50 Questions on Inheritance in Uzbekistan

1. What legal instrument governs the procedure for issuing a certificate of the right to inheritance by notaries?

Answer: The procedure for issuing a certificate of the right to inheritance is governed by the Administrative Regulation on the Issuance by Notaries of Certificates of the Right to Inheritance. This Regulation establishes the sequence of procedural actions, the rights and obligations of the notary and the heirs, the list of required documents, the form of the certificate, and the procedure for its execution and signing. It is based on the Law of the Republic of Uzbekistan “On Notary public”, the Civil Code of the Republic of Uzbekistan, and other normative legal acts regulating inheritance relations. Its application ensures uniformity of notarial practice throughout the territory of Uzbekistan and prevents arbitrary interpretation of procedural requirements.

2. Is the notarial act of issuing a certificate performed exclusively at the notary’s office?

Answer: While notarial acts are generally performed at the notary’s office, the Regulation permits off-site performance in duly justified circumstances. In such cases, mandatory audio and video recording of the entire process is required, including the notary’s explanation of the legal nature and consequences of the act and the signing of the documents. This requirement ensures evidentiary reliability and procedural transparency when the act is performed outside the office. The address of the off-site performance must be expressly indicated in the text of the document to eliminate any uncertainty as to the legality of the procedure.

3. In which language are notarial acts executed?

Answer: As a general rule, notarial acts are executed in the state language of the Republic of Uzbekistan. At the request of heirs or other interested parties, the notary is obliged to provide the text in Russian and, where feasible, in another acceptable language. Where a participant does not understand the language of the document, a translator may be involved, with mandatory indication of the translator’s identity and credentials and the fact of translation. This framework ensures the effective exercise of participants’ rights and prevents disputes concerning comprehension of the document’s content.

4. May minor heirs submit an application independently?

Answer: Minor heirs under the age of fourteen may not apply independently; their parents, adoptive parents, or legal guardians act on their behalf. Heirs aged between fourteen and eighteen may apply independently, subject to notification of their parents or custodians. This differentiation is consistent with the general principles of legal capacity and limited capacity established by civil legislation and is intended to safeguard the property interests of minors and prevent abuse by third parties.

5. Is it possible to submit an application through an electronic system?

Answer: Yes. The Regulation provides for the submission of applications through electronic platforms, including the Unified Interactive Public Services Portal (EPIGU) and the E-notarius.uz system. Through these platforms, heirs may schedule appointments with a notary, submit preliminary information for preparation of draft certificates, and authenticate electronic documents using a digital signature. Electronic registration streamlines case management, reduces the administrative burden on notary offices, and minimizes the need for in-person visits, which is particularly significant in inheritance matters involving multiple heirs and extensive documentation.

6. What is the statutory time frame for issuing a certificate of the right to inheritance?

Answer: A certificate of the right to inheritance is issued upon expiration of six months from the date of opening the inheritance, which corresponds to the date of the testator’s death. This period is intended to ensure identification of all potential heirs, receipt of statements of acceptance of inheritance, determination of compulsory shares, and verification of the existence of a will. It also serves as a safeguard for heirs residing in other regions or abroad. The Regulation provides for limited exceptions permitting earlier issuance where the absence of other heirs is reliably established.

7. May a certificate be issued prior to the expiration of the six-month period?

Answer: Yes. The Regulation expressly permits issuance of a certificate prior to the six-month period if the notary possesses reliable evidence confirming the absence of other heirs. This rule applies to both intestate and testamentary succession. In practice, such early issuance is rare, as the notary must exercise a high degree of certainty regarding the absence of additional claimants. This precaution minimizes the risk of subsequent disputes and protects the rights of potential heirs.

8. What constitutes the place of opening the inheritance?

Answer: The place of opening the inheritance is deemed to be the last permanent place of residence of the deceased, in accordance with established principles of inheritance law. This location determines the territorial jurisdiction of the notary and the competence to administer the inheritance case. If the deceased resided and was registered in another region, the inheritance case must be opened in that jurisdiction. This rule prevents concurrent proceedings by multiple notaries in respect of the same estate.

9. How is the place of opening the inheritance determined if the last residence is unknown?

Answer: If the last place of residence of the deceased is unknown, the Regulation establishes alternative criteria, namely the location of immovable property or its principal part. In the absence of immovable property, the determining factor is the location of the principal part of the movable property. This approach ensures that an inheritance case may be opened even where residence information is unavailable, a situation that may arise when a person dies without a fixed address or while residing abroad.

10. May a certificate be issued to a foreign heir?

Answer: Yes. The Regulation recognizes the participation of foreign nationals in inheritance relations. Issuance of certificates in such cases is carried out with due regard to international treaties of the Republic of Uzbekistan on legal assistance and the principle of jurisdiction based on the location of the inherited property. Where the deceased resided abroad, immovable property located in Uzbekistan is certified by a notary at its location. This framework promotes international consistency in inheritance procedures and protects the rights of non-resident heirs.

11. Who is entitled to submit an application to open an inheritance case?

Answer: An application to open an inheritance case may be submitted by any heir or by an authorized representative. Upon receipt of the application, the notary verifies the death of the deceased, determines the circle of heirs, checks for the existence of a will, and establishes the composition of the estate. The opening of the inheritance case is registered in the relevant system and the initial application is recorded. This procedure prevents duplication of cases among notaries and establishes priority of filing.

12. Is the notary required to verify the fact of death?

Answer: Yes. Verification of the fact of death is a mandatory prerequisite for issuing a certificate, as it constitutes the legal basis for opening the inheritance. Acceptable evidence includes a death certificate, an extract from civil registry records, or an official medical certificate. Electronic verification mechanisms help prevent the submission of forged documents and confirm the authenticity of the event, thereby safeguarding the rights of other heirs.

13. May an heir renounce the inheritance?

Answer: Yes. An heir may renounce the inheritance by submitting a notarized statement. Notarial certification confirms the voluntary and informed nature of the renunciation. The renunciation does not require specification of the property involved and may be made in favor of other persons only in cases expressly provided by law; it does not extend to the compulsory share. The Regulation stipulates verification within the electronic system to prevent repeated or inconsistent renunciation statements.

14. Is renunciation of a compulsory share permissible?

Answer: Yes, renunciation of a compulsory share is permissible only in an unconditional form. Renunciation in favor of other persons is not allowed, as the compulsory share serves a social protection function for vulnerable categories of heirs, including minors and incapacitated persons. Any renunciation must be free of conditions or reservations and must not disturb the balance of interests among heirs.

15. Who is entitled to a compulsory share in the inheritance?

Answer: A compulsory share is granted to minor heirs and to legally incapacitated heirs entitled by law, including elderly persons and persons with disabilities. The notary is obliged to identify such individuals and include them among the heirs irrespective of the contents of the will. The compulsory share constitutes a statutory limitation on testamentary freedom and operates as a mechanism of social protection. In the event of disputes concerning entitlement to a compulsory share, issuance of the certificate may be temporarily suspended.

16. Does the notary verify the existence of a will?

Answer: Yes. Upon opening an inheritance case, the notary is required to verify the existence of a will through the automated electronic System. This verification includes establishing whether a will has been executed, confirming its validity, and determining whether it has been revoked or amended, as well as reviewing the conditions of its execution. This stage is essential for determining the circle of heirs and establishing the priority of testamentary succession over intestate succession. Where a will is identified, the notary must ensure its proper execution while safeguarding the compulsory share of eligible heirs.

17. What information must the notary verify when opening an inheritance case?

Answer: The notary must verify the fact of death of the deceased, the composition of the estate, the existence of a will, the kinship relations of the heirs, and the presence of any compulsory share. In addition, the notary verifies the existence of encumbrances or seizures on the property, the validity of powers of attorney, and the legal capacity of legal entities where corporate interests form part of the estate. These verifications ensure the legal integrity of the certificate and help prevent subsequent judicial disputes. This approach reflects the principle of protecting inheritance rights and maintaining stability in property transactions.

18. What documents are typically requested by the notary in inheritance proceedings?

Answer: The Regulation generally requires submission of a death certificate, a certificate from the internal affairs authorities confirming the deceased’s last place of registration, documents evidencing the deceased’s ownership of property, and documents confirming kinship relations. Where necessary, additional documents may include cadastral records relating to real estate, depository statements concerning securities, and documents reflecting the deceased’s family status. If heirs are unable to provide certain documents, the notary is authorized to obtain relevant information directly from electronic databases. This procedure facilitates access to notarial services and enhances the objectivity and completeness of the information collected.

19. Does the Regulation require confirmation of kinship between the heir and the deceased?

Answer: Yes. Kinship must be confirmed by official documents, such as birth, marriage, or divorce certificates, or extracts from civil registry records. These documents are necessary to determine the statutory order of succession and to calculate any compulsory share. In the absence of such documents, an heir may be included on the basis of written consent from all other heirs, thereby avoiding unnecessary delays in the proceedings. This mechanism is particularly important where documents have been lost or are unavailable, for example due to migration or prolonged residence abroad.

20. Is the notary required to verify the existence of an arrest or prohibition on the property?

Answer: Yes. The notary must verify, through the System, the absence of any arrest, prohibition, or other encumbrance affecting the inherited property. If such restrictions are identified, issuance of the certificate is suspended until they are lifted, except in cases where the consent of a secured creditor is obtained in relation to mortgaged property. This safeguard prevents unlawful transfer of property and protects the interests of creditors, law enforcement authorities, and third parties. Such verification constitutes a mandatory procedural guarantee in inheritance proceedings.

21. In what circumstances may an additional certificate of inheritance rights be issued?

Answer: An additional certificate may be issued where property not included in the original certificate is discovered after its issuance. This mechanism allows heirs to formalize their rights in respect of newly identified assets without reopening the inheritance case. The additional certificate may include heirs who were not previously listed, provided that the applicable rules of succession are observed. This is particularly relevant where information about certain assets—such as bank deposits, corporate interests, or land plots—becomes available at a later stage.

22. How are notarial acts recorded when issuing a certificate?

Answer: All notarial acts are recorded in the System and assigned individual sequential numbers. These numbers are maintained from the beginning of each calendar year and are used to systematize notarial recordkeeping. This registration system ensures traceability of documents and enables supervisory authorities to monitor notarial activities. Electronic recording reduces the risk of document loss and enhances the transparency of notarial procedures.

23. Is entry of a Personal Identification Number (PINFL) required when issuing a certificate?

Answer: Yes. The Regulation requires mandatory entry of the Personal Identification Number (PINFL) of heirs and other participants in the inheritance case where they possess biometric passports or ID cards. This requirement also applies to foreign nationals and stateless persons present in the territory of the Republic of Uzbekistan. Use of the PINFL improves identification accuracy, prevents identity duplication, and facilitates interagency electronic data exchange. Limited exceptions exist for certain categories of foreign nationals entitled to acquire immovable property without local registration.

24. How are state duties and other payments processed?

Answer: Once information regarding the heir and the certificate is entered into the System, the amount of payable fees is calculated automatically. Payment receipts are generated and may be printed or transmitted to the heir via SMS notification. The notarial act is performed only after confirmation of payment and entry of a verification code, thereby preventing execution of acts without payment. This mechanism ensures transparency in financial settlements and reduces the likelihood of disputes.

25. Are exemptions or benefits available with respect to state duties?

Answer: Yes. Exemptions or reduced rates are granted in cases provided by law, most commonly to close relatives of the deceased upon confirmation of kinship. To benefit from such exemptions, heirs must submit documents evidencing their relationship. These measures reduce the financial burden on heirs and reflect the social nature of inheritance relations. The application of exemptions is recorded by the notary in the System.

26. How does the notary execute the certificate?

Answer: The certificate is executed by the notary after assignment of a sequential number, indication of collected payments, and affixing of the official seal. Where the document consists of multiple pages, it must be bound and numbered using a special device. The final page is secured with a label and authenticated by the notary’s signature. These measures provide legal protection against substitution or partial alteration of the document.

27. May the certificate be issued separately to each heir?

Answer: Yes. At the request of the heirs, the certificate may be issued individually to each heir or as a single document for all heirs. In all cases, a duplicate copy remains in the notary’s office and is included in the inheritance file. This procedure ensures both accessibility of documents to heirs and preservation of the notarial archive.

28. May the notary amend or supplement the certificate?

Answer: Yes. The notary may introduce amendments or supplements either on his or her own initiative or upon application by interested parties. Such changes are permissible only if they do not affect the substance of inheritance rights or alter the distribution of shares. The Regulation permits correction of arithmetic errors and technical inaccuracies without judicial intervention. All amendments must be formally certified in writing and recorded in the System.

29. May a certificate be revoked?

Answer: Yes. A notarized certificate may be revoked or declared invalid only by a court decision. Upon receipt of a final and binding judicial act, the notary must record the revocation on the original certificate and in the System. State duties and fees are not refunded upon revocation, as the notarial acts were properly performed at the time of issuance. Judicial review serves as a safeguard for heirs’ rights and the stability of civil transactions.

30. How does the Regulation address errors made by the notary in issuing a certificate?

Answer: If the notary discovers that a certificate was issued incorrectly due to his or her error, the notary is required to immediately notify the prosecutor for the purpose of initiating cancellation of the document in accordance with established procedures. This approach prevents unilateral correction of legally significant consequences by the notary without judicial oversight. The notary must also inform the territorial justice authorities, thereby activating mechanisms of administrative supervision. This procedure underscores the heightened responsibility of the notarial profession as a public legal function.

31. In what cases is a notary required to refuse to perform a notarial act?

Answer: A notary is required to refuse to perform a notarial act if such act would contravene the law, fail to comply with statutory requirements, or fall within the competence of another notary. Refusal is also mandatory where the applicant lacks legal capacity, where a representative acts without proper authority, or where submitted documents are false or invalid. A notary may additionally refuse to act in the absence of payment of the prescribed fees, as performance of notarial acts must be financially confirmed. This mechanism safeguards public interests and the stability of civil transactions.

32. How is a notary’s refusal formalized?

Answer: A refusal by a notary is formalized by a written resolution, which must be issued no later than three days from the date of the application. The resolution must set out the legal grounds for refusal and explain the procedure for appealing it. This ensures transparency of notarial procedures and preserves the applicant’s right to judicial review. At the request of an heir, the notary is obliged to provide the reasons for refusal in writing.

33. Are payments refunded in the event of refusal to issue a certificate?

Answer: Yes. In the event of refusal to issue a certificate, the state duty, stamp duty, and other payments are refundable to the heirs. This distinguishes refusal from revocation of a certificate, in which case payments are not refunded because the notarial act has already been performed. The Regulation protects heirs from incurring expenses without obtaining the requested result. Refund of payments constitutes a financial safeguard for recipients of notarial services.

34. How are inheritance files stored?

Answer: Inheritance files are retained at the notary’s office for three years following completion, after which they are transferred to the notarial archives of the territorial justice authorities. This retention period ensures the possibility of restoring case data where necessary, including for litigation or the issuance of additional certificates. Documents must be stored under conditions ensuring their preservation and protection against damage or unauthorized access. Electronic copies are maintained within the automated System.

35. Are audio and video recordings of notarial acts subject to retention?

Answer: Yes. Audio and video recordings documenting notarial acts must be stored on electronic media and subsequently archived on DVD or equivalent storage formats. At the end of each calendar year, such recordings are transferred to the archive of the notary’s office and thereafter to departmental notarial archives. This system enables subsequent review of the notary’s actions, particularly in the event of complaints or litigation. Audiovisual recording enhances public confidence in the notarial institution.

36. Who supervises the storage of notarial documents?

Answer: Supervision is carried out by an expert commission of the justice authority upon transfer of documents to the archive. The commission assesses the completeness, integrity, and condition of the documentary materials and prepares a formal transfer report. This supervisory mechanism ensures lawful notarial recordkeeping and prevents loss of title documents. The existence of a commission report strengthens the evidentiary value of archival procedures.

37. What is the archival retention period for inheritance files?

Answer: Inheritance files are preserved in the notarial archive for seventy-five years. This extended period reflects the fact that inheritance relations may affect the property rights of several generations and that documents may be required in subsequent inheritance proceedings. Long-term retention guarantees the restoration of the legal history of property and accommodates the possibility of delayed judicial claims.

38. May an heir withdraw from a notarial service?

Answer: Yes. An heir may withdraw from a notarial service at any stage of its provision. In such circumstances, the application remains without consideration and payments made for certification are subject to refund. This mechanism preserves the heir’s freedom of discretion and prevents coercion to complete a notarial act. It is particularly relevant where new circumstances arise during inheritance proceedings.

39. Is the notary obliged to maintain confidentiality?

Answer: Yes. A notary is obligated to maintain confidentiality of all information obtained in the course of notarial activities. This obligation extends to information concerning the composition of the estate, the participants in the inheritance, and other personal data. Confidentiality constitutes a fundamental principle of the notarial profession and protects heirs from unauthorized disclosure of information. Breach of confidentiality entails liability in accordance with the law.

40. May an heir appeal the actions of a notary?

Answer: Yes. An heir is entitled to appeal the actions or decisions of a notary in accordance with statutory procedures. Appeals may concern refusals to perform notarial acts as well as other procedural decisions. This mechanism ensures judicial oversight of notarial activities and promotes legal certainty in inheritance relations. The Regulation expressly affirms the right of appeal, reflecting the public nature of notarial functions.

41. What occurs if the deceased had two marriages?

Answer: The Regulation provides for the summoning of the surviving spouse to the opening of the inheritance, including a spouse in a second registered marriage. If such marriage is declared invalid, the spouse is not recognized as an heir. This approach prevents abuse and competing claims to inheritance property and is particularly significant in relation to jointly acquired marital property.

42. How is inheritance of spousal property formalized?

Answer: The surviving spouse is entitled to obtain a certificate of inheritance with or without allocation of a share in jointly acquired marital property. The notary must explain the relevant provisions of family law, including Article 23 of the Family Code and Article 63 of the Law “On Notary public”. Allocation of the marital share protects spousal property rights distinct from inheritance rights. This is especially important in the division of real estate, corporate interests, and financial assets.

43. How is dependency of an heir established?

Answer: Dependency is established exclusively by a court decision, ensuring objective determination of dependent status. A notary is not authorized to recognize a person as a dependent without a judicial act. This requirement reflects the potential for disputes among heirs regarding inclusion of dependents in the circle of heirs. Dependents are entitled to a compulsory share in the inheritance.

44. Are corporate shares and securities inheritable?

Answer: Yes. Corporate rights, including shares and equity interests in legal entities, form part of the estate. In cases involving corporate interests, the notary verifies the legal capacity of the entity and compliance with its constituent documents. Where documentation is unavailable, the notary assists in obtaining it from relevant organizations. Such inheritance requires additional verification of corporate restrictions and the rights of other participants.

45. How is inheritance of bank deposits and other monetary assets formalized?

Answer: To confirm rights to deposits, the notary requests savings books, bank deposit agreements, or official bank statements. In the absence of such documents, the notary may submit inquiries to banks and credit institutions. Information obtained is disclosed only to heirs or the executor of the will, thereby preserving banking secrecy. This procedure protects heirs’ property rights in financial assets.

46. How is inheritance of a farming enterprise formalized?

Answer: A farming enterprise is inherited as a property complex in accordance with applicable legislation. Inheritance encompasses both the property and organizational elements of the enterprise, requiring consideration of land and commercial law aspects. This framework facilitates continuation of farming operations following the death of the head of the enterprise. In certain cases, coordination with state authorities may be required.

47. May a notary refuse to certify a renunciation of inheritance?

Answer: Yes. A notary must refuse to certify a statement of renunciation if the heir has previously submitted an equivalent statement, as repeated renunciation is not permitted by law. An exception exists for renunciation relating to a specific inheritance by will or by law. This verification prevents duplicate statements and abuse of rights. The refusal is accompanied by an explanation of the legal nature and consequences of renunciation.

48. May the notary take into account an heir’s wishes regarding the content of the certificate?

Answer: Yes. At the request of the heirs, additional information may be included in the certificate, such as details of kinship or obligations concerning lifelong use of residential premises. However, such information must not alter the substance of inheritance rights or their implementation. This flexibility allows consideration of individual circumstances without disturbing the legal structure of succession. The Regulation expressly permits this as a procedural option.

49. May inheritance of movable and immovable property be divided by different places of issuance?

Answer: Yes. In international inheritance matters, immovable property is certified at its location, while movable property is administered at the deceased’s last place of residence. This rule is based on international legal assistance treaties and reflects the principle of lex rei sitae in relation to immovable property. It ensures legal certainty and prevents jurisdictional conflicts, particularly where the deceased resided abroad.

50. How does the Regulation protect the property interests of minors?

Answer: The Regulation requires mandatory notification of guardianship and trusteeship authorities when issuing certificates to minor heirs. These authorities oversee protection of minors’ property rights, including supervision of inheritance distribution and subsequent transactions involving inherited assets. Such intervention serves an important social function by preventing unauthorized disposal of property. It also ensures compliance with the principles of family and inheritance law.