Passiveerimisel

Passiveerimisel is an Estonian term that translates to "passive inheritance" or "passive succession." It refers to a legal concept where a person inherits the assets and liabilities of a deceased individual without taking any active steps to accept or reject the inheritance. In essence, the heir becomes responsible for the deceased's debts and obligations simply by virtue of their relationship to the deceased, unless they take specific action to disclaim the inheritance.

This concept is distinct from active inheritance, where an heir must formally accept the inheritance through a legal process. Passiveerimisel can be problematic because heirs may unknowingly inherit debts that exceed the value of the inherited assets. Estonian law provides a specific timeframe within which an heir can disclaim a passive inheritance. If this period passes without a disclaimer, the inheritance is considered fully accepted, including all associated debts.

The rationale behind passiveerimisel is to ensure that estates are settled and that creditors have a clear path to recovery. It simplifies the process by default, placing the burden on the heir to actively opt-out if they wish to avoid the inherited obligations. This legal framework aims to balance the rights of heirs with the legitimate claims of creditors.