Abstract
The transfer of ownership of real estate from a deceased person to their heirs is carried out in accordance with the legislation in force on the day of the deceasedʼs death. Notarial registration of the transfer of ownership of immovable property from the testator to their heirs is accompanied by certain social ties (relationships), both between the heirs and the authorities authorised to carry out such transactions. The aim of the work was to analyse the legal regulation of inheritance of immovable property in independent Ukraine through the prism of social relations between heirs that arise when registering inheritance in a notarial order. The methodological basis of the work consisted of historical-legal, formal-logical and sociological survey methods. This methodology made it possible to conduct a retrospective review of the legal and legislative regulation of the notarial registration of inheritance of immovable property in modern Ukraine, taking into account elements of sociology. The first stage of legal regulation of inheritance of immovable property covered the period from 1991 to 2008; the second stage covers the period from 2009 to 2020, and the third stage began in 2021. As of the end of 2024, the bodies authorised to indisputably secure the transfer of ownership of immovable property from the testator to the heirs by issuing certificates of inheritance are state and private notaries of Ukraine. The judicial authorities divide the testatorʼs estate in the event of a dispute between their heirs. As of the end of 2024, officials of local self-government bodies in rural areas do not issue certificates of inheritance. A comparative analysis of the inheritance of immovable property in Ukraine and Indonesia has been carried out. In Ukraine, the notarial process for registering inheritance is more regulated and digitised. In the event of disputes between heirs, the judicial authorities of Ukraine and Indonesia decide on the division of inherited property, including real estate. Real estate received by an heir through inheritance serves as a guarantee of improved living standards and social status for the heir and their family members. The results of the study can be used in the educational process, by practitioners, including notaries, and in improving legal regulation in the field of inheritance
Keywords: real estate; inheritance; heir; notary; certificate of inheritance; digitisation; mediation
Suggested citation