Pärandumine

Pärandumine is the legal process by which the property, rights and obligations of a deceased person are transferred to successors. The term covers both testamentary inheritance, based on a will, and intestate succession, where the distribution follows statutory rules when no will exists. In everyday use pärandumine refers to the transfer of an estate from the deceased to heirs or beneficiaries.

The legal framework for pärandumine in Estonia is governed by inheritance law, with the process typically handled by a notary or, in some cases, a court. There are two main pathways: testamentary succession, where a will specifies who receives what, and intestate succession, where the heirs are determined by law. The will can designate beneficiaries and allocate specific assets, while intestate succession relies on the statutory order of heirs and their respective shares.

The process usually begins after death with the opening of the estate. Liabilities and debts of the deceased are identified and settled, and any applicable taxes or fees on the estate are paid. After debts are satisfied, remaining assets are distributed among the heirs according to the applicable rules (either the will or the statutory scheme). The proceedings may involve valuation of assets, appointments of executors or administrators, and transfers of titles or ownership. Disputes between heirs or questions of legitimacy can lead to court involvement.

Pärandumine also encompasses related administrative tasks, such as inventorying assets, resolving claims from creditors, and ensuring lawful transfer of ownership. The specifics can vary based on the presence of a will, the composition of the estate, and any competing claims among heirs.