Intestate Succession in Estonia
If a person passes away without a valid will or succession contract, the estate is distributed according to the Law of Succession Act (Pärimisseadus). This process is known as intestate succession, where the law dictates the order of priority for heirs.
The Order of Succession
According to § 11 of the Law of Succession Act, heirs are divided into three distinct categories:
- First Order: The deceased's descendants (children). If a child has passed away, their children (grandchildren) inherit in their place. The surviving spouse inherits alongside the first-order heirs, receiving at least one-fourth of the estate.
- Second Order: If there are no first-order heirs, the parents of the deceased and their descendants (siblings and their children) inherit.
- Third Order: If there are no heirs in the first or second order, the grandparents and their descendants (aunts, uncles, and cousins) inherit.
Rights of the Surviving Spouse
Under § 16 of the Law of Succession Act, the spouse holds a protected status. Beyond their share of the marital property, the spouse inherits a portion of the estate. If inheriting with the first order, they receive one-fourth; if with the second order, they receive one-half. If no second-order heirs exist, the spouse inherits the entire estate.
What happens if there are no heirs?
If no legal heirs exist or if all potential heirs renounce their inheritance, the estate falls to the local municipality or the state under § 18 of the Law of Succession Act. This highlights the importance of drafting a will if you wish to ensure your assets are distributed according to your personal wishes.
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