The estate of a deceased citizen passes to other persons under the rules of universal succession

In a significant number of cases, courts ignore the provisions of paragraph 2 of Article 1038 of the Civil Code and continue to restore the time limit for acceptance of inheritance in respect of specific property—such as a residential house, a share in an apartment, etc.

By the decision of District Court No. 2 of the Kazybek Bi District of Karaganda dated August 5, 2024, the application of K. to establish the legal fact of acceptance of inheritance was granted. The court established the fact of acceptance of the inheritance opened after the death of V., who died on September 18, 2021, consisting of a garage with a land plot located at: Karaganda, Block 146, массив block 3, row 5, garage 1/2.

General Provisions

In accordance with paragraph 1 of the Normative Resolution, when resolving disputes in inheritance cases, courts must be guided by the legislation in force on the date of opening of the inheritance.

A new law introducing amendments or additions to the previous procedure for regulating inheritance relations shall apply only to rights and obligations arising after its entry into force.

In the previous review, it was explained that since July 1, 1999, with the entry into force of the Civil Code of the Republic of Kazakhstan (Special Part), the previously existing procedure for acceptance of inheritance has changed.

Under Article 542 of the Civil Code of the Kazakh SSR, in force prior to July 1, 1999, an heir had to accept the inheritance in order to acquire it.

An heir was deemed to have accepted the inheritance when they actually entered into possession or management of the inherited property or submitted an application for acceptance of the inheritance to the state notary office at the place of opening of the inheritance.

These actions had to be performed within six months from the date of opening of the inheritance.

With the entry into force of the Civil Code of the Republic of Kazakhstan (Special Part) on July 1, 1999, the rules of inheritance acceptance changed significantly. A “presumption of acceptance of inheritance” was introduced, meaning that the heir acquired the right to the inheritance from the moment it was opened, unless they subsequently refused the inheritance, were deprived of the right to inherit, or lost such right due to invalidation of a testamentary disposition.

Since February 3, 2007, the previous procedure for acceptance of inheritance has been reinstated (Law dated January 12, 2007, “On Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General and Special Parts)”).

In some cases, courts fail to take into account that the applicable law is the one in force at the time the inheritance is opened.

By the decision of the Mughalzhar District Court of Aktobe Region dated May 16, 2024, the claim of G.V.V. against the State Institution “Office of the Akim of Kandyagash City, Mughalzhar District, Aktobe Region” for restoration of the time limit for acceptance of inheritance and recognition as having accepted the inheritance was granted. The case was not reviewed on appeal.

According to the case materials, the testator G.V.N. died on December 13, 2000, i.e., during the period when the presumption of acceptance of inheritance applied. However, when the claimant applied to a notary of the Aktobe notarial district for a certificate of inheritance, she was refused due to missing the deadline.

Such errors are systemic in nature. Lack of knowledge of the law by some notaries leads to unjustified recourse to courts, and courts fail to prevent unlawful actions of notaries, thereby contributing to violations of citizens’ rights.

Courts should be aware that the circle of heirs is also determined by the law in force at the time the inheritance is opened. Under the Civil Code of the Kazakh SSR, there were three classes of heirs; from July 1, 1999, the Civil Code of Kazakhstan established six classes; from February 3, 2007, the circle of heirs was amended again.

Between July 1, 1999, and February 3, 2007, the institution of hereditary transmission did not exist in the Civil Code; from February 3, 2007, the rules of inheritance by right of representation were changed.

Thus, due to differences in legal regulation in different periods, courts must apply the law in force at the time of opening of the inheritance.

Jurisdiction

In accordance with the Civil Procedure Code, jurisdiction over civil cases arising from inheritance legal relations is determined as follows.

Part 3 of Article 31 of the CPC establishes exclusive jurisdiction for cases on recognition of an heir as unworthy, recognition of inheritance as escheat, restoration of the time limit for acceptance of inheritance, and extension of the time limit for refusal of inheritance.

Such cases are considered at the place of opening of the inheritance.

Previously, issues of jurisdiction in cases on restoration of time limits were explained due to contradictions between the Normative Resolution and the CPC. Until amendments are made, courts are recommended to follow the CPC, i.e., file claims at the place of opening of the inheritance.

According to Article 1043 of the Civil Code, the place of opening of inheritance is the last place of residence of the deceased, or if unknown, the location of the property or its main part.

By the ruling of the Aksu District Court of Zhetysu Region dated October 23, 2024, the claim of A.T. was unjustifiably returned for lack of jurisdiction. The appellate court overturned this ruling on December 10, 2024.

According to official records, the deceased was registered in the Aksu district, and owned a house there.

Part 2 of Article 31 of the CPC establishes exclusive jurisdiction for claims of creditors of the deceased against heirs—at the location of the inherited property.

If the estate includes movable property (bank deposits, shares, etc.), general jurisdiction rules apply—at the defendant’s location.

Disputes concerning protection of inheritance rights of minors are considered by specialized juvenile courts (Article 27 CPC). However, courts sometimes incorrectly transfer such cases.

For example, the Kyzylorda City Court transferred a case due to alimony debt, but the appellate court overturned the decision, noting the case was not filed in the interest of minors.

General jurisdiction applies to other inheritance disputes (e.g., invalidation of wills or inheritance certificates).

The North Kazakhstan Regional Court overturned a ruling that incorrectly classified a dispute as corporate.

According to Article 307 CPC, applications to establish legally significant facts are filed at the applicant’s residence, except for real estate matters, which are filed at the property location.

By decision of Taraz City Court dated December 6, 2024, Taraz was established as the place of opening of inheritance.

In this case, the notary’s refusal was unjustified.

Regulatory Framework

The following legal acts regulate these relations:

• Constitution of the Republic of Kazakhstan;

• Chisinau Convention of October 7, 2002;

• Minsk Convention of January 22, 1993, and its Protocol of March 28, 1997;

• Civil Code of the Kazakh SSR;

• Civil Code of the Republic of Kazakhstan;

• Civil Procedure Code of the Republic of Kazakhstan;

• Code “On Marriage (Matrimony) and Family”;

• Law “On Notaries”;

• Normative Resolution of the Supreme Court No. 5 dated June 29, 1999;

• Normative Resolution of the Supreme Court No. 13 dated June 28, 2022;

• Rules for Notarial Acts approved by Order No. 31 dated January 31, 2012.

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