Which is the competent authority?
Who should I contact?
Last update: 10/7/2012
Lithuanian notaries and courts are competent in cases of succession. The Lithuanian authorities are competent for the entire succession if the deceased’s last usual place of residence was Lithuania. An exception is made for immoveables situated abroad which will be subject to the law of the place where the immovable is situated.
Is it the same for movables situated abroad?
For the movables situated abroad legal relationships of succession shall be governed by the law of the state of domicile of the testator at the time of his death.
In what situation does the civil law notary/the court intervene? And which one?
In order to acquire succession, a successor must accept it within three months from the day of the opening of the succession. A successor shall be deemed to have accepted a succession when he/she begins the process of actually possessing the estate, has applied to the district court of the place of the opening of the succession for the inventory of the estate, or when the successor files an application on the acceptance of the succession with the civil law notary public of the place where the succession was opened.
Which international rules of jurisdiction apply to the assets of a national or a foreign citizen?
In the absence of applicable provisions in international agreements, legal relationships of succession, with the exception of those related to inheritance of real property, shall be governed by the law of the state of domicile of the deceased at the time of his/her death. Relations of succession in respect of a real property shall be governed by the law of the state where the real property is located. Where succession is opened by the death of a Lithuanian citizen, irrespective of the applicable law, his/her heirs residing in Lithuania and in possession of the right to the mandatory share of succession shall inherit this part in accordance with the laws of Lithuania, except the real property. (§ 1.62 of the Civil Code of the Republic of Lithuania)
Which international rules of jurisdiction apply to the assets of the deceased if located abroad?
Whether it is a national or a foreign citizen, the law of the state of domicile of the deceased at the time of his/her death is applied to the legal relationships of succession, with the exception of those related with succession of real property (§ 1.62 CC).
Which authority is responsible for the succession procedure?
The civil law notary and the district court are responsible for the succession procedure (§5.50 CC).
How and by whom is the succession procedure instigated?
The succession procedure is instigated as soon as the civil law notary or the court is informed of the death of the deceased, or in the event that he/she is declared deceased, on the day when the judgement of the court becomes res judicata, or the day of death indicated in the court judgement (§ 5.3 CC).
How is the heir’s capacity checked?
The heir’s capacity is checked as part of the notarial and judicial succession procedure (§ 31 Law on the Notariat; § 38 of the Code of Civil Procedure)
Can or must an inventory of the estate be drawn up?
The heirs have a right to apply to the district court for the inventory of the estate (§ 5.50, 5.53 CC). The executor of the will or the administrator of the succession shall immediately compile the inventory of the estate (§ 5.39 CC).
Is there a system regarding the administration of the succession?
A will shall be executed by the executor of the will or a successor appointed by the testator, or by an administrator of succession appointed by the court (§ 5.37 CC).
If the inherited estate is a private (personal) enterprise, a farmstead, or the deceased’s debts might exceed the value of the succession, the successor, having accepted the succession, may apply to the Court to appoint an administrator for the succession property, or to appoint an administrator and decide on the issue of auction or process the bankruptcy proceedings. The district court establishes the administration, appoints the administrator and determines his/herremuneration. No administration is established if the succession is not significant, and the costs of administration would exceed the value of the succession, or the major part of the succession would have to be used for the payment of administration costs. An administrator has the same rights and duties as the executor of the will (§ 5.38, 5.55 CC).
If the succession includes property subject to management (private (personal enterprise), a farmstead, security, etc.) and it cannot be performed by the executor of the will or the successor, or if the creditors of the deceased bring an action before the successors accept the succession, the district court shall appoint an administrator (§ 5.65 CC).
How is the succession procedure closed?
The succession procedure is closed when a certificate of inheritance is issued by the competent civil law notary (§ 5.66 CC).
How is the estate transmitted to the heirs/legatees?
The estate is transmitted ipso jure pursuant to a certificate of inheritance issued by the competent civil law notary (§ 5.66 CC). For the transmission of real estate, this must be registered in the Real Estate Register (§ 1.75 CC, Law on Real Estate Register).
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Successions in Lithuania
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