Best Probate Lawyers in Marijampolė

About Probate Law in Marijampolė, Republic of Lithuania

Probate in Marijampolė is the legal process for handling a deceased person’s estate under Lithuanian law. In Lithuania, most inheritance matters are handled by notaries rather than courts. A notary opens an inheritance case, verifies heirs and creditors, and issues a certificate of inheritance that allows transfer of the deceased’s assets to the heirs. If there is a dispute or a missed deadline that needs restoration, the matter may go to court. The process follows the Civil Code of the Republic of Lithuania and applies equally in Marijampolė municipality and the surrounding region.

Succession can be by a will or by law. If there is a valid will, its instructions are followed subject to compulsory shares for certain family members. If there is no will, the Civil Code sets the order of heirs by law. Generally, heirs have a short deadline to accept or refuse the inheritance and must apply to a notary located in the territorial district of the deceased’s last place of residence. After the notary completes checks and any required notices, a certificate of the right to inherit is issued so heirs can register property, access bank accounts, and complete transfers.

Why You May Need a Lawyer

While many straightforward estates can be completed with a notary’s guidance, a lawyer can be crucial when the situation is complex or contentious. People often seek legal help if they need to interpret or challenge a will, protect a compulsory share for a spouse or child, divide community marital property, handle cross-border estates with assets or heirs in other countries, resolve creditor claims or tax issues, restore a missed acceptance deadline, represent a minor or a person lacking capacity, negotiate among multiple heirs when property division is disputed, or manage estates that include businesses, agricultural land, or significant debts.

A lawyer can also help gather documents, prepare filings for the notary or court, coordinate valuations, ensure compliance with strict deadlines, and protect your financial and family interests throughout the process.

Local Laws Overview

Governing law. Inheritance in Marijampolė is governed by the Civil Code of the Republic of Lithuania, the Law on Notaries, and related regulations. For cross-border estates, the EU Succession Regulation applies to determine jurisdiction and the applicable law, typically based on the deceased’s habitual residence, and allows for a European Certificate of Succession when needed.

Opening the inheritance case. The case is opened with a notary in the territorial district of the deceased’s last declared place of residence. If there is no such place, jurisdiction usually follows the location of the main property. In practice, families in Marijampolė approach a local notary office to start the file known as the inheritance case.

Deadlines to accept or refuse. Heirs generally have 3 months from the date of death or from learning of the inheritance to submit a written statement to a notary either accepting or refusing the inheritance. Missing this deadline can lead to loss of inheritance rights unless restored by a court for an important reason.

Forms of acceptance. Acceptance is typically formal via a statement to a notary. Certain factual actions may show acceptance, but without a notarial certificate heirs cannot register title or access assets. Timely contact with a notary is important even if you are already in possession of property.

Will and will registry. Notaries verify wills through the national will registry. Notarial wills are common. Private wills may exist but must meet strict formalities. A will cannot override compulsory shares owed to certain protected heirs.

Compulsory share. Certain close family members have a right to a compulsory share despite the will. Typically this protects minor or disabled children, a surviving spouse, and in some cases dependent parents. The compulsory share is calculated by law and generally equals part of what the heir would receive under intestate succession.

Intestate succession. If there is no will, the Civil Code sets an order of heirs by classes. Priority generally starts with children and a surviving spouse, followed by parents and a spouse when there are no descendants, and then more distant relatives by subsequent orders. Representation by descendants applies when a closer heir has predeceased.

Marital property. Before inheritance is divided, the notary determines the deceased’s share in community marital property under the default marital regime or under a marital agreement if one exists. Only the deceased’s share then passes to heirs.

Debts and liabilities. Heirs are responsible for the deceased’s debts only up to the value of the inherited property. Creditors usually must file claims within the inheritance case, and notaries publish notices via official systems. Heirs should not distribute assets until creditor claims are settled.

Taxes and fees. Notary fees and registry charges apply. Inheritance received from close relatives may be exempt from personal income tax, while more distant heirs may face tax on inherited assets subject to thresholds and rates set by law. Consult a lawyer or the State Tax Inspectorate for current rules applicable to your situation.

Documents and registration. After the certificate of inheritance is issued, heirs register ownership changes in the Real Property Register through the Centre of Registers, update vehicle records through Regitra, and handle bank and investment accounts. A valuation may be required for tax or notary fee purposes.

Disputes and court. Contested wills, restoration of missed deadlines, disputes among heirs, and challenges to creditor claims are addressed by the courts. In Marijampolė, inheritance disputes are heard by the competent district court.

Frequently Asked Questions

How do I start a probate or inheritance case in Marijampolė?

Contact a notary who serves the Marijampolė territorial district. Bring the death certificate, your identification, documents proving your relationship to the deceased, and any available property records. The notary will open the inheritance case, publish notices if required, and guide you on next steps.

What is the deadline to accept or refuse an inheritance?

The general deadline is 3 months from the date of death or from the date the heir learned about the inheritance. Acceptance or refusal should be filed in writing with the notary. Missing the deadline may cause loss of rights unless the court restores the term based on an important reason such as serious illness or lack of information.

Can I choose any notary in Lithuania?

You must apply to a notary who is competent for the place where the inheritance is opened, usually the deceased’s last declared residence. Within that territorial district you can choose among available notaries. If there is no place of residence in Lithuania, the location of the main assets often determines jurisdiction.

What happens if there is a will?

The notary checks the will against the national registry to confirm validity and the most recent version. The estate is distributed according to the will, subject to compulsory shares owed to protected heirs. If the will is disputed for issues like capacity or undue influence, the court resolves the dispute.

Who inherits if there is no will?

Intestate succession applies. Generally, children and the surviving spouse inherit first, in equal shares per law, with representation for descendants of a predeceased child. If there are no descendants, the spouse and parents may inherit. More distant relatives inherit only if closer classes are absent. Exact shares depend on the Civil Code.

Do I have to pay the deceased’s debts?

Heirs are liable only up to the value of the inherited property. Creditors must file claims within the inheritance case. The notary coordinates notification and claim handling. Heirs should ensure debts and expenses are addressed before dividing or selling assets.

Are there taxes on inherited property?

Close relatives such as a spouse and children are commonly exempt from personal income tax on inherited assets. More distant heirs may face inheritance taxation with rates and thresholds set by law. Separate registry fees and notary tariffs apply. Always confirm current tax rules with the State Tax Inspectorate or a lawyer.

What if I missed the 3-month deadline?

You can ask the court to restore the term if you had an important reason for missing it. If restored, you can then submit your acceptance to the notary. Act promptly, as delay can prejudice your rights and the estate’s administration.

How are the spouse’s and heirs’ shares calculated?

First, the notary determines the deceased’s share of community marital property. That share becomes the estate. Then either the will or the intestacy rules allocate shares among heirs. If compulsory heirs exist, they receive at least their compulsory share, which may reduce testamentary gifts.

How long does probate take in Marijampolė?

Straightforward cases often complete in 3 to 6 months, since the notary typically issues the inheritance certificate after the 3-month acceptance period. Complex estates with disputes, multiple properties, foreign assets, or creditor issues can take longer, especially if court proceedings are needed.

Additional Resources

Lithuanian Chamber of Notaries. Provides information on notarial services, inheritance procedures, and the will registry. Local notary offices in Marijampolė can be identified through the Chamber.

Marijampolė Municipality Civil Registry Office. Issues death certificates and provides civil status records required to open the inheritance case.

Centre of Registers. Manages the Real Property Register and other registries where heirs must record changes of ownership after receiving the inheritance certificate.

State Tax Inspectorate. Advises on tax obligations related to inheritance, valuation, and filing requirements.

State Guaranteed Legal Aid Service. Assesses eligibility for state funded legal assistance for individuals who cannot afford a lawyer.

Regitra. Handles vehicle ownership updates when cars or motorcycles are inherited.

Marijampolė District Court. Handles inheritance disputes, restoration of deadlines, and other court matters related to probate when necessary.

Next Steps

Collect key documents. Secure the death certificate, your identification, proof of relationship such as birth or marriage certificates, any will or codicil, property titles, bank statements, and information about debts. If you cannot locate all documents, a notary or lawyer can help you obtain copies from registries.

Contact a Marijampolė notary. Choose a notary competent for the deceased’s last residence. Open the inheritance case promptly and submit your acceptance or refusal within the 3-month window. Ask the notary about required notices, valuations, and expected fees.

Consult a lawyer when needed. If there is a dispute, a complex property mix, a cross-border element, a potential compulsory share, or a missed deadline, obtain legal advice early. A lawyer can represent you before the notary and the court, protect your rights, and coordinate with tax and registry authorities.

Address debts and expenses. Work with the notary to identify and handle creditor claims and estate expenses before dividing assets. Keep clear records of payments and decisions.

Register inherited assets. After receiving the certificate of inheritance, complete registrations with the Centre of Registers for real estate, with Regitra for vehicles, and with financial institutions for accounts and investments. Confirm any tax filings that may be due.

Keep communication open. Maintain clear communication with co-heirs, the notary, and any involved professionals. Transparent cooperation often shortens timelines and reduces costs.