Right of succession in Estonia

• Grounds for Succession: Succession occurs either on the basis of a succession contract, a will — notarized or domestic — or by law. Intestate succession applies if the successor has not left a valid will or succession contract, or if it concerns only a part of the estate.

• Order of Intestate Heirs (Heirs by Law):

○ First order: Direct lineal descendants of the successor: children, or in their absence, grandchildren. The surviving spouse of the successor inherits alongside the first-order heirs in an equal share with a child, but not less than one-quarter of the estate.

○ Second order: The parents of the successor and their lineal descendants: brothers, sisters, nephews and nieces. If there are no children, the spouse inherits half of the estate together with the second-order heirs.

○ Third order: The grandparents of the successor and their lineal descendants.

○ Absence of Heirs by Law: If the successor has no relatives or a spouse, the intestate heir is the local municipality of the place of the opening of the succession.

• Right to a Compulsory Portion (Statutory Share Claim): If the successor has, by a will or a succession contract, disinherited a lineal descendant, their parents, or a spouse whom the successor had a legal obligation to maintain at the time of death, they have the right to claim a compulsory portion from the other heirs. The size of the compulsory portion is half of the value of the share of the estate that the heir would have received in the case of intestate succession.

• Deadlines and Proceedings: Succession proceedings are initiated by a notary based on an application by an interested person. The deadline for renouncing an inheritance is three months. The term begins from the moment the heir becomes aware of the successor’s death and their right of succession. If the heir does not renounce the inheritance within this period, they are deemed to have accepted it.

1. Legal Consultation and Estate Planning

○ We advise on drafting domestic wills, ensuring that your wishes are legally correctly formulated and comply with statutory requirements.

2. Comprehensive Counseling and Management of Succession Proceedings

○ We help assess the status of the estate, including financial obligations and debts, and analyze the need to accept the inheritance or request an inventory of the estate.

○ We guide you in communicating with the notary, help prepare the necessary applications, and manage affairs for clients residing abroad, including via digital signatures or powers of attorney.

○ We strictly monitor statutory deadlines, including the three-month renunciation period, to prevent financial loss.

3. Resolution of Disputes Between Heirs and Representation

○ We help find out-of-court solutions for the division of inherited property held in co-ownership and the termination of joint ownership.

○ We represent clients in filing and calculating claims for a compulsory portion, as well as in contesting unjustified claims.