Which is the competent authority?
Who should I contact?
Last update: 10/7/2012
In the Republic of Slovenia, the court is responsible for the regularisation of inheritance matters. In an inheritance procedure, the court determines who the deceased’s heirs are, which property constitutes their legacy, and which rights from that legacy go to the heirs, legatees, and other persons.
The Ministry of Justice has already begun the procedures for the transfer of competence for the regularisation of inheritance matters from courts to civil law notaries. We expect that this will be done by the end of the year 2010.
Which international rules of jurisdiction apply to the assets of a national or a foreign citizen?
The succession of immovable assets owned by a Slovenian citizen or a non-national is exclusively governed by the court of the Republic of Slovenia, provided that such immovable assets are located in the Republic of Slovenia (Article 80 of the Private International Law and Procedure Act – ZMZPP)
Which international rules of jurisdiction apply to the assets of the deceased if located abroad?
If the immovable assets of a Slovenian citizen are located abroad, the courts of the Republic of Slovenia are competent only when the law of the country where such immovable assets are located does not avail of a competent authority or if its authority is not willing to handle the succession procedure (Article 79 of the ZMZPP).
Which authority is responsible for the succession procedure?
The County Court – the succession procedure falls under the jurisdiction of the court in the territorial jurisdiction where the deceased had his/her permanent or temporary residence at the time of his/her death (Succession Court, Article 177 of the Inheritance Act).
How and by whom is the succession procedure instigated?
The succession procedure is instigated ex officio as soon as the court learns about a person’s death or about his/her being declared dead. (Articles 164 and 179 of the Inheritance Act).
How is the heir’s capacity checked?
The heir’s capacity is checked by the competent authority in the succession procedure in accordance with the provisions of the Inheritance Act (Articles 125 through 129 of the Inheritance Act)
Can or must an inventory of the estate be drawn up?
An inventory and an appraisal of the deceased’s estate are provided under the decision of the succession court only whenever required by the administrator, the heirs or the creditors, in case of restrictions imposed on the succession under the respective law or for other justified reasons (Article 184 of the Inheritance Act). The succession court may authorise a civil law notary for drawing up an inventory and for making an appraisal.
Is there a system regarding the administration of the succession?
If the heirs or their residence are not known, and when otherwise required, the court appoints a temporary administrator who is entitled on behalf of the heirs to sue or to be sued, to recover the claims and to settle the debts as well as to represent the heirs generally (Article 131 of the Inheritance Act).
How is the succession procedure closed?
Once the succession court discovers which persons are entitled to the succession, such persons are declared heirs under the Decree of Distribution (Article 214 of the Inheritance Act). If in the succession procedure all heirs agree on the division of the inherited estate and on the respective method of division, the succession court indicates such agreement in the Decree of Distribution.
How is the estate transmitted to the heirs/legatees?
After the Decree of Distribution becomes final, the succession court sends the Decree of Distribution ex officio to the Land Register of the competent court. Other property listed in other records (car registration records, bank records, shares etc.) are transferred by the heirs themselves after the Decree of Distribution becomes final (Article 216 of the Inheritance Act).
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Successions in Slovenia
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