Power of Attorney for Probate Proceedings in Uzbekistan: What Heirs Need to Know

Can You Handle an Inheritance Through a Representative?

Yes — and it is a perfectly common arrangement. Under Uzbek law, an heir may authorise a representative to conduct all probate proceedings before a notary by granting a notarially certified power of attorney (POA) for inheritance matters. The document must explicitly state that the representative is empowered to take actions connected with accepting the inheritance: filing applications, gathering and submitting documents, and collecting the certificate of inheritance rights. Without a clear enumeration of powers, the notary is entitled to refuse specific actions on the representative's part.

Key Points to Bear in Mind

• A POA for probate proceedings must be notarially certified — a simple written document will not suffice.
• The document must explicitly list the powers granted: filing the acceptance-of-inheritance application, obtaining the certificate of inheritance rights, representing the heir before government authorities, and so on.
• If you want your representative to be able to dispose of inherited assets (sell, gift, etc.), a separate POA with the corresponding authority will be required.
• Current notarial fees are subject to periodic revision — please verify the applicable tariff with the notary at the time of your visit.

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What to Include in the Power of Attorney

In my practice I frequently see clients arrive with a "general" POA issued for entirely different purposes, expecting it to cover probate proceedings. This almost always creates complications. For inheritance matters, I strongly recommend drafting a dedicated POA that addresses the following:

• Full details of both the principal and the representative — full legal name, passport details, and registered address.
• Subject of the mandate — conducting the probate proceedings opened after a specific deceased person (full name, date of death).
• An itemised list of authorised actions: filing applications, submitting requests to banks and registries, obtaining official certificates, collecting the certificate of inheritance rights.
• Permission or prohibition of sub-delegation — if you are comfortable entrusting only one specific person, explicitly prohibit sub-delegation.
• Term of validity — a POA without a stated term is valid for one year under Uzbek law; you may specify a different reasonable period.

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Documents to Bring to the Notary

I recommend preparing the following package before your visit:

• Principal's passport (original).
• Representative's passport details (copy, or the data needed to insert into the document text).
• Death certificate of the deceased (if already available) — for accurate identification of the probate case.
• A clear idea of exactly which powers you wish to grant — it helps to write a list in advance.

If the principal is located abroad, the POA may be certified at an Uzbek consulate or by a foreign notary with a subsequent apostille and certified translation. The specific legalisation procedure depends on the country involved — please verify the requirements in advance.

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When a Power of Attorney Ceases to Be Valid

A representative will no longer be able to act under a POA in the following circumstances:

• The principal has revoked it — revocation is also formalised before a notary, and both the representative and the notary handling the probate case must be notified.
• The document's term of validity has expired.
• The principal has passed away — the representative's authority terminates automatically, and the probate estate passes to the principal's own heirs.
• Other circumstances provided for under applicable legislation have arisen.

From experience, I advise: if you have issued a POA and circumstances have changed, do not delay revoking it — this protects you from any unwanted actions by your representative.

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Frequently Asked Questions

Can more than one representative be named in a single POA?

Yes, this is permissible. Specify whether they are to act jointly or independently — this determines how each of them may represent your interests.

Is it necessary to name the specific notary handling the estate?

No. It is sufficient to describe the subject of the mandate — the probate proceedings opened after a specific deceased person.

Can an heir disclaim an inheritance through a representative?

Yes, but only if the POA explicitly grants that authority. Disclaiming an inheritance is an irrevocable act, and notaries verify that the relevant power is clearly stated in the document.

Is a POA required when the heir is a minor?

Children under 14 are represented by their parents or legal guardians without a POA. From 14 to 18, the minor acts with the written consent of their legal representatives. Granting a POA to a third party in such cases follows a different procedure — please consult the notary for guidance specific to your situation.

How much does it cost to certify such a POA?

Fees are set in accordance with current legislation and are subject to periodic revision. We will advise you of the exact amount on the day of your visit to the notary's office.

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> Disclaimer. This article is provided for general informational purposes only and does not constitute individual notarial advice. Every inheritance situation has its own particular features that must be examined on a case-by-case basis.

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If you need to arrange a power of attorney for probate proceedings, or would like personalised advice on inheritance matters, please contact my notarial office in the Yunusabad district of Tashkent. I am ready to help you navigate your specific situation and prepare all necessary documents correctly from the outset.