Best Estate Planning Lawyers in Marijampolė

About Estate Planning Law in Marijampolė, Republic of Lithuania

Estate planning in Marijampolė operates under the national legal framework of the Republic of Lithuania. It focuses on how your assets will be managed during incapacity and transferred after death, including through wills, gifts, marital property arrangements, beneficiary designations, and inheritance procedures. Most practical steps are handled locally with notaries and registries in or near Marijampolė, while court involvement is usually only needed for disputes or special approvals. If you have cross-border connections, the European Union Succession Regulation may apply, which can influence which country’s law governs your estate.

Key players in Lithuanian estate planning include notaries, who certify wills and oversee inheritance cases, the State Enterprise Centre of Registers, which records rights in real estate and other registries, and the courts for disputes or deadline extensions. Planning ahead with a clear will, proper marital property agreements, and powers of attorney helps reduce delays, costs, and family conflict.

Why You May Need a Lawyer

You may need a lawyer in Marijampolė for several common situations. If you want to make a will that clearly reflects your wishes and complies with Lithuanian law, a lawyer can draft and coordinate the notarial formalities. If you own real estate, a business, or agricultural land, or if you have family members from previous relationships, professional planning can prevent unintended results and disputes. If you or your family have ties to other countries, a lawyer can advise on the EU Succession Regulation, choice of law, and recognition of foreign documents.

Legal help is also useful when handling inheritances, especially if there are multiple heirs, debts, missing documents, or a risk of conflict. A lawyer can represent you before the notary, coordinate with the Centre of Registers, and prepare filings to accept or renounce an inheritance within deadlines. If you wish to protect vulnerable family members, you may need tailored solutions such as guardianship or trusts-equivalent structures available under Lithuanian law, as well as careful use of lifetime gifts that respect compulsory shares.

If a dispute arises over the validity of a will, distribution of property, valuation of assets, or the compulsory portion of a forced heir, legal representation becomes crucial to protect your rights and to navigate mediation or court proceedings.

Local Laws Overview

Succession law is set out mainly in the Civil Code of the Republic of Lithuania. Inheritance begins on the date of death and is usually administered by a notary located where the deceased last resided, which for residents of Marijampolė means a local notary will typically open the succession case. Heirs generally have three months from the date of death to accept or renounce the inheritance by filing a statement with the notary. Courts may extend the deadline in justified cases.

Wills are most commonly executed before a notary. Lithuanian law recognizes notarial wills and certain exceptional forms in limited circumstances. Notaries register wills in the central register, which helps ensure a will can be found after death. A clear, legally compliant will usually speeds up the process significantly.

Forced heirship applies. Certain close relatives have a right to a compulsory share even if the will provides otherwise. Typically, minor or disabled children, a disabled spouse, and disabled parents have a right to receive a portion of the estate that cannot be taken away. The scope and calculation of this compulsory share depend on circumstances, and a lawyer or notary can advise on current thresholds and proof requirements.

Marital property matters. Property acquired during marriage is typically considered joint marital property unless a marital agreement provides for a different regime such as separation of property. In practice, the surviving spouse’s share of marital property is separated first, and only the deceased’s share passes through inheritance. Prenuptial or postnuptial agreements are enforceable if properly executed and can simplify succession.

Debts of the deceased are settled from the estate. Heirs who accept an inheritance also accept responsibility for the deceased’s debts up to the value of the inherited property. Inheritance certificates are issued by the notary after the acceptance period and are used to register title to real estate and other assets in the Centre of Registers.

Taxes are limited in scope. Lithuania does not impose a separate inheritance tax in the traditional sense. Inheritances are generally not subject to personal income tax for close relatives, but tax treatment can vary for non-relatives and for specific asset types. Always confirm with the State Tax Inspectorate and a tax advisor for current rules and thresholds.

Cross-border estates often follow the EU Succession Regulation. As a rule, the law of the country of the deceased’s habitual residence applies to the entire estate unless the deceased chose the law of their nationality in a will. The European Certificate of Succession may be used to prove heirship across EU countries. This is particularly relevant for Marijampolė residents who own property abroad or are foreign nationals living in Lithuania.

Frequently Asked Questions

What should I do first after a family member dies in Marijampolė

Obtain the death certificate from the local Civil Registry Office, then contact a notary where the deceased last resided to open the inheritance case. Heirs should decide whether to accept or renounce the inheritance and file the appropriate statement within three months. Gather documents such as the will if any, IDs, marriage certificate, property titles, loan documents, and bank statements.

How do I make a valid will in Lithuania

The safest way is to visit a notary in or near Marijampolė with your identification and a clear list of assets and beneficiaries. The notary will prepare and certify the will and register it in the central system. This form is widely recognized and reduces the risk of challenges or technical defects.

Can I disinherit a child or my spouse

Not completely if they qualify as forced heirs under Lithuanian law. Minor or disabled children, a disabled spouse, and disabled parents may be entitled to a compulsory share of the estate. Planning must account for these rights. A lawyer can help you structure gifts and bequests that respect compulsory shares while achieving your goals.

What happens if there is no will

Intestate succession rules apply. The Civil Code sets an order of heirs by classes, starting with the spouse and children, then parents and siblings, and so on. The notary determines the heirs according to law and issues an inheritance certificate once the acceptance period has passed.

How long does the inheritance process take

The minimum period is often just over three months because heirs have three months to accept. If documents are in order and there are no disputes, the notary can issue certificates shortly after that. Complex cases with real estate, foreign assets, or disputes can take longer.

Are foreign wills recognized in Lithuania

Yes, foreign wills can be recognized if they meet applicable conflict-of-law rules and formal validity standards. Under the EU Succession Regulation and international private law principles, a will valid where it was made or under the law chosen by the deceased may be accepted. A Lithuanian notary or court may require translations and apostilles or legalization.

Do heirs pay the deceased’s debts

Heirs who accept the inheritance are responsible for debts up to the value of the inherited property. Creditors are paid from the estate before distribution. Proper inventories and documentation help protect heirs against claims exceeding the estate’s value.

Can I nominate a guardian for my minor children in my will

Yes. You can express your preference for a guardian in your will. While a court ultimately confirms guardianship based on the child’s best interests, your nomination carries significant weight and guides the process.

How do marital property agreements affect inheritance

Marital agreements can establish separation of property or modify the default joint property regime. On death, the spouse’s share is calculated according to the agreement, and only the deceased’s share goes to heirs. Clear agreements can reduce disputes and expedite the notary’s work.

What if assets are located outside Lithuania

You may need parallel steps in each country where assets are located. The EU Succession Regulation helps coordinate across EU member states. A lawyer can help obtain a European Certificate of Succession or arrange foreign probate documents, and ensure property rights are properly registered in each jurisdiction.

Additional Resources

Lithuanian Chamber of Notaries - for locating notaries and understanding notarial procedures for wills and inheritance. State Enterprise Centre of Registers - for registering real estate and other property rights after inheritance. State Tax Inspectorate - for guidance on tax treatment of inheritances and gifts. Marijampolė Civil Registry Office - for death certificates and related civil status records. Marijampolė District Court - for inheritance disputes, deadline extensions, and guardianship matters. Migration Department - for residency and citizenship documents relevant to cross-border succession. National Land Service - for matters involving agricultural or rural land.

Next Steps

Clarify your objectives. Decide who should receive your assets, who should act as executor, and who should be guardian for minor children. Make a list of assets and liabilities, including real estate, bank accounts, business interests, vehicles, life insurance, and digital assets.

Consult a local professional. Contact a notary or an estate planning lawyer in Marijampolė to review your situation. If you have foreign assets or nationality ties, mention them early so your documents align with the EU Succession Regulation and any choice-of-law you wish to make.

Prepare and sign key documents. Arrange a notarial will, consider a marital property agreement if appropriate, and set up powers of attorney for property and health matters. Keep originals in a secure place and inform a trusted person how to find them.

Coordinate registrations and beneficiaries. Ensure real estate, company shares, and bank accounts are titled correctly. Review beneficiary designations on insurance and pensions so they match your plan.

Review regularly. Revisit your plan after major life events such as marriage, divorce, birth of a child, acquisition of property, or a move across borders. Update documents to reflect changes in law or family circumstances.

If a death has already occurred, act quickly. Obtain the death certificate, contact a local notary to open the succession case, and file acceptance or renunciation of inheritance within the three-month period. Gather all relevant documents and seek legal help if there are unusual assets, debts, or potential disputes.

This guide provides general information only. For advice tailored to your situation in Marijampolė, consult a qualified Lithuanian estate planning lawyer or notary.