When a borrower dies, the debt does not disappear. Under Ukrainian law it passes to the heirs together with the estate. The real question for a bank, a business partner or a private lender is timing: when must the creditor bring its claim, and can it simply wait until the heirs finish the paperwork with a notary?

The answer matters to both sides. A creditor who files too late loses the right to claim. An heir who does not understand the rules may be surprised by a lawsuit years after the funeral. This article explains the rules and how the Supreme Court of Ukraine applies them today.

The rule: six months to bring a claim

Article 1281 of the Civil Code of Ukraine sets out how creditors of a deceased person protect their rights:

• Heirs must notify the creditor about the opening of the inheritance if they know about the debt or inherit property encumbered by third-party rights.
• The creditor must present its claim to the heir who accepted the inheritance no later than six months from the day it received the heir's notice, or learned or could have learned that the heir had received a certificate of the right to inheritance. This applies regardless of when the debt itself falls due.
• If the creditor did not know and could not have known that the heir had accepted the inheritance or received the certificate, the six months run from the day it learned about it.
• A creditor who misses these periods loses the right to claim.

Before 2018 the period was one year. Law No. 2478-VIII of 3 July 2018 shortened it to six months, so many creditors still work with outdated expectations.

A preclusive period, not a limitation period

The six-month period is preclusive. It is not the ordinary three-year limitation period under Article 267 of the Civil Code, so a court does not need the heir to raise it. The Supreme Court confirmed this approach in case No. 344/16809/24 (18 February 2026), in line with the Grand Chamber's ruling in case No. 522/407/15-ц (17 April 2018).

In practice, this means the first thing a court checks in a creditor's lawsuit is whether the claim was presented on time. The Grand Chamber stressed this order of analysis in case No. 638/1046/14-ц (9 October 2024), and the Supreme Court did the same in case No. 755/7730/16 (5 October 2022).

When does the clock start?

This is where practice becomes difficult. The Civil Code does not set any deadline for heirs to obtain a certificate of the right to inheritance. Some heirs accept the estate by applying to a notary, or simply by living with the deceased, and then never collect the certificate. A creditor may reasonably ask: if no certificate exists, has the period even started?

Recent decisions show the range of outcomes:

• Case No. 175/1976/23 (8 October 2025). The heir received a certificate for only part of the estate. The bank argued that its period had not started because there was no certificate for the mortgaged house. The Supreme Court disagreed: the certificate for part of the estate was enough to start the clock.
• Case No. 524/6075/22 (1 April 2026). No certificate had been issued when the creditor filed its claim. The court found that the creditor had not missed the deadline.
• Case No. 932/4622/22 (1 April 2026). The period started when the bank learned about the acceptance of the inheritance from a copy of the heir's appeal received by post. The absence of a certificate did not deprive the heir of the inheritance, and it did not protect the bank from the deadline.

Taken together, these decisions show that the start of the period depends heavily on the facts: what the creditor knew, when, and from which document. A single clear position from the Supreme Court would help everyone, but for now each case needs careful analysis of the evidence.

How much can the creditor recover?

Under Article 1282 of the Civil Code, heirs must satisfy the creditor's claims in full, but only within the value of the property they inherited. Each heir is liable in proportion to their share. An heir's own savings, salary or property are not at risk because of the deceased's debts.

The creditor can demand a lump-sum payment. If the heir refuses, the creditor can ask the court to enforce the claim against the inherited property.

What creditors should do

• Act on the first sign of death. Do not wait for the heirs to finish the notarial process. Send a written claim to the notary handling the estate and to known heirs as soon as possible.
• Keep evidence of dates. Courts look at when you learned or could have learned about the acceptance of the inheritance. Keep envelopes, emails, court papers and registry extracts.
• Check the inheritance register. The Inheritance Register shows which notary opened the estate. Your lawyer can request information and send the claim to the right place.
• Value the estate. Since heirs are liable only within the value of what they received, know what the estate contains before you sue.

What heirs should do

• Notify known creditors. The Civil Code requires it, and it starts the creditor's six-month period from a clear date.
• Do not ignore claims. A claim filed on time can be enforced against the inherited property.
• Check the dates. If a creditor appears long after you accepted the estate, its claim may already be time-barred. Collect documents that show when the creditor learned about the inheritance.

If you live abroad

Many of our clients inherit property in Ukraine while living in the US, Canada or the EU, and some of them inherit debts at the same time. Others are creditors of a person who died in Ukraine. In both situations the six-month period runs regardless of where you live. We can check the inheritance register, contact the notary, send or answer claims and represent you in court without you travelling to Ukraine.

The deadline in Article 1281 is short and strict. A creditor who waits for the heirs to finish their paperwork may wait too long.