How and when does one become an heir?
Last update: 10/3/2012
Up until the moment of acceptance of the succession by the heirs, the unclaimed estate under Latvian law is seen as a moral person who can only be represented by an administrator of the succession.
In principle, the heir is liable for the debts of the deceased. However, the heir can limit his/her liability, by accepting the succession under the benefit of an inventory. In this event, the heir must make a declaration before the civil law notary or the court. The co-heirs are liable for the debts of the succession, proportionally to the value of their respective shares in the inheritance.
Detailed information
Under Latvian law, the intent to accept an inheritance may be expressed either explicitly, orally or in writing, or also implicitly but with such actions that in the relevant circumstances can only be interpreted in such a way that a certain person acknowledges him/herself as heir. (Civil law, Art. 691).
Upon recognising the inheritance submission as justified, the sworn notary shall make a notarial deed regarding the coming into legal effect of the last will instruction instrument (inheritance certificate). (Notariat law, Art. 284)
Is it possible to renounce a succession?
It is possible to renounce a succession by implicitly.
Is it possible to accept a succession subject to conditions?
Latvian law does not provide any conditions.
Are the heirs and co-heirs liable for the deceased’s debts?
In principle, the heir is liable for the debts of the deceased. However, the heir can limit his/her liability, by accepting the succession under the benefit of an inventory. In this event, the heir must make a declaration before the notary or the court. The co-heirs are liable for the debts of the succession, proportionally to the value of their respective shares in the inheritance.
Creditors of the estate-leaver shall apply with their claims to the heir who, if the estate does not suffice, shall pay the debts from his/her own property; but otherwise when paying such debts the provisions of the deceased shall be observed. (Civil law, Art. 707).
An heir may avoid the duties imposed by Section 707, to be liable with his/her own property for the debts of the deceased, if he/she makes use of the inventory right, i.e., makes an inventory of the whole inheritance within the time specified by law. (Civil law, Art. 708).
