decision declaring the person dead.

A person who went missing in connection with hostilities may be declared dead by a court two years after the day hostilities end. Depending on the circumstances of the case — earlier, but not earlier than six months (Article 46(2) CC). In its decision the court sets the day of death, and the six months for accepting the inheritance run from that day. If that day lies far in the past, the deadline may already have expired by the time of the decision. So the application to the notary should be filed immediately after the decision, and if necessary the court should be asked for an additional period at the same time.

Until then the missing person's property can be looked after by a guardian appointed once the person has been declared missing (Articles 43–44 CC). More on guardianship in the guide on incapacity and guardianship.

Articles 43, 44, 46 of the Civil Code of Ukraine

Property or the deceased in occupied territory

• The notary. If the deceased's last place of residence was in occupied territory or in a zone of active hostilities, the inheritance case may be opened by any notary in government-controlled territory.
• Documents issued by the occupation authorities — including “death certificates” — are invalid in Ukraine. The fact of death in occupied territory is established by a Ukrainian court in non-contentious proceedings (Article 317 of the Civil Procedure Code), and such cases are heard as a priority.
• Destroyed housing. The right to compensation for destroyed property passes to the heirs. The decision on compensation is made after the certificate of inheritance has been obtained.

What not to do

• Do not wait “until the war is over”. The six months are running now.
• Do not assume that being registered in the deceased's flat automatically makes you an heir. What counts is actually living together on the day of death — and it has to be proven.
• Do not leave sending the application from abroad until the last week: what counts is the date it arrives.
• Do not sign a renunciation “in favour of my brother” without understanding it. A renunciation can be withdrawn only before the deadline for accepting the inheritance expires (Article 1273 CC), and the shares and the deceased's debts often come to light only later.
• Do not go to court for an additional period without documents proving the reason for the delay. Without evidence, courts refuse.

In short

• The deadline for accepting an inheritance is 6 months from the day of death, and martial law does not stop it.
• Those who lived with the deceased, as well as children and people without full capacity, accept the inheritance without an application.
• Deadline missed — written consent of the heirs who accepted the inheritance, or a court, if the reason is valid and documented.
• For a missing person, the succession opens only after a court declares them dead.
• Documents of the occupation authorities are invalid: the fact of death is established by a Ukrainian court.

Also useful:

• Civil cases;
• The UAH 15 million benefit;
• Guardianship;
• Divorce with a spouse abroad.