Family

Inheritance in Estonia

Succession rules, wills, and estate administration

Types of Succession [PAS]

Testamentary Succession

Based on the deceased's will

  • Will takes priority over legal succession
  • Testator can distribute assets as they wish
  • Must respect compulsory portions
  • Can include conditions and legacies

Legal Succession

When there is no valid will

  • Assets distributed by law to relatives
  • Follows strict order of succession
  • Surviving spouse always inherits
  • Closer relatives exclude more distant ones

Order of Legal Succession [PAS]

1

First Order: Descendants

Children, grandchildren, and their descendants. Spouse inherits equally with children.

Example: If deceased had 2 children and a spouse, each inherits 1/3.
2

Second Order: Parents & Siblings

If no descendants exist. Parents and their descendants (siblings, nieces, nephews).

Condition: Only if there are no first order heirs.
3

Third Order: Grandparents

Grandparents and their descendants (aunts, uncles, cousins).

Condition: Only if there are no first or second order heirs.
4

State as Final Heir

If no relatives exist in any order, the estate goes to the Estonian state.

Surviving Spouse's Rights [PAS]

Spouse's Share

  • With descendants: Equal share with each child
  • Without descendants, with parents: Half of estate
  • Without descendants or parents: Entire estate

Additional Rights

  • Right to Home: Can continue living in marital home
  • Household Items: Keeps household goods beyond inheritance share
  • Maintenance: Support from estate for 3 months after death

Making a Will [PAS]

Types of Wills in Estonia

Notarial Will (Recommended)

  • Made at a notary's office
  • Registered in succession register
  • Most secure - difficult to challenge
  • Notary ensures legal requirements met

Handwritten Will

  • Entirely written by hand by testator
  • Must include date and signature
  • No witnesses required
  • Can be kept at home (risk of loss)

Witnessed Will

  • Signed in presence of 2 witnesses
  • Witnesses must be present together
  • Witnesses must also sign
  • Cannot leave anything to witnesses
Compulsory Portion (Forced Heirship) [PAS]

Estonian law protects certain relatives from complete disinheritance. They are entitled to a compulsory portion even if the will says otherwise.

  • Entitled: Children, spouse, and parents who would inherit under legal succession
  • Amount: Half of what they would receive under legal succession
  • Exception: Can be reduced or denied if heir is unworthy (e.g., crime against testator)
Example: If a child would inherit €100,000 under legal succession but is disinherited by will, they can still claim €50,000 as compulsory portion.

Probate Process (Succession Proceedings) [PAS]

1

Register Death

Death must be registered with Vital Statistics Office within 3 days.

2

Open Succession Proceedings

Any potential heir contacts a notary. Notary checks succession register for will.

3

Identify Heirs

Notary publishes notice in official gazette. Unknown heirs have 1 month to come forward.

4

Accept or Renounce

Heirs have 3 months to decide. Silence = acceptance. Renunciation must be notarized.

Certificate of Succession

Notary issues certificate listing all heirs and their shares. Used to transfer assets.

Costs of Inheritance

ServiceCost
Inheritance Tax€0 (No tax)
Succession proceedings (notary)€100-500
Certificate of succession~€10-30
Real estate registrationState fee €10-50
Vehicle re-registration~€50

Notary fees depend on estate value and complexity. State fees are fixed.

Renouncing Inheritance [PAS]

Deadline

3 months from learning of the inheritance. After this, inheritance is automatically accepted.

Effect of Renunciation

  • You receive nothing from the estate
  • You're not responsible for deceased's debts
  • Your share passes to your descendants (if any)
  • Renunciation is irrevocable

Digital Inheritance

Estonia's digital infrastructure means many assets are digital. Plan for these in your will:

  • e-Residency: Digital ID cannot be inherited, but company assets can
  • Digital Signing: Digital signatures on documents remain valid
  • Cryptocurrency: Include access info in secure will or letter
  • Online Accounts: Designate a digital executor for online assets

Related Guides

Official Sources

Sources