Inheriting property in Estonia as a foreign heir

By Ero Liivik, lawyer (jurist) at Erovik Law Office · Updated 2 November 2026

In Estonia an estate is normally settled by a notary in succession proceedings, not by a court. The rule that surprises most foreign heirs is that silence means acceptance. If you do not renounce within three months of learning about the death and your right to inherit, you are treated as having accepted, debts included. So if an inheritance involves Estonia, find out about the estate early and decide before the deadline.

Key points

• A notary, not a court, runs the succession proceedings and issues the certificates.
• You have three months to renounce; if you do nothing, you are deemed to have accepted.
• An heir who accepts is liable for the deceased’s debts, even with their own assets, unless there is an inventory or an estate bankruptcy.
• Under EU rules, the deceased’s last habitual residence generally decides which authorities and which law apply.
• A compulsory portion exists only for close relatives whom the deceased had to maintain and whom a will left out or gave less.

How succession proceedings work in Estonia

The estate opens on the day of death at the deceased’s last residence and passes to the heirs at that moment, although they can still renounce (Law of Succession Act (PärS) §§ 3–4). An Estonian notary runs the succession proceedings (pärimismenetlus) where the EU Succession Regulation gives Estonia jurisdiction, typically because the deceased last lived in Estonia (PärS § 165).

Any heir, creditor or legatee can start the proceedings with a notarised application to a notary. The succession register ensures that only one notary handles each estate. The Chamber of Notaries lists all notaries. The notary:

• checks the succession register, and foreign registers where needed, for wills and succession contracts;
• asks registers and banks in Estonia about the deceased’s assets and debts (banks must answer within ten working days), including the surviving spouse’s where the couple had joint property (PärS § 167);
• publishes a notice in the official publication Ametlikud Teadaanded within two working days and informs the known heirs;
• issues the certificate of succession (pärimistunnistus) with each heir’s share once the heirs’ rights are proven, but not earlier than one month after the notice (PärS § 171).

Notary fees are set by the Notary Fees Act (NotTS) and are mainly paid by the heirs. If the heirs are unknown or absent, the court can protect the estate, for example by appointing an estate administrator.

Which country’s law applies?

For deaths on or after 17 August 2015, the EU Succession Regulation (650/2012) aims for a single law and a single authority for each estate. As a rule, the authorities and the law of the country where the deceased last had their habitual residence apply, unless the deceased chose the law of their nationality. Denmark and Ireland do not take part.

So if a Finnish citizen lived in Tallinn, Estonian law will usually apply to the whole estate, unless they chose Finnish law. If someone who lived in Germany owned a flat in Tallinn, the estate is as a rule dealt with in Germany. Estonia recognises foreign certificates of succession in line with the Regulation, and heirs can also prove their rights here with a European Certificate of Succession (PärS § 165). Where the Regulation does not apply, for example to a certificate from outside the EU, Harju County Court can recognise it if it is comparable to an Estonian one.

Who inherits: legal heirs and wills

A succession contract takes priority over a will, and both over the statutory rules. Without a valid will or contract, the heirs are the spouse or registered partner and relatives in three orders. First come the descendants, with grandchildren taking the place of a child who died earlier. Next come the parents and their descendants, then the grandparents and their descendants. A later order inherits only if there is nobody in the earlier ones.

Alongside descendants, the surviving spouse receives a child’s share, but at least one quarter. Alongside parents or their descendants, the spouse receives half. If there are no relatives in the first or second order, the spouse inherits everything (PärS § 16). A spouse loses the right to inherit by law if the deceased had filed for divorce in court or consented to the divorce in writing. Under the joint property regime, only the deceased’s share of the joint property belongs to the estate (Family Law Act (PKS) § 39); our divorce guide explains the regimes.

A will can be notarial or home-made. A home-made will must be dated and either signed in front of two witnesses or written entirely by hand and signed. It loses validity if the testator is still alive six months after making it (PärS § 25).

Accepting or renouncing: the three-month rule

The deadline to renounce is three months from when you learned, or should have learned, of the death and of your right to inherit (PärS § 119). If you do not renounce in time, you are deemed to have accepted (PärS § 118). You renounce by a declaration certified by a notary. Any Estonian notary can certify it and forward it to the notary handling the case.

• The decision is final, and partial or conditional acceptance or renunciation is void. A court can annul it only on narrow grounds.
• If you missed the deadline for a good reason, the notary may extend it if the other heirs do not object; otherwise a court decides.
• Before deciding, you may get information about the estate and any will from the notary and others holding the assets.
• If you renounce, your share goes to whoever would have inherited had you died first, often your own children. They then have their own deadline (PärS § 124). A parent renouncing for a minor child in that situation needs no court consent (PKS § 131).

Where Estonian law requires notarial certification, a foreign official’s certification with an apostille is generally not enough (Notarisation Act (TõS) § 56). However, a power of attorney certified by certain foreign officials, with an apostille or legalisation where required, is treated like an Estonian notarised one (TõS § 57). EU rules may also allow a declaration in your EU country of residence; ask the Estonian notary first.

Debts of the deceased and how to limit your liability

When you accept, the deceased’s rights and obligations pass to you. If the estate is not enough, you must pay the debts from your own assets. The exceptions are an inventory followed by payment in the statutory order, and bankruptcy proceedings for the estate (PärS § 130).

• Inventory (pärandi inventuur). An heir can ask the notary for an inventory. A notarised request is still possible within three months of learning facts suggesting that the estate will not cover the debts (PärS § 137). A bailiff (kohtutäitur) carries it out, normally within two to three months, and creditors have one month to report claims. Afterwards your liability is limited to the value of the estate (PärS § 143).
• Estate bankruptcy. If the estate cannot cover the priority costs and creditors’ claims, and you will not pay them yourself, you must apply to the court within three months of learning this. Your liability is then limited to the estate.
• Heirs with restricted capacity. An inventory is mandatory if an heir is a minor or otherwise has restricted legal capacity. A legal representative who fails to request it is personally liable for debts the estate cannot cover.
• Order of payment. After an inventory, funeral and similar costs come first, then creditors, then legacies; favouring one creditor can make you liable.

The compulsory portion

The compulsory portion (sundosa) is narrower than many foreigners expect. A descendant, parent, spouse or registered partner can claim it only if two conditions are met. First, the deceased owed them maintenance under the Family Law Act at the time of death. Second, a will or succession contract left them out or gave them less than their statutory share (PärS § 104). Typical examples are a minor child or an adult child in education up to the age of 21 (PKS § 97).

The compulsory portion is half the value of the statutory share, and it is a money claim against the heirs. The claim becomes time-barred three years after the person learns of the death and of the disposition affecting them, and at the latest ten years after the death (PärS §§ 105, 109).

Certificates and the land register

For use in other EU countries, Estonian notaries issue the European Certificate of Succession (PärS § 171). Heirs, legatees, executors and administrators can use it in other EU countries without any special procedure. To be entered in the land register (kinnistusraamat) as the owner of inherited property, you prove the succession with the certificate of succession (Land Register Act (KRS) § 36¹). Obtain it before selling or mortgaging.

Disputes between heirs

Co-heirs own the estate together until it is divided. A co-heir cannot sell individual assets alone, but can sell their share of the whole estate by notarised contract; the others then have a two-month pre-emption right.

Heirs divide the estate by agreement. If they disagree, a court divides it at an heir’s request once all heirs are known. An asset that cannot sensibly be divided goes to one heir, who compensates the others; if the heirs cannot agree who gets it, it is sold at auction.

Typical mistakes foreign heirs make

1. Waiting for a notary’s letter: the deadline runs from when you learned, or should have learned, of the death and your right to inherit.
2. Letting three months pass without checking for debts.
3. Renouncing without warning your children, who then become heirs in your place.
4. Signing a renunciation abroad in a form not accepted in Estonia.
5. Paying some creditors yourself before an inventory.

Related guides: Making a will in Estonia, Power of attorney in Estonia and Using a notary in Estonia.

Frequently asked questions

Do I have to travel to Estonia?

Not necessarily. A representative can act for you. But because a renunciation must be notarised, so must the power of attorney for it (General Part of the Civil Code Act (TsÜS) § 118), unless it is certified abroad as described above.

How long do succession proceedings take?

The certificate of succession cannot be issued earlier than one month after the notice is published. An inventory usually adds two to three months, and disputes take longer.

Can I keep the property and leave the debts?

No. Partial or conditional acceptance is void. You can limit your liability through an inventory or bankruptcy of the estate.

How Erovik Law Office can help

The notary runs the proceedings; we help you make the right decisions around them. Ero Liivik, lawyer (jurist) at Erovik Law Office, advises heirs in Estonian or English on accepting or renouncing, estate debts and inventory, compulsory portion claims and disputes between heirs. For disputes over inherited real estate, see also our real estate work.

An initial written legal analysis and action plan costs EUR 120–180. International or urgent matters may get a separate quote, and notary fees, state fees and translations are extra. We advise only on Estonian law. See family and inheritance and our fees, or contact us with the date of death and any notary’s letter; we usually reply within one working day.

This guide reflects Estonian law in force on 1 November 2026. It is general information, not legal advice for your situation.