What is inheritance?
Inheritance is the transfer of property, rights, and obligations of a deceased person (the testator) to other persons — the heirs — either by law or by will after the testator’s death.
Inheritance may include – real estate, movable property, monetary assets, rights (e.g., shares, equity in companies) and obligations.
Grounds for Inheritance in Uzbekistan
According to the Civil Code of Uzbekistan, the following grounds for inheritance are:
1. Inheritance by Will (Testamentary Succession)
This is the primary method of transferring property based on the will of the owner (testator). The testator may appoint any heirs, including:
– individuals;
– legal entities;
– state and municipal authorities.
Key features of a will:
– freedom of expression of the testator’s will;
– the ability to include conditions or disinherit specific persons;
– legal limitations regarding the mandatory share for close relatives (e.g., minors, disabled dependents);
– the will may be challenged if witnesses, execution, or content violate Uzbek law.
2. Inheritance by Law (Intestate Succession)
This applies when:
– there is no will;
– the will is invalid;
– the will does not cover all inherited property.
Order of Inheritance in Uzbekistan
Uzbek law establishes a priority system of heirs, where close relatives are called first. According to Articles 1135–1139 of the Civil Code of Uzbekistan, heirs by law are:
1. First priority – children of the deceased (including adopted and posthumously born), spouse, and parents (adoptive parents).
2. Second priority – siblings (full and half), as well as grandparents from both paternal and maternal sides.
3. Third priority – uncles and aunts.
4. Fourth priority – other relatives up to the sixth degree of kinship (closer relatives have priority over more distant ones).
5. Fifth priority – disabled dependents of the deceased.
Each subsequent category is considered only in the absence of heirs from the previous category.
Accepting inheritance in Uzbekistan
An inheritance opens upon the death of the testator or the entry into force of a court decision declaring them dead. This means that the right of inheritance begins on the date of death (or the date specified in the court decision if the person is missing).
The place of opening of an inheritance is the deceased person’s place of residence, or if this cannot be determined, the location of the inheritance.
Inheritance registration procedure
To formalize inheritance rights in Uzbekistan, the following steps must be taken:
Step 1. Apply to a Notary. The heir must submit an application to a notary at the place where the inheritance is opened.
Step 2. Collect Required Documents. A standard package includes:
• death certificate;
• documents confirming kinship (birth certificate, marriage certificate, etc.);
• heir’s passport;
• documents relating to the deceased’s property.
Step 3. Application Deadline. The application must be submitted within 6 months from the date of opening of inheritance. Missing the deadline without valid reasons may result in loss of inheritance rights.
Step 4. Obtain Certificate of Inheritance. After reviewing all documents and confirming no disputes, the notary issues a certificate of inheritance rights, which grants the legal right to manage and dispose of inherited property.
Can You Register Inheritance Without Traveling to Uzbekistan?
Yes. Inheritance can be registered through a representative acting under a notarized power of attorney issued in the country of residence and later submitted to a notary in Uzbekistan.
Is There an Inheritance Tax in Uzbekistan?
There is no direct inheritance tax in Uzbekistan. However, costs may include:
notary fees;
state duties;
registration and documentation expenses.
What Is a Mandatory Share in Inheritance?
Even if the testator leaves all property to other persons, the law guarantees a mandatory share for:
disabled individuals;
minors;
dependents of the deceased.
This share usually constitutes a portion of what the heir would have received under inheritance by law.
If you need professional legal assistance with inheritance in Uzbekistan, structuring a will, or cross-border inheritance matters, working with experienced legal counsel ensures compliance and protects your rights.