Which is the competent authority?
Who should I contact?
Last update: 10/3/2012
The succession is devolved to the heir in a special procedure. It is devolved to the heir, if he/she accepts the succession within the set deadline. This deadline for accepting or waiving the succession is one year, if the testator or civil law notary have not specified differently, from the moment when the heir is informed of the death and of his/her position as heir. The civil law notary should be contacted.
The civil law notary should also be contacted to receive the certificate of inheritance.
Detailed information
Which international rules of jurisdiction apply to the assets of a national or a foreign citizen?
Inheritance rights regarding an inheritance located in Latvia shall be adjudged in accordance with Latvian law (Civil law, Art. 16).
Sworn notaries are competent in succession cases in Latvia.
Interested persons may examine the inheritance register and receive extracts from it. The holder of the inheritance register is the Chamber of Sworn Notaries of Latvia (Notariate Law, Art. 258).
Which international rules of jurisdiction apply to the assets of the deceased if located abroad?
Indeed, the law applicable to the succession is the law of the country where the movables and immoveables were situated at the moment of the death of the deceased.
Which authority is responsible for the probate procedure?
Civil law notaries are competent in succession cases in Latvia.
An inheritance submission shall be submitted to a civil law notary who is practising in the operational territory of the regional court where the last place of residence of the deceased was located, but if it is not known – according to the location of the estate or the principal share of the estate (Notariat Law, Art. 252).
How and by whom is the succession procedure instigated?
A civil law notary shall commence succession procedure after an succession submission has been received (Notariat Law, Art. 250).
How is the heir’s capacity checked?
The heir’s capacity shall be verified by the civil law notary who conducts the succession procedure.
Can or must an inventory of the estate be drawn up?
Guardians, trustees and other legal representatives (juvenile and capacitated) of an heir shall always accept the inheritance due to the heir only with inventory rights (Civil law, Art. 708).
An heir who intends to make use of the inventory right must apply to a notary, not later than two months from receipt of notice regarding the opening of succession, with a petition to charge a bailiff with the preparation of an inventory pursuant to the provisions of the Civil Procedure Law, or in cases indicated by law – the Orphan’s court.
If the inheritance is large and complex and a longer period is needed to prepare the inventory, a civil law notary, pursuant to a petition from the heir, may extend the time period, but not by longer than one year (Civil law, Art. 709).
Is there a system regarding the administration of the succession?
A court, pursuant to a petition from an heir or when the heirs are not known; when, although they are known, they are not all accessible; when the heirs, although they are known and are accessible, do not want to or are not able to accept the inheritance, having received an appropriate notification, shall establish a trusteeship for the estate and shall notify an Orphan’s court for its execution. If the heirs are minors and they have no parents, then the Orphan’s court shall appoint guardians for them who shall also have imposed on them the duties of trustee for the estate (Civil law, Art. 660).
When a court decision or judgment has come into effect or a notary has issued an inheritance certificate regarding the rights of inheritance claimants, the trusteeship is terminated, and with it the right of the trustee to act on behalf of the entire estate is terminated (Civil law, Art. 666).
How is the succession procedure closed?
When the civil law notary finds that the submission is justified, the civil law notary shall make a notarial deed regarding confirmation of the rights of inheritance (inheritance certificate) which shall specify whether the heir has acquired the whole estate as the sole heir or a specified undivided share thereof as a co-heir (Notariat Law, Art. 316).
How is the estate transmitted to the heirs/legatees?
With the acceptance of an inheritance, all the rights and obligations of the deceased, insofar as they are not extinguished with the death of the deceased, shall devolve to the heir (Civil law, Art. 701). Each case of transition of an immovable property shall be entered in the Land Register (Land Register Law, Art. 3, 64). Transition of a movable property (for example, a vehicle) is recorded on the heirs in the registration authorities. The Road Traffic Safety Directorate shall register vehicles (Road Traffic Law, Art. 4.).
