After the death of a loved one, the formalities of accepting an inheritance are often postponed. Some people are unaware of the six‑month deadline; others are in another city or abroad; still others continue living in the deceased's apartment, paying utility bills, and sincerely believe that this is sufficient.

Yet a few months later, an alarming question arises: has the inheritance been lost for good?

Many are convinced that if they fail to approach a notary within six months, their rights can no longer be restored. In reality, however, the law provides for situations where inheritance rights may be preserved even in the absence of a timely filed application. It was precisely this point that the Supreme Court of the Republic of Kazakhstan addressed in its new Regulatory Resolution "On Certain Issues of the Application by Courts of Inheritance Legislation," which came into force on 1 July 2026.

The law provides for two methods of accepting an inheritance. The most well‑known is filing with a notary an application to accept the inheritance or an application for the issuance of a certificate of inheritance. However, there is also another method – actual acceptance of the inheritance.

This means that the heir, through their actions, confirms the intention to accept the estate. For example, they continue to possess or manage the deceased's property, take measures to preserve it, pay utility bills, taxes, carry out necessary repairs, settle the deceased's debts, or receive monies due to the deceased. However, such actions must be performed within the statutory time limit and be supported by appropriate evidence.

In notarial practice, various situations arise. For instance, after the mother's death, a son continued to live in her apartment, paid the utility bills, and looked after the property, but did not approach a notary in time because he believed that, as the only child, he automatically became the owner of the property.

When the need later arose to formalise ownership, it turned out that no application had been filed with the notary within the prescribed period.

In such cases, much depends on the availability of documents. If the heir performed actions evidencing actual acceptance of the inheritance within six months from the opening of the inheritance (such as residing in the inherited dwelling, paying utility bills, maintaining the property, etc.), and can prove this with documents (receipts, certificates, contracts, etc.), the notary establishes the fact of acceptance of the inheritance based on the submitted documents and issues a certificate of inheritance.

If the heir who actually accepted the inheritance does not have the documents necessary to prove the fact of acceptance and has no other way of obtaining them, the notary refuses to issue the certificate. In such a case, the heir is entitled to apply to the court with a petition to establish the legal fact of acceptance of the inheritance (by way of special proceedings), and if a dispute over rights arises – by way of contentious proceedings.

If the heir took no steps whatsoever to accept the inheritance, the court may restore the missed deadline, but only if there are valid reasons for the delay. The Supreme Court has specifically clarified that such reasons may include serious illness, a helpless state, and other objective circumstances that prevented timely application. At the same time, ignorance of the law, lack of information about the composition of the estate, or a short‑term deterioration in health do not, in themselves, constitute valid reasons.

This is precisely why, after the death of a loved one, one should not postpone approaching a notary. Even if it seems that there are no other heirs or that all matters can be resolved later, a timely consultation will help determine the procedure for formalising inheritance rights, avoid court disputes, and gather the necessary documents in good time.

Inheritance law protects the rights of citizens, but at the same time establishes clear rules and deadlines. The sooner an heir contacts a notary, the simpler and faster the inheritance formalities will be. And if doubts arise regarding the procedure for accepting an inheritance or a missed deadline, it is better to seek qualified legal advice rather than wait for a court dispute to arise.

Oleg POLUMORDVINOV