How and when does one become an heir?
Last update: 10/1/2012
According to the law, the deceased’s legacy is passed onto their heirs at the moment of their death.
When death occurs, inheriting from the dead is established. If someone is pronounced dead, it has the same effect. The heir can only be the one who is alive when the inheriting is established.
Detailed information
A person becomes an heir upon the deceased’s death (Article 123 of the Inheritance Act). The deceased’s estate passes to his/her heirs by law at the moment of his/her death (Article 132 of the Inheritance Act), although the entry into public records requires the submission of a final Decree of Distribution.
Is it possible to renounce a succession?
An heir may renounce a succession in agreement with his/her predecessor already before the latter’s death (in the form of a notarial deed) (Article 137 of the Inheritance Act), while after the predecessor’s death it can be done through a statement made in the court before the end of the succession hearing (Article 133 of the Inheritance Act).
Is it possible to accept a succession subject to conditions?
Acceptance of a succession subject to conditions is not possible under Slovenian law.
Are the heirs and co-heirs liable for the deceased’s debts?
The heir is liable for the deceased’s debts up to the value of the inherited estate (Article 142 of the Inheritance Act).
The heir who has renounced the succession is not liable for the deceased’s debts. In case of several heirs, they are jointly liable for the deceased’s debts, each up to the value of his/her portion, notwithstanding whether the succession has already been divided or not.
