Which is the competent authority?
Who should I contact?

Which international rules of jurisdiction apply to the assets of a national or a foreign citizen?

According to the Private International Law Act § 24 successions shall be governed by the law of the last state of residence of the deceased (principle of the unity of succession). It means, if an Estonian or a foreign citizen was a resident of Estonia (no matter in which state he/she had assets), the succession shall be governed by Estonian law. If an Estonian or foreign citizen was a resident of another state (no matter in which state he/she had assets), the succession shall be governed by the last state of residence.

If the deceased’s last residence was located in a foreign state, an Estonian notary shall conduct succession proceedings only with respect to property located in Estonia provided that the succession proceedings cannot be conducted in the foreign state or the proceedings conducted in the foreign state do not include the property located in Estonia or the succession certificate prepared in the foreign state is not recognised in Estonia (Law of Succession Act § 165 (3).

Which international rules of jurisdiction apply to the assets of the deceased if located abroad?

According to the Private International Law Act § 24 successions shall be governed by the law of the last state of residence of the deceased (principle of the unity of succession). It means that, if the deceased was a resident of Estonia, but had assets abroad, Estonian law applies.

Which authority is responsible for the probate procedure?

Succession proceedings shall be conducted by an Estonian notary (Law of Succession Act § 165 (2).

• How and by whom is the probate procedure instigated?*

To initiate succession proceedings, a successor, a creditor of the deceased, a legatee or any other person who has rights in respect of the estate shall submit a corresponding notarised application to a notary (Law of Succession Act § 166 (1).
Succession proceedings shall be conducted by a notary to whom an application for initiation of succession proceedings in the given succession matter is submitted first (Law of Succession Act § 166 (5).

The term for renunciation from succession right is three months. The term shall commence from the moment the successor becomes aware or ought to become aware of the death of the deceased and of his/her right of succession.

If a successor does not renounce the succession within the term, the successor shall be deemed to have accepted the succession.

How is the heir’s capacity checked?

According to the Law of Succession Act § 5 any person with passive legal capacity has succession capacity. A natural person who is alive at the time of death of the deceased or a legal person who exists at that time may be a successor. A child born alive after the opening of a succession shall be deemed to have succession capacity at the time of the opening of the succession if the child was conceived before the opening of the succession. A foundation established by a will or succession contract shall be deemed to exist at the time of opening of the succession if it acquires the rights of a legal person later.
According to the Law of Succession Act § 6, a person is unworthy to succeed if the person: 1) intentionally and unlawfully causes or tries to cause the death of the deceased; 2) intentionally and unlawfully places the testator in a situation where he/she is incapable of making or revoking a testamentary disposition until his/her death; 3) by duress or deceit hinders the testator from making or altering a testamentary disposition or in the same manner induces the testator to make or revoke a testamentary disposition if it is no longer possible for the testator to express his/her actual testamentary intention; 4) intentionally and unlawfully removes or destroys a will or succession contract if it is no longer possible for the testator to renew it; 5) falsifies the will made by the testator or the succession contract or a part thereof. The parent of a child whom a court has deprived of parental rights cannot be an intestate successor of the child. Above-mentioned provisions also apply to legatees and other persons who have the right to benefit from the succession.
If there is no above-mentioned basis of unworthiness to succeed, the heir has a capacity to succeed. There is no further check.

Can or must an inventory of the estate be drawn up?

Inventory of the estate is possible by the Law of Succession Act. Usually this is used for restricting the liability of the successor – after making an inventory the liability of a successor for obligations related to the estate is restricted to the value of the estate (Law of Succession Act § 143 (1).
If a person with restricted active legal capacity, a local government or the state is a successor, an inventory of the estate is obligatory (Law of Succession Act § 136 (1).

A claim for inventory may be submitted to a notary together with an application for the commencement of succession proceedings or an application for acceptance of the succession (Law of Succession Act § 137 (1).
A successor may submit a notarised claim for inventory to a notary within three months after the successor becomes aware or should have become aware of the circumstances from which it can be presumed that the estate is insufficient for covering the claims of the creditors of the deceased (Law of Succession Act § 137 (2).

A notary shall appoint a bailiff for making an inventory (Law of Succession Act § 138).

An inventory of an estate shall set out all the assets (things, claims etc) forming part of the estate (Law of Succession Act § 141 (1).
The inventory of the estate shall be submitted to a notary. Making an inventory shall be deemed to be terminated after submission of the inventory of the estate to a notary (Law of Succession Act § 141 (2).

Is there a system regarding the administration of the succession?

Upon the death of the deceased a court may apply measures for the management of the estate (administration of an estate) if: 1) a successor is not known; 2) a successor is not in the location of the estate; 3) it is not known if a successor has accepted the succession; 4) a successor has restricted active legal capacity and no guardian has been appointed for him/her; 5) other bases provided by law exist (Law of Succession Act § 110 (1).
The measures for the management of an estate may be applied until acceptance of the estate by successors unless otherwise provided by law. A court shall apply measures for the management of an estate on its own initiative unless otherwise provided by law. A court may decide on the application of measures for the management of an estate also at the request of a creditor of the deceased, legatee or any other person who has a claim in respect of the estate if failure to apply the management measures may endanger satisfaction of a claim belonging to the abovementioned person out of assets of the estate. In the event of a dispute on who is the successor, a court may decide on the application of measures for the management of an estate also at the request of a person claiming recognition of the right of succession. (Law of Succession Act § 111).
A court shall nominate an administrator for administration of an estate, to whom the court may issue orders for possession, use and disposal of property (Law of Succession Act § 112 (1)).

A court shall terminate the measures for the management of an estate if the bases for application of management measures cease to exist (Law of Succession Act § 115 (1)).

Also the testator may nominate an executor either for the execution of the will or for the administration of the estate (Law of Succession Act § 78 (1), 81).

How is the probate procedure closed?

A notary shall issue a succession certificate if sufficient proof is provided concerning the right of succession of a successor and the extent thereof (Law of Succession Act § 171 (1).

Notary can also issue a certificate to a legatee concerning the claim arising from a legacy (certificate of legatee) upon a notarised application of the legatee, executor of the will or the successor (Law of Succession Act § 172 (1).

If there is a person who is entitled to a compulsory portion, a notary can issue a certificate about the claim arising from a compulsory portion (certificate of recipient of compulsory portion) on the basis of a notarised application of the recipient of compulsory portion, executor of the will or the successor (Law of Succession Act § 173 (1). In the certificate, the compulsory portion shall be set out as a proportion from the estate, although the compulsory portion is actually a monetary claim against the successors.

How is the estate transmitted to the heirs/legatees?

The estate is transmitted to the heirs on the basis of a succession certificate issued by a notary. According to the Law of Succession Act § 4 (1), upon the opening of a succession, the estate transfers to a successor. So, after a succession certificate is issued, the successor can make on the basis of a succession certificate all necessary changes in the different registries etc.

In a will a disposition to give a legacy entitles a legatee to demand transfer of a thing given as a legacy from the executor of legacy (Law of Succession Act § 56 (1). The executor of legacy can be successor(s) or another legatee (Law of Succession Act § 57 (1). So the executor of a legacy must transfer a thing given as a legacy to the legatee according the rules, which apply to the transfer of various things.