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:
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 ):
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 :
Special cases of registration of inheritance by law :
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:
2. Prepare documents:
3. Submit an application:
4. Pay the state fee and services:
5. Complete the following steps with a notary:
6. Obtain a certificate:
7. Additionally:
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.