Initiating Inheritance Proceedings: A Legal Guide
Initiating inheritance proceedings is the essential first step in claiming an estate. According to § 168 of the Law of Succession Act (Pärimisseadus), the process begins upon the application of an heir. This procedure is conducted by a notary, who verifies the right of succession and issues the certificate of inheritance.
1. Choosing a Notary and Filing an Application
In Estonia, you are not restricted to a specific notary based on the deceased's residence. You may choose any notary in the country. The application must be submitted in writing, either in person at the notary's office or digitally if the notary provides such services.
2. Required Documentation
To initiate the process, you must provide:
- Death certificate (if not available in the Population Register).
- Will or inheritance contract (if applicable).
- Documents proving kinship (e.g., birth certificates) if inheriting by law.
3. The Procedure
The notary verifies whether the deceased left a will or an inheritance contract. Subsequently, the notary publishes a notice in the Official Announcements (Ametlikud Teadaanded) to inform other potential heirs. Under § 169 of the Law of Succession Act, heirs have the right to renounce the inheritance within three months from the date they became aware of the death and their right to inherit.
4. Issuance of the Certificate of Inheritance
Once all legal requirements are met and no objections have been raised, the notary issues the certificate of inheritance. This document serves as legal proof of your right to the estate, enabling you to update land registry entries and other official records.
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