Succession

Succession is the process by which the assets, rights, and obligations of a deceased person are transferred to their heirs. Succession begins upon a person’s death, at which point their estate is opened. Heirs and their rights are determined through succession proceedings. To carry out succession procedures, one must always contact a notary—even if they are the sole heir or if a will has been made in their favor.

Who inherits?

What do you inherit?

Succession proceedings

1. Opening of succession

Upon the opening of a succession, the estate transfers to a successor. The estate may be used and cared for. In order to do transactions with the inherited assets or to prove that you are a successor, you must apply to a notary to initiate the succession proceedings and obtain a succession certificate. The heirs will receive a succession certificate to prove their rights after the succession proceedings have been completed.

When will the succession open?

A succession opens upon the death of a person.

Is the succession testate or intestate?

Succession is testate if the bequeather has left a valid will or succession contract.
After a person’s death, information can be obtained from the succession register about whether there is data about their will in the register and whether the succession proceedings have been initiated. For information, you can also contact a notary of your choice.
Succession is intestate if the bequeather has not left a valid will or succession contract.

Please note!

If the deceased has left his or her holographic will in your possession you must take it to the notary as soon as you learn of his or her death. It does not matter which notary.

2. Submitting an application for initiation of succession proceedings, acceptance of the estate or renouncing of the estate to a notary

To carry out succession proceedings you must always contact a notary – even if you are the sole heir or if a will has been made in your favor.

When does one need to submit the application?

If you wish to be an heir, there is no time limit set by law for submitting an application to initiate succession proceedings.
If you wish to renounce the succession you must submit a corresponding application within 3 months of becoming aware of your right to succeed.

Who can submit an application for initiation of succession proceedingns?

Successor
Legatee (person to whom a specific item has been left in the will)
Creditor of the successor
Any other person who has rights in respect of the estate (e.g. co-owner of a property or an apartment association)

How to submit an application to initiate succession proceedings?

To submit an application, you need to contact a notary’s office and make an appointment. You can choose any notary. It is not necessary for the proceedings to be conducted by the same notary who certified the will or in whose jurisdiction the deceased lived.
The application to initiate succession proceedings is prepared by a notary, who will ask you for the necessary information. The application can be made either in person at the notary’s office, through remote authentication, or if there are multiple applicants, some can be present at the notary’s office while others participate via video link.
When you go to the notary, be sure to take your identification document with you and, if you have the deceased’s holographic will, the original of it. If the notary needs additional information or documents to carry out the probate proceedings, they will inform you.

Contacts for notaries

Making an appointment via the e-notary’s self service

3. Succession proceedings at notary

The succession proceedings are conducted by the notary who was first approached in this matter. The notary’s details are entered in the succession register as the person who conducts the succession proceedings.

How long will it take?

The procedure usually takes 1-3 months from the date of submission of the succession application to the notary, unless there are obstacles or circumstances requiring further clarification.

What does the notary do?

The notary makes an entry concerning the initiation of succession proceedings in the succession register and publishes a notice concerning the initiation of succession proceedings in the official publication Ametlikud Teadaanded.
The notary shall send the successors known to the notary a notice concerning the initiation of succession proceedings. The notary shall inform also other persons to whom rights have been granted and duties have been imposed by the will or succession contract. In case of succession pursuant to the testamentary disposition of the bequeather the notary shall also inform the persons who would have succeeded in the case of intestate succession.
Verifies documents proving the right of inheritance, including the will and its validity, and in the case of intestate succession, documents proving kinship (e.g., birth certificates, marriage certificate).
A notary shall make inquiries concerning the rights and obligations of the bequeather to the banks and registers (e.g. population register, motor register, land register, pension centre, etc.).
If the deceased was married or in a registered partnership at the time of the opening of the succession and the property relationship was a community of property, the notary will also make enquiries about the rights of the deceased’s partner.
If a document has been issued in a foreign country and its details have not been entered in the Estonian register, the heirs are asked to present it to a notary.
A notary shall authenticate a succession certificate if sufficient proof is provided concerning the right of succession of a successor and the extent thereof.

Please note!

The succession register provides information on whether the person’s succession proceedings have been initiated and which notary is conducting the proceedings, etc.
Even after the succession proceedings have been initiated, any notary may be contacted to authenticate the declaration of acceptance or renunciation of the succession. The notary you have chosen will certify the application and forward it to the notary who is conducting the succession proceedings.

Official publication Ametlikud Teadaanded

4. Preparation and authentication of the succession certificate

The succession proceedings conclude when the heirs have been identified, and the notary prepares and authenticates the succession certificate, which the heirs can use to prove their right of inheritance.

When?

If sufficient proof is provided concerning the right of succession of a successor and the extent thereof.

Why is it needed?

The certificate states the names of the deceased and the heirs and the amount of each heir’s share. This is necessary for the registration of the estate in the name of the heir(s).
The succession certificate is kept at a notary’s office. The heir has the right to receive a copy of the succession certificate either in paper or digital form.

Please note!

The share of the estate in the succession certificate does not mean that the heir owns each item that belongs to the estate in the same proportion.
The succession certificate does not include a list of the estate.
Fox example if an apartment belonged jointly to the heir and their spouse, only part of the apartment becomes part of the deceased’s estate and the other part remains in the ownership of the spouse.If the spouse is also an heir their share of the apartment is larger because part of the apartment already belonged to them during the deceased’s lifetime.

5. Acceptance, division, transfer of the inheritance

If several heirs have accepted the inheritance, the estate belongs to them jointly until it is divided.

What can be done before division of the estate?

If, for example, the estate includes a property that the heirs have decided to sell, they will have to conclude the sale contract jointly.
If one of the heirs would like to sell his/her share of the property, he/she cannot do so without involving the other heirs. He or she can only sell (or even donate) his/her share of the whole estate, i.e. all that he/she has inherited. If a co-successor sells his or her share of the community of an estate to a third person, the other co-successors shall have the right of pre-emption.

How to divide the estate?

Division of an estate may be demanded only on the condition that all successors are known.
Upon division of an estate, it shall be determined which things or shares of things and which rights and obligations forming part of the estate transfer to each co-successor.
If the heirs are in agreement, an agreement on the division of estate can be made at the same time as getting the succession certificate or later at a notary’s office.
It is compulsory to divide the real estate and shares in the private limited company that were part of the estate, at the notary’s office, while other assets (books, jewellery, art) may be divided by the heirs by oral or written agreement.
If the property includes immovable property, the notary will transfer the details of the division agreement to the land register so that the new owner can formally register the property in his/her name. The new owner will have to pay a statutory fee for the changes to the land register.
The bank must be provided with a copy of the certificate of inheritance and, if applicable, the estate division agreement, if it has been concluded regarding the money in the bank account. You will need to check with the bank exactly how the heirs are to act – each bank has its own rules.
If there is no agreement among the heirs on the division of the estate, each heir can apply to the court to have the estate divided by the court.

Please note!

The estate does not have to be divided among successors according to their shares of the estate.
An heir who receives property that does not correspond to the size of their share of the estate should compensate the others for the portion that exceeds their share, upon request.
Reaching an agreement among yourselves regarding the division of property is often faster, cheaper, and more flexible than a court dispute, helping to avoid tensions and additional costs. In addition to standard authentication, a notary can offer additional consultation and mediation services for more complex cases. The fee for the mediation process is negotiable.

Items inherited as a legacy

A legacy is a specific benefit given in a will to a person without making that person the legal successor of the testator. The person receiving this benefit is called a legatee.
The legatee may or may not be an heir at the same time. For example, the testator may wish to leave a memento to a friend or make a donation to charity.
Heirs have the obligation to transfer the legacy to the legatee in accordance with the will.
The notary explains the extent of the legacy and any possible obligations, and also assists in formalizing the transfer of ownership of the real estate designated as a legacy.

6. Renunciation of succession

Renouncing an inheritance means that the heir decides not to accept the inheritance. By doing so, the heir excludes themselves from the recipients of the estate’s assets, rights, and obligations (i.e., they do not receive any part of the deceased’s property and are not responsible for the estate’s debts).

How to renounce the succession?

For renunciation of a succession, an application shall be submitted to a notary within 3 months from the moment the successor becomes aware or ought to become aware of the death of the bequeather and of his or her right of succession.
The application for renunciation of a succession must be notarised and can be made either at the notary’s office, remotely or, if there are several persons making the application, by having some of them present at the notary’s office at the time of the application and others by video link. In order to make the application, the notary’s office must be contacted and an appointment made. The notary will prepare the text of the application.
When you go to the notary, be sure to take your identification document with you.

Please note!

If the person entitled to inherit has renounced the succession, the person who would have inherited if the person who renounced the succession had died before the succession opened becomes the heir. As a general rule, the succession is then passed on to the children and grandchildren of the person who renounced the succession and, if there are none, or if they also renounce, to the other relatives of the deceased.
The notary informs the person who becomes an heir as a result of the renunciation of the inheritance.

Can renouncing be withdrawn?

A succession can no longer be accepted after renunciation.
If a successor does not renounce the succession within the term provided for, the successor shall be deemed to have accepted the succession.