How to register inheritance of property in Ukraine while residing in Canada?

Registering inheritance of property in Ukraine while residing in Canada requires close coordination between Ukrainian notaries, consular services, and, if necessary, a trusted representative in Ukraine. Below is a detailed description of all stages of the process, document requirements, and useful tips for successfully completing the procedure without being physically present in Ukraine.

1. Establishing the fact of the testator's death and collecting primary documents

The first step is to obtain the death certificate of the deceased. If the death occurred in Ukraine, the document is issued by the civil registry office (RAZS). If the deceased died in Canada, you must contact the Canadian Vital Statistics Office of the province to obtain a death certificate. This certificate must then be:

  • Apostilled (in accordance with the Hague Convention) at the Ministry of Justice of that province or at the federal level.

  • Translated into Ukrainian by a sworn translator with a seal and signature.

The apostilled certificate and translation should be submitted to the Consular Section of the Embassy of Ukraine in Ottawa or the Honorary Consulate in Toronto for affixing a consular stamp (if foreign documents were translated).

2. Determining the grounds and preparing a will or a package of documents for inheritance by law

2.1. If there is a will

If the testator left a will, it must be notarized:

  • in Ukraine – by a notary at the testator's place of residence,
  • or abroad – with an apostille and consular confirmation.

A will certified in Canada must be translated into Ukrainian by a sworn translator and submitted to a Ukrainian notary office together with the apostilled original and translation.

2.2. If there is no will (inheritance by law)

The inheritance is distributed in accordance with the Civil Code of Ukraine: priority is given to direct relatives – children, spouses, parents. Next in line are other relatives (brothers, sisters, grandfathers, grandmothers, etc.).

Documents required to open an inheritance case by law:

  • Death certificate with apostille and translation.
  • Documents confirming family ties: birth certificate, marriage certificate (for spouses), and family composition certificate. All these documents must also be apostilled and translated.
  • Documents establishing title to the inherited property (state land deed, certificate of ownership of an apartment, technical passport of real estate, vehicle registration certificate, etc.).

3. Issuing a power of attorney through the consulate

Since a notary office in Ukraine will require your physical presence, but you are in Canada, issue a consular power of attorney to a representative (lawyer, notary, or trusted person in Ukraine).

Procedure for obtaining a power of attorney:

  1. Make an appointment with the consular section of the Embassy of Ukraine in Ottawa or the Honorary Consulate in Toronto.

  2. Prepare your Ukrainian foreign passport or internal passport (ID card) and documents certifying your Canadian residence permit.

  3. Draft a power of attorney in Ukrainian with a clear list of powers (acceptance of inheritance, submission of documents, obtaining a certificate of inheritance, registration of property).

  4. Have it certified by a consular notary: identity verification, consular stamp and signature.

After that, the power of attorney does not require additional apostille and is immediately valid in Ukraine.

4. Opening an inheritance case in Ukraine

Your representative submits the following documents to the notary at the last place of residence of the testator:

  • Power of attorney certified by the consulate.

  • Original death certificate with apostille and translation.

  • Certificates of family ties (apostille, translation).

  • Documents establishing ownership of property.

  • Will (if any).

  • Certificate of inheritance property (the notary office prepares it independently or provides a template for submission).

  • Receipt for payment of notary and state fees (0.5%–5% of the estimated value of the property, depending on the degree of kinship).

The notary opens the inheritance case, checks the documents, and within the time limits established by law (up to six months) issues a certificate of inheritance rights.

5. State registration of acquired property

5.1. Real estate

To register ownership, submit the following to the Administrative Services Center or via the “Dія” electronic portal:

  • Certificate of inheritance.

  • Technical passport and/or cadastral number (for land plots).

  • Property transfer and acceptance act signed by a notary.

  • Receipt for the registration fee.

The procedure takes up to 10 business days, after which you will receive new extracts from the State Register of Real Estate confirming your ownership rights.

5.2. Vehicles and other movable property

Registration of a car or other vehicle is carried out at the SC of the Ministry of Internal Affairs. You must provide:

  • Certificate of inheritance.
  • Passport and identification code of the heir.
  • Power of attorney (if necessary) and certificates of ownership of the vehicle.
  • Payment of the state fee for re-registration.

6. Deadlines and potential difficulties

  • The legal deadline for accepting an inheritance is six months from the date of death. Failure to meet this deadline will result in the need to appeal through the courts.

  • Apostilles and translations can take from a few days to two weeks, depending on the workload of the authorities.

  • A consular power of attorney is issued by appointment and is usually ready in one to two business days.

  • In case of discrepancies in the documents (for example, different surnames in Canadian and Ukrainian certificates), notarized confirmation of each change will be required.

7. Tax and customs aspects

  • Exporting movable property from Canada to Ukraine requires filling out a customs declaration and confirming ownership in both countries.

  • In Ukraine, inheritance taxes are not levied between close relatives (first and second degree). For other categories, a rate of 5% of the value of the property is provided.

  • In Canada, real estate in Ukraine is declared in the annual tax return if its value and income from it exceed the threshold values.

Compliance with all the steps described, timely preparation of apostilled translations, and professional assistance from a representative in Ukraine guarantee the successful registration of inheritance without the need to return to Ukraine in person.