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Receiving an inheritance in Uzbekistan

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Inheritance is the transfer of property, rights and obligations of the deceased (testator) to his heirs. In Uzbekistan, the procedure for registering inheritance is governed by the Administrative Regulations approved by the Resolution of the Cabinet of Ministers No. 726 of November 18, 2020, with subsequent amendments.

In this article, we will consider the main options for receiving an inheritance, forms of appeal, as well as the specifics of drawing up a certificate of inheritance rights.

There are two forms of inheritance: by law and by will.

What is intestate succession?

Inheritance by law occurs when:

  • there is no will;
  • the will does not cover all property;
  • the will was declared invalid;
  • the heirs under the will have renounced the inheritance or died.

What is testamentary inheritance?

Inheritance by will is the transfer of the property of a deceased person (testator) according to his/her will, expressed in a will. Unlike inheritance by law, the principle of freedom of testament applies here: the testator himself/herself chooses to whom and what to transfer.

 

Who can receive an inheritance by law?

The order of heirs (according to the Civil Code of the Republic of Uzbekistan ):

  1. First in line are children, spouse, parents.
  2. The second line are brothers, sisters, grandfathers, grandmothers.
  3. The third and subsequent lines are other relatives (cousins, etc.).

Each subsequent turn is called only in the absence of heirs of the previous one.

The procedure for obtaining inheritance by law :

Step

Action

Deadlines

1

Contact a notary at the place where the inheritance is opened (the last place of residence of the testator)

At any time, but not later than 6 months from the date of death

2

Submit an application for acceptance of inheritance (or refusal of it)

Before 6 months expire

3

Provide documents (passport, death certificate, property documents, proof of relationship, etc.)

When submitting an application

4

Pay the state fee and notary services

After preparing the documents

5

Obtain a certificate of inheritance

After 6 months (exceptions may apply)

 

Documents that will be required to formalize inheritance by law :

  • Passport of the heir
  • Death certificate of the testator
  • Documents confirming kinship
  • Documents for inherited property
  • Certificate of the last place of residence of the testator
  • Will (if any)
  • Other documents (cadastral certificate, birth and marriage certificates, etc.)

 

Special cases of registration of inheritance by law :

  • Minors and incapacitated persons apply through legal representatives.
  • Dependents - a court order confirming the fact of dependency is required.
  • Compulsory share – minors and incapacitated heirs have the right to a part of the inheritance even if there is a will.

State duty

The amount of state duty and technical fees is calculated automatically by the Notary system, depending on the value of the property. Receipts are generated automatically, an SMS with a confirmation code is sent to the phone number.

Obtaining a certificate when registering an inheritance by law

After all checks and payment, the notary shall issue a certificate of inheritance, which confirms your right to the property.

Table of comparison of types of inheritance

Criterion

Inheritance by law

Inheritance by will

Base

No Will

A will drawn up in the prescribed manner

Order of succession

In accordance with the procedure established by the Civil Code

Determined by the testator

Who can be the heir?

Only relatives

Any person (including non-relatives, legal entities)

Compulsory share

Not used separately

Yes: minors and disabled heirs receive a compulsory share

Distribution of property

Equally between the heirs of the corresponding order

At the discretion of the testator

The need to prove kinship

Necessarily

Often - to confirm a compulsory share or when challenging a will

Is it possible to challenge?

Rarely (for example, when concealing heirs)

Yes, through the court (for example, when a will is declared invalid)

Is it possible to refuse?

Yes, with a notarized statement

Yes, with a notarized statement

Application deadline

Within 6 months from the date of death of the testator

Within 6 months from the date of death of the testator

Registration procedure

Through a notary, at the place where the inheritance is opened

Through a notary, at the place where the inheritance is opened

 

General checklist for the heir when registering an inheritance in Uzbekistan

(for both forms of inheritance):

What needs to be done and prepared to receive an inheritance

1. Clarify key information:

  • Date of death of the testator
  • His last permanent place of registration
  • Presence of a will (if any)

2. Prepare documents:

  • Passport of the heir
  • Death certificate (or extract from the death register)
  • Documents confirming kinship (birth certificate, marriage certificate, etc.)
  • Will (if any)
  • Property documents (cadastre, technical passport, vehicle title, etc.)
  • Certificate of registration of the place of residence of the deceased
  • Other documents depending on the situation (for example, certificate of dependency, court decision, power of attorney, etc.)

3. Submit an application:

  • Within 6 months from the date of death
  • In person at the notary office at the place where the inheritance is opened
  • Or through the portal: E-notarius.uz
  • Or by power of attorney (the power of attorney must be notarized)

4. Pay the state fee and services:

  • Receive an SMS with the amount and confirmation code
  • Pay via bank or online
  • Provide the notary with proof of payment

5. Complete the following steps with a notary:

  • Identification and document verification
  • Verification of kinship, property, wills
  • Confirmation of absence of other applicants
  • Entering information into the system

6. Obtain a certificate:

  • After 6 months (unless there are exceptions)
  • Within 15 minutes after completing all procedures
  • Make sure all data is correct

7. Additionally:

  • Submit an application to renounce the inheritance (if necessary, in notarial form)
  • Register a mandatory share (if you are a minor or disabled)
  • File a claim for additional property if discovered later
  • Go to court in case of disputes with other heirs

Receiving an inheritance is a process that requires compliance with established rules and deadlines. To simplify the procedure, it is recommended to collect all the necessary documents in advance and, if possible, use electronic services. In case of controversial situations, seek advice from a notary or lawyer.

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