Inheritance in Belarus for heirs living abroad: the six-month term and how to accept remotely

Which law applies and which notary deals with the case

Under the Civil Code of Belarus, inheritance is generally governed by the law of the country where the deceased last lived, unless the will chose the law of the country of their citizenship. Real estate is inherited under the law of the country where it is located, and property registered in Belarus, under Belarusian law. So for an apartment, house or land in Belarus, Belarusian rules apply whatever the citizenship of the heirs.

The inheritance is opened at the deceased's last place of residence, determined by their registration. The inheritance case is handled by a notary at that place. Foreign citizenship or residence abroad does not prevent you from inheriting.

Without a will, the heirs of the first order are the deceased's children, spouse and parents; grandchildren inherit by right of representation. Minor or disabled children, and a disabled spouse or parents, are entitled to a compulsory share whatever the will says.

The six-month term

• If another heir refuses the inheritance and the right passes to you, you may accept within the rest of the six months, and if less than three months remain, within three months.
• If you inherit only because another heir did not accept, you may accept within three months after the six months end.
• If an heir died after the inheritance opened without having accepted it, the right to accept passes to that heir's own heirs; if less than three months of the term remain, it is extended to three months.

How to accept an inheritance from abroad

1. Through a representative in Belarus. An advocate or another person in Belarus files the application for acceptance, or for a certificate of inheritance, with the notary at the place where the inheritance opened. The power of attorney must expressly include the power to accept the inheritance. It may be certified by a notary in your country or by a consular officer of a Belarusian embassy or consulate. A power of attorney certified by a notary in a country that is a party to the CIS conventions on legal assistance, such as Russia or Kazakhstan, is accepted in Belarus without an apostille or legalisation; from other countries it needs an apostille or, where the Hague Apostille Convention does not apply, consular legalisation. A document in another language needs a certified translation into Russian or Belarusian. In my practice Belarusian notaries accept such powers of attorney, including those certified by notaries in Russia.
2. Application to the notary by post. You can also send the application yourself. The signature on it must be certified; from abroad this is done by a consular officer of a Belarusian embassy or consulate. A signature certified by a foreign notary is not always accepted by Belarusian notaries, so in that case it is safer to use a power of attorney.
3. Actual acceptance. An heir is presumed to have accepted the inheritance if they took possession of or managed the property: protected it, paid for its upkeep or paid the deceased's debts. This route is harder to prove from abroad, and the certificate may later require evidence or a court case, so I recommend a written application to the notary.

Acceptance of part of the inheritance means acceptance of all of it, wherever it is located. An inheritance cannot be accepted with conditions or reservations. Within the same term an heir may also refuse the inheritance; a refusal cannot later be withdrawn. In practice, notaries in Belarus may not accept a renunciation certified abroad by a foreign notary; it is safer to sign it before a Belarusian notary or a consular officer of a Belarusian embassy or consulate, or to act through a representative with a power of attorney that expressly covers renunciation.

If the six months have passed

There are two ways to accept an inheritance late:

• With the consent of the other heirs. If all heirs who accepted the inheritance agree in writing, with signatures certified, the notary cancels the certificate issued earlier and issues a new one that includes you.
• Through the court. The court may recognise you as having accepted the inheritance if it finds the reasons for missing the term valid, for example if you did not know and should not have known about the death. The application must be filed within six months after those reasons ceased to exist.

The court route depends on evidence: when and how you learned of the death, how you were in contact with the deceased, and what prevented you from applying. It is better to start collecting this evidence at once.

Practical points

• Documents usually needed: the death certificate, documents proving your relationship (birth and marriage certificates), the will if there is one, and documents on the property.
• Certificates issued abroad need an apostille or legalisation, except those from countries that are parties to the CIS conventions on legal assistance, and a certified translation into Russian or Belarusian.
• After the certificate of inheritance is issued, rights to real estate are registered with the state registration authorities.
• A foreign citizen may own an inherited land plot in Belarus: inheritance is one of the cases in which the Code on Land allows this.

I communicate with the notary, prepare applications in Russian and explain them in English, and represent heirs in court anywhere in Belarus.