Such a conclusion was made by the Civil Court of Cassation of the Supreme Court in Resolution of 28.10.2019 in Case No. 761/42165/17-c.

In the circumstances of this case, the plaintiff appealed to the court to acknowledge the valid reasons for missing the deadline for accepting the inheritance and to set an additional term of two months for filing the inheritance application.

He substantiated his claim by having valid reasons for missing the relevant term: he was not a member of the deceased's family, did not live with her, the death report of the heir was not published in the regional press, no attempt was made in a timely manner, during the specified period to find the heir by will. In his turn, he became aware of the opening of the inheritance after the end of the 6-month period.

The local court denied the claim. Instead, the Court of Appeal overturned that decision and set the claimant an additional period of time sufficient to file a claim for inheritance, with a duration of two months, starting from the date of the judgment.

The Supreme Court also agreed with this decision. He indicated the duty of the notary to take action to notify the heir of the opening of the inheritance, to call the heir by will, including by public announcement or announcement in the press. In addition, the court found that the applicant's inheritance period was only three days, which, combined with the other circumstances of the case, indicated that there were grounds for determining an additional term for the plaintiff's inheritance application. And therefore, determined by Part 1 of Art. 1270 of the CC of the time limit for the acceptance of the inheritance, was missed by the plaintiff for valid, independent reasons.