Best Probate Lawyers in Marijampolė

About Probate Law in Marijampolė, Republic of Lithuania

Probate in Marijampolė is the formal legal process for recognizing heirs, administering the estate of a deceased person, and transferring assets in accordance with a will or the rules of intestacy. In Lithuania, probate is handled primarily by notaries rather than a court. The process typically begins with opening an inheritance case at a notary office that is competent for the deceased person’s last registered place of residence. Heirs must usually declare acceptance of the inheritance within three months from the date of death. The notary verifies whether a valid will exists, identifies the heirs, addresses creditor claims, and issues a certificate of the right to inherit, which is then used to register ownership changes in public registers. If a dispute arises, such as a challenge to a will or a disagreement among heirs, the matter can be taken to court. Marijampolė residents follow the same national rules that apply across the Republic of Lithuania, with local notaries and courts serving the area.

Why You May Need a Lawyer

While many straightforward estates can be completed with the guidance of a notary, a lawyer can be important when legal issues become complex. Situations that often benefit from legal help include missing the three month acceptance deadline, locating or contesting a will, interpreting unclear testamentary provisions, disputes among heirs over shares or specific assets, protecting the compulsory share of protected heirs, handling estates with significant debts, arranging inventory to limit heir liability, estates that include a family business or complicated marital property, and any cross border element such as assets in multiple countries or heirs living abroad. A lawyer can also assist with applications to restore missed deadlines, represent you in court if a will is challenged, coordinate valuations and tax matters, and prepare or review settlement agreements among heirs to prevent future disputes.

Local Laws Overview

Probate in Marijampolė is governed by national law, chiefly the Civil Code of the Republic of Lithuania, Book Five on inheritance, and the Law on Notaries. Inheritance is by will or by law. If there is a valid will, it normally prevails, subject to the compulsory share rules. If there is no will, heirs are determined by statutory order of succession, with descendants and the spouse usually inheriting first. The notary is competent based on the deceased person’s last registered residence. If the last residence is unclear, competence may be based on the location of major assets such as immovable property. The general deadline to accept an inheritance is three months from the date of death. Acceptance is made by submitting an application to a notary. If the deadline is missed, a court can restore the term for valid reasons. Before the estate is distributed, the notary manages formal notifications and may publish a notice for creditors. Heirs can request an estate inventory, and if statutory conditions are met, an heir’s liability for the deceased person’s debts can be limited to the value of inherited property. Certain heirs have a compulsory share even if a will provides otherwise. Typically, minor or disabled children, a surviving spouse, and dependent parents are protected. The compulsory share is calculated as a portion of what a protected heir would receive under intestacy, often one half of that share, unless the court decides otherwise under specific circumstances allowed by law.

Wills must meet formal requirements. Notarial wills and secret wills deposited with a notary are recognized. Notaries check the national register to see if a will has been made or revoked. Testators can appoint an executor of the will, and where necessary the notary can arrange administration measures to protect estate assets. At the close of the process, the notary issues a certificate of the right to inherit. For real estate and other registered property, changes are recorded with the State Enterprise Centre of Registers. In cross border cases, Regulation EU No. 650-2012 on succession may apply, and Lithuanian notaries can issue a European Certificate of Succession to evidence heirship across participating EU states. Inheritance tax rules are national. Close relatives, as defined by Lithuanian tax law, are generally exempt, while other heirs may be taxed at rates that depend on the value of what is inherited. Notary fees are set by the official tariff and usually depend on the value and complexity of the estate.

Frequently Asked Questions

Who handles probate in Marijampolė and where do I start

Notaries handle probate in Lithuania. You start by contacting a notary office competent for the deceased person’s last registered residence in or near Marijampolė. The notary opens the inheritance case, checks for any will in the national register, and guides heirs through acceptance and documentation.

What is the deadline to accept the inheritance and can it be restored

The general deadline is three months from the date of death. Acceptance is made by filing an application with the notary. If you miss the deadline, you can ask a court to restore the term if you have valid reasons such as not knowing about the death or being seriously ill. A notary cannot restore the term without a court decision.

How do I choose the competent notary in Marijampolė

Competence is usually based on the deceased person’s last registered place of residence. You may contact any notary office in the relevant notarial district covering Marijampolė. If the last residence is unknown, the notary can determine competence based on the location of principal assets, such as real estate.

What documents will I need to provide

Common documents include the death certificate, your identity document, proof of kinship such as birth or marriage certificates, any will or information about a will, and evidence of assets and liabilities such as land register extracts, vehicle registrations, bank statements, and loan agreements. Foreign documents generally require an apostille or legalization and a certified translation into Lithuanian.

What happens if there is no will

The estate passes by law under the Civil Code. Heirs are called in statutory order, with descendants and the spouse usually inheriting first, followed by other relatives if there are no heirs of the previous class. The notary verifies the class of heirs and their shares.

What is the compulsory share and who has it

The compulsory share protects certain heirs regardless of the will’s content. Typically, minor or disabled children, a surviving spouse, and dependent parents have a right to a compulsory share that is calculated as a portion of what they would receive under intestacy, often one half of that share. The court may adjust in limited circumstances set by law.

How are the deceased person’s debts handled and can I limit my liability

Debts are paid from the estate before distribution to heirs. Creditors can submit claims within the probate process. Heirs may request an estate inventory, and if statutory conditions and deadlines are met, liability for debts can be limited to the value of inherited assets rather than extending to personal property.

How long does probate usually take in Marijampolė

Simple cases can be completed within a few months, often after the three month acceptance period expires and documents are gathered. Complex estates, disputes, missing documents, asset valuations, or court proceedings can extend the timeline significantly.

Will I have to pay inheritance tax in Lithuania

Inheritance tax depends on your relationship to the deceased and the value of what you inherit. Close relatives as defined by Lithuanian tax law are generally exempt. Other heirs may be taxed at rates that depend on the value of inherited property. The notary or a tax adviser can help determine if any tax applies and how to report it to the State Tax Inspectorate.

How are cross border estates handled

For international estates, Regulation EU No. 650-2012 may apply to deaths after 17 August 2015. The default law is usually that of the deceased person’s last habitual residence, unless a valid choice of law was made to apply the law of their nationality. Lithuanian notaries can issue a European Certificate of Succession to help heirs prove their status in other EU countries that apply the Regulation.

Additional Resources

Notary offices serving the Marijampolė notarial district can open inheritance cases and advise on the documents you need. The Lithuanian Chamber of Notaries provides professional standards and oversees the notarial system. The State Enterprise Centre of Registers records changes of ownership for real estate and other registered assets once a certificate of the right to inherit is issued. The State Tax Inspectorate can explain whether inheritance tax applies and how to file returns. The Civil Registry Office of Marijampolė Municipality issues death, birth, and marriage certificates needed for probate. The State Guaranteed Legal Aid Service can inform you about eligibility for government funded legal help if you meet income or vulnerability criteria. If disputes arise, the local district court with territorial jurisdiction over Marijampolė handles inheritance litigation.

Next Steps

Record the date of death and note the three month acceptance deadline. Gather key documents such as the death certificate, proof of kinship, and asset records. Contact a notary office competent for Marijampolė to open the inheritance case and to check whether a will exists in the national register. Discuss with the notary whether an estate inventory is appropriate and how to handle creditor notifications. If you face a tight deadline, are abroad, or expect disagreements among heirs, consult a lawyer early to protect your rights, assess compulsory share issues, and plan any court applications, including restoring missed deadlines if necessary. Once the notary issues the certificate of the right to inherit, register ownership changes with the Centre of Registers and address any tax reporting. Keep copies of all filings and decisions, and coordinate with co heirs to complete transfers or sales smoothly.