Your mom calls from Ukraine - your grandfather passed away, left an apartment. You’re in Berlin, can’t take time off, and the clock on accepting the inheritance is ticking - 6 months and not a day more. Which notary, what documents, what needs translating, do you have to fly to Ukraine, and why might a German Nachlassgericht also have questions for you? Let’s break it all down.
Which law applies: Ukrainian or German¶
The answer depends on two things - where the property is and where the deceased lived.
Real estate in Ukraine¶
An apartment, house, or land in Ukraine - always Ukrainian law. Article 71 of the Law “On International Private Law” spells it out: inheritance of immovable property is governed by the law of the state where it’s located. Doesn’t matter where the deceased lived or where the heirs live.
Movable property¶
If the deceased lived in Ukraine - Ukrainian law. If they lived in Germany - German law may apply. The EU Succession Regulation (EU-Erbrechtsverordnung) says inheritance is governed by the law of the country where the deceased had their last habitual residence (gewöhnlicher Aufenthalt). Ukraine isn’t in the EU, but Germany applies this regulation unilaterally.
In practice: the deceased lived in Ukraine, left an apartment and a bank account there - everything goes through a Ukrainian notary. Lived in Germany and had assets in both countries - you’ll need both a Ukrainian notary (for real estate) and the Nachlassgericht (inheritance court - a division of the Amtsgericht that handles estate matters) for assets in Germany.
6 months: the deadline that won’t wait¶
Article 1270 of the Ukrainian Civil Code: an heir who didn’t live with the deceased must file an application to accept the inheritance within 6 months of the date of death.
Living in Germany? That’s not grounds for an extension. The law is clear: being abroad is not a valid reason for missing the deadline. Miss it, and you’ll have to go to a Ukrainian court to prove you had a valid excuse. That’s expensive, time-consuming, and there’s no guarantee you’ll win.
Good news: you don’t have to fly to Ukraine. The application can be filed remotely.
Three ways to accept inheritance from Germany¶
1. Through the Ukrainian consulate¶
The simplest option. Go to the Ukrainian consulate (Berlin, Hamburg, Dusseldorf, Frankfurt, Munich), write an application to accept the inheritance, the consul certifies your signature. The application gets mailed to the notary in Ukraine at the place where the inheritance was opened.
Pros: the application is in Ukrainian right away, no apostille or legalization needed, cheap (consular fee 18-56 euros). Downside: appointments can be weeks out - the queues have been long since 2022.
Since 2024, the e-Consul system lets you initiate some notarial actions online through diplomatic missions. Check your consulate’s website to see if this option is available.
2. Power of attorney for a representative¶
You issue a power of attorney (Vollmacht) to someone in Ukraine - a relative, friend, or lawyer. That person files the application on your behalf, collects documents, and handles everything.
Where to get it:
- At the consulate - best option, the document is immediately valid in Ukraine without extra formalities
- From a German notary - then you’ll need a certified translation into Ukrainian + an apostille
Make sure the power of attorney specifically includes: the right to file applications for acceptance of inheritance, obtain certificates of inheritance rights, and represent your interests before notaries and government agencies. The more specific, the fewer problems later.
3. Application by mail¶
Write the application, have your signature certified by a notary or consulate, send it by registered mail to the notary in Ukraine. If the signature was certified by a German notary, the application needs to be translated into Ukrainian and apostilled. Through the consulate it’s simpler - the document is in Ukrainian from the start.
What documents you need¶
For the notary in Ukraine¶
| Document | Apostille | Translation | Notes |
|---|---|---|---|
| Death certificate | No (if issued in Ukraine) | No | Original or certified copy |
| Application to accept inheritance | - | Yes (if not through consulate) | With certified signature |
| Heir’s passport | No | No | Copy |
| TIN (taxpayer identification number) | No | No | No TIN = no certificate issued |
| Documents proving family relationship (birth certificate, marriage) | Depends | Depends | Issued abroad = apostille and translation needed |
| Will (if any) | Depends | Depends | Original |
| Certificate of deceased’s last place of residence | No | No | Representative gets this |
| Power of attorney | Yes (from German notary) | Yes (from German notary) | Not needed if from consulate |
For Nachlassgericht in Germany¶
This table only applies if the deceased lived in Germany or had assets here (bank account, car, securities). To obtain an Erbschein (German certificate of inheritance) you’ll need:
| Document | Apostille | Translation | Notes |
|---|---|---|---|
| Death certificate | Yes | Certified translation | If issued in Ukraine |
| Birth certificates of heirs | Yes | Certified translation | Proving family relationship |
| Marriage certificate | Yes | Certified translation | If heir is spouse |
| Will | Yes | Certified translation | If any |
Translations for the Nachlassgericht must be done by a sworn translator (vereidigter Übersetzer - a translator who took an oath before a court and has the right to certify translations with their official seal). Find one at justiz-dolmetscher.de or order a certified translation through ChatsControl.
How much it costs¶
Costs in Ukraine¶
| Expense | Amount |
|---|---|
| Opening the inheritance case with a notary | 4,000-6,000 UAH |
| Certificate of inheritance rights | 3,000-6,000 UAH |
| State duty | 34 UAH |
| Apostille per document | ~150 UAH (~4 euros) |
| Consular fee (application through consulate) | 18-56 euros |
Costs in Germany (if needed)¶
| Expense | Amount |
|---|---|
| Certified translation of a certificate (per document) | 40-65 euros |
| Certified translation of a will | 50-100 euros |
| Apostille in Germany | 25 euros per document |
| Nachlassgericht fee for Erbschein | depends on estate value |
The Nachlassgericht fee is calculated under GNotKG (Gerichts- und Notarkostengesetz) and depends on the estate’s value. Roughly: for a 50,000 euro estate - about 165 euros, for 100,000 euros - about 273 euros.
Bottom line: if the inheritance is only in Ukraine, budget 5,000-15,000 UAH (120-360 euros) plus lawyer fees if needed. If there are also assets in Germany, add 300-800 euros for translations, apostilles, and Nachlassgericht.
Taxes: the hidden trap¶
| Who inherits | Income tax | Military levy | Total |
|---|---|---|---|
| 1st priority (children, spouse, parents) - residents | 0% | 0% | 0% |
| 2nd priority (siblings, grandparents, grandchildren) - residents | 0% | 0% | 0% |
| Other residents | 5% | 1.5% | 6.5% |
| Non-residents (not 1st-2nd priority) | 18% | 1.5% | 19.5% |
Been living in Germany for more than 183 days a year? Ukraine’s tax authority might consider you a non-resident. For 1st and 2nd priority heirs, the 0% rate usually holds regardless of residency - but the practice here isn’t clear-cut and depends on the specific tax office’s position. Talk to a Ukrainian tax lawyer before proceeding.
There’s no separate double taxation treaty between Ukraine and Germany for inheritance (only for income and capital). In practice, Germany doesn’t tax inheritance located exclusively in Ukraine. But if the deceased lived here or there are assets in Germany, you might face questions about German Erbschaftsteuer (inheritance tax).
Common mistakes¶
1. Missing the 6-month deadline¶
The worst thing that can happen. You can only restore the deadline through court. “Didn’t know,” “was abroad,” “didn’t have time” - these usually don’t fly as valid reasons. Act immediately after learning about the death.
2. Power of attorney without the right powers¶
Got a general power of attorney “to handle affairs” - but the notary says it doesn’t include the right to file an application specifically for accepting inheritance. Result: wasted time getting a new one. Have a lawyer draft the document with a full list of powers for the inheritance case.
3. Wrong order: translation before apostille¶
The correct sequence: first get the apostille on the original document, then order the certified translation of the document together with the apostille. Not the other way around. The translator translates the entire document including the apostille stamp.
4. No TIN¶
Without a taxpayer identification number (TIN), the notary in Ukraine won’t issue the certificate of inheritance rights. You can get a TIN through the consulate or through your representative in Ukraine.
5. Didn’t notify Nachlassgericht¶
If the deceased lived in Germany, the Nachlassgericht needs to know about the death. Usually the Standesamt notifies them automatically, but if the death occurred in Ukraine, it’s on you. The Nachlassgericht might also be holding a will that was deposited in Germany.
A note about the war¶
If the deceased lived in a temporarily occupied territory or an active combat zone, getting documents will be difficult or impossible. Ukrainian courts can establish facts of legal significance (for example, the fact of death) based on available evidence. Special provisions for extending deadlines also apply. Legal counsel is a must in these situations.
One user on a forum for Ukrainians in Germany shared their experience: “My father died in Odesa, he had a bank account at Sparkasse in Germany. The bank froze the account immediately and demanded an Erbschein. By the time I collected all the documents, got them translated, apostilled, and obtained the Erbschein from Nachlassgericht - 4 months had passed. I was handling the apartment in Odesa in parallel through a lawyer with power of attorney. Spent about 1,000 euros total.”
FAQ¶
How long does it take to process an inheritance in Ukraine from Germany?¶
A minimum of 6 months - that’s the mandatory waiting period during which the notary can’t issue the certificate. After that, add time for collecting documents. Realistically 6-12 months. If there are disputes between heirs or a missed deadline, it can drag on for years.
Do I have to travel to Ukraine?¶
No. Everything can be done remotely: application through the consulate or by mail, power of attorney for a representative who handles the rest. You’d only need to go for court disputes or a very complicated situation with documents.
Do I need an Erbschein if all the inheritance is in Ukraine?¶
No. If all assets are in Ukraine and the deceased lived there, the Nachlassgericht isn’t involved. You only need a Ukrainian notary. But if there’s even a single bank account in Germany, the bank will demand an Erbschein or other proof of inheritance rights.
How do I find the notary handling the inheritance case?¶
The inheritance case is opened by a notary at the deceased’s last place of residence. You can check whether a case has been opened through the Inheritance Registry of the Ministry of Justice. Your representative in Ukraine can contact any notary, who will check the registry and tell you which notary has the case.
Special or general power of attorney - which is better?¶
Special - specifically for the inheritance case. A general power of attorney gives too broad powers and can be risky. In the special one, include: the right to file an application for acceptance of inheritance, obtain the certificate, collect documents, and represent your interests before notaries and government agencies.
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