A will in my favor: is it mandatory to go to a notary?

A will is only the testator’s expression of intent for the future and not an automatic transfer of ownership. It becomes legally effective only after the testator’s death and provided that the heir accepts the inheritance in the manner prescribed by law.
If the person is still alive, it is impossible to apply to a notary “to formalize the inheritance under the will” – the inheritance has not yet been opened, and you do not acquire any rights as an heir. Instead, you have the right to keep a copy of the will (if you were given one) and to know which notary to contact in the future.
When and where to apply to a notary
The first key rule is that the procedure for accepting an inheritance begins only after the testator’s death. From this moment the inheritance is opened, and the heir has a general period of 6 months to submit an application for its acceptance to a notary.
You must apply to any notary (state or private) who is authorized to handle inheritance cases at the place where the inheritance is opened – usually this is the last place of residence of the deceased, and if it is unknown, the location of the immovable property or its main part. In practice, this is how the inheritance under a will is usually processed.
Why a will does not exempt you from contacting a notary
The existence of a will does not mean an automatic transfer of rights – the notary must:
open an inheritance case;
check the information in the Inheritance Register (whether there is another will, an inheritance contract, or an already opened case);
determine the circle of heirs, including persons entitled to a compulsory share in the inheritance.
In addition, it is through the notary that you receive a certificate of the right to inherit – this is the document that confirms your ownership of the property (apartment, house, land plot, money in bank accounts, etc.) and allows you to register this right in state registers. Without this document you are not legally the owner, even if your name is directly stated in the will.
What steps the heir must take
If you have learned that you are an heir under a will (or have a copy of the will), the general sequence of actions is as follows:

  1. Within 6 months from the date of the testator’s death, apply to a notary with an application for acceptance of the inheritance. The application is submitted in person; if you are abroad, it is possible to act through a consulate or by certifying your signature with a foreign notary followed by an apostille/legalization.
  2. Submit to the notary:
    passport and tax identification number;
    · death certificate of the testator;
    · original or duplicate of the will (if you have it);
    · if available – title documents for the property (documents for real estate, bank certificates, etc.). If necessary, the notary requests additional information, including details of a will certified by another notary.
  3. After the expiry of the 6‑month period and collection of all documents, obtain the certificate of the right to inherit and carry out state registration of the ownership right (for real estate the notary does this simultaneously with issuing the certificate as a state registrar).
    What happens if you do not apply in time
    If the heir under a will does not submit an application for acceptance of the inheritance within the 6‑month period, the general rule is that they are considered not to have accepted the inheritance. In this case all property or part of it may pass to other heirs – under the will or under the law, depending on who else is entitled.
    In certain situations the missed time limit can be restored by a court if valid reasons for the delay are proven, such as illness, lack of knowledge about the death, wartime circumstances, or physical impossibility to submit the application. However, this always involves additional time and resources, and the outcome depends on the specific circumstances, evidence, and court practice.
    Special situations and common mistakes
    In practice the following situations are common:
    An heir believes that “giving oral consent to relatives” is enough, but oral consent is not equivalent to an application to a notary and does not create the legal effect of accepting the inheritance.
    A person waits until “6 months pass and then I will go to the notary” – this is a misconception, because the application must be submitted within the 6‑month period itself, not after it.
    Another widespread myth is that “if I am registered in the apartment of the deceased, this already means acceptance of the inheritance”. Actual acceptance of the inheritance may be taken into account by the court, but for clear and safe registration of rights it is always recommended to submit an official application to a notary and open an inheritance case.
    Conclusion: is it necessary to contact a notary
    Thus, even if a will is made in your favor, contacting a notary is a mandatory and key step in exercising your inheritance rights. The notary opens the inheritance case, checks for existing wills and contracts, ensures the proper distribution of the inheritance, and issues certificates without which you cannot register ownership or fully dispose of the property.
    Author – Svitlana Krutorohova, attorney at the WINNER Law Firm. If you have any questions or problems related to formalizing an inheritance under a will, missing the deadline for applying to a notary, disputes between heirs, or challenging a will, it is advisable to seek individual legal advice in order to assess the risks and choose the best course of action in your specific situation.

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