pärimisõigus

Pärimisõigus is the set of legal rules that govern how the estate and obligations of a deceased person are transferred to the heirs. It is a branch of civil law and, in Estonia, is primarily regulated by the Pärimisseadus. The concept covers both testamentary dispositions, where the deceased directs the distribution, and the rules of intestate succession, where no valid will exists.

When a person dies, the estate may pass according to a will if one is validly made. A will allows the deceased to designate how assets, liabilities, and specific bequests should be allocated among chosen recipients. If there is no will, or parts of the estate are not covered by it, the distribution occurs according to statutory succession rules. These rules determine who inherits and in what shares, taking into account the relationships of the heirs to the deceased.

Heirs are typically grouped by close relationship. Commonly, the surviving spouse and children or other descendants are prioritized, with more distant relatives such as parents or siblings following if closer heirs are absent. Many legal systems, including those influenced by civil-law traditions, provide some protections that guarantee a minimum share for certain close relatives or a surviving spouse, limiting the extent to which the deceased can dispose of all assets through a will.

The practical process involves opening the succession, identifying and valuing the estate, settling debts and taxes, and distributing the remainder among the heirs. Administrators or executors may be appointed, and disputes may be resolved in court if disagreements arise between potential heirs or regarding the interpretation of a will. Cross-border estates may involve additional rules under international or EU succession law.