Best Probate Lawyers in Skuodas

About Probate Law in Skuodas, Republic of Lithuania

Probate in Lithuania is the legal process of confirming who inherits a deceased person’s assets and who is responsible for their obligations. In practice, probate is a notarial procedure, not a court trial, unless there is a dispute. If the deceased last lived in Skuodas or the surrounding district, the inheritance case is opened with a notary who has territorial jurisdiction for Skuodas. The notary collects applications from heirs, checks whether there is a will, safeguards the estate if needed, and issues the certificate of inheritance that allows heirs to take title to property.

The process is governed by the Lithuanian Civil Code and related laws. Most cases are straightforward when heirs apply on time, present required documents, and agree on distribution. Disagreements about a will, heir status, or asset division can require court involvement. If the estate includes real estate, company shares, or cross-border elements, additional steps apply.

Why You May Need a Lawyer

A lawyer can help you avoid missed deadlines, incomplete filings, or preventable disputes. Legal support is especially valuable in these situations:

- You are unsure how to accept or renounce the inheritance within the legal term.

- There is a will and someone wants to contest its validity.

- A spouse, minor child, or disabled family member may have a reserved share that must be protected.

- The estate includes real estate, farmland, a family business, company shares, or significant debts.

- Several heirs disagree about valuation or distribution of assets.

- You live abroad and need to handle probate remotely, including translations and apostilles.

- The deadline to accept the inheritance has passed and you must restore it.

- There are cross-border issues, for example the deceased lived or owned property in another EU country and you need to apply EU rules or obtain a European Certificate of Succession.

- You need guidance on inheritance tax, notary tariffs, and registration fees.

Local Laws Overview

Opening the case and deadlines. The inheritance opens at the moment of death. Heirs generally have 3 months from the date of death to submit an application to accept or renounce the inheritance. The case is opened with a notary who has territorial jurisdiction based on the deceased’s last place of residence. If you miss the term, a court may restore it for important reasons, or all heirs who accepted the estate can consent to your late acceptance.

Notary’s role. The notary checks the Civil Registry records, the Register of Wills, and other registers, accepts applications from heirs, takes measures to protect the estate if necessary, and issues the certificate of inheritance when the legal conditions are met. Applications can often be initiated online through national e-notary systems with qualified e-signatures, but the case is still tied to the competent notarial district.

Wills and intestacy. If there is a valid will, the estate is distributed according to it, subject to the reserved share rules. If there is no will, the Civil Code sets the order of heirs. In general, the first in line are the children of the deceased and the surviving spouse. If there are none, parents and the surviving spouse inherit. If there are no such heirs, succession passes to siblings and grandparents, then to more distant relatives. If there are no heirs, the estate passes to the state.

Reserved share. Certain close family members are entitled to a reserved share even against the terms of a will. Typically this includes minor or disabled children, the disabled spouse, and sometimes dependent parents. The reserved share is usually at least half of the statutory share that person would receive under intestacy. A lawyer can calculate the correct shares for your situation.

Spousal and marital property. Before inheritance is divided, the notary determines the surviving spouse’s share in joint marital property under family property rules. Only the deceased’s share of joint assets becomes part of the estate. Any prenuptial or marital property agreement will be taken into account.

Debts and liabilities. Heirs who accept an inheritance also accept the deceased’s debts, typically up to the value of the inherited property. The notary may require information about loans, taxes, and utility arrears. If debts exceed assets, discuss options with a lawyer before accepting.

Taxes and fees. Lithuania applies inheritance tax under the Law on Inheritance Tax. Close relatives such as a spouse, children, parents, grandparents, grandchildren, and often siblings are exempt. Others may owe tax at rates that depend on the taxable value, commonly 5 percent up to a statutory threshold and 10 percent above that threshold. Notary and registry fees also apply and are usually linked to the value and type of assets. The State Tax Inspectorate provides assessments, exemptions, and payment procedures.

Registration after probate. After the notary issues the certificate of inheritance, heirs must register ownership changes. Real estate is registered with the State Enterprise Centre of Registers. Vehicles are registered with the national vehicle registration authority. Certain assets like agricultural land or company shares may require additional filings or approvals.

Cross-border estates. The EU Succession Regulation applies to deaths on or after 17 August 2015. As a rule, the law of the deceased’s habitual residence applies, unless the deceased lawfully chose the law of their nationality. A European Certificate of Succession can be issued to evidence heir status across EU countries. Cross-border issues are common near Skuodas due to proximity to Latvia and require careful planning.

Frequently Asked Questions

What is probate and who handles it in Skuodas

Probate is the process of confirming heirs and transferring the deceased’s assets and obligations. In Lithuania, a notary conducts probate. If the deceased last lived in Skuodas or the Skuodas district, the case is opened with a notary serving that territory. Courts become involved if there is a dispute or if deadlines must be restored.

How long do I have to accept or renounce an inheritance

You generally have 3 months from the date of death to submit a written application to a competent notary. If you miss this term, you can ask the court to restore it for important reasons, or obtain written consent from all heirs who have already accepted the estate, which the notary may rely on.

Where do I open the inheritance case

The case is opened with a notary having jurisdiction over the deceased’s last registered place of residence. If the deceased last lived in Skuodas, you choose a notary within that notarial district. Online initiation is often possible, but the case must be registered with the correct district.

What documents will I need

Common documents include the death certificate, your identity document, documents proving kinship or marriage, the original will if any, property ownership documents and valuations, bank or investment statements if available, and details about any debts. If documents are in a foreign language, provide certified Lithuanian translations and, if applicable, an apostille or consular legalization.

Who inherits if there is no will

The Civil Code sets the order of heirs. In general, children and the surviving spouse inherit first. If there are none, parents and the surviving spouse inherit. Next are siblings and grandparents, then more distant relatives. If there are no heirs, the estate goes to the state. Exact shares depend on the class of heirs involved.

What is the reserved share and who gets it

The reserved share protects close family members regardless of a will. Minor or disabled children and, in many cases, a disabled surviving spouse and dependent parents are entitled to at least half of their statutory share even if a will provides otherwise. Ask a lawyer for calculations that match your family’s situation.

Am I responsible for the deceased’s debts

If you accept the inheritance, you also accept liabilities, typically up to the value of what you inherit. Inform the notary about known debts. If debts appear to exceed assets, seek legal advice before accepting. In some cases, measures can be taken to protect the estate pending clarification of liabilities.

Do I have to pay inheritance tax

Close relatives such as a spouse, children, parents, grandparents, grandchildren, and often siblings are exempt. Other heirs may owe 5 percent or 10 percent depending on the taxable value of what they inherit and statutory thresholds. The State Tax Inspectorate calculates and collects the tax. Notary and registration fees also apply.

How are a married couple’s assets handled

Before inheritance is divided, the notary determines the surviving spouse’s share in joint marital property. Only the deceased’s share in joint assets enters the estate. Prenuptial or marital agreements are taken into account. After this, the remaining estate is divided among heirs according to a will or the law.

What if there are assets or heirs abroad

Cross-border estates are handled under Lithuanian law and, where applicable, the EU Succession Regulation. You may need foreign documents, apostilles or legalizations, and certified translations. A European Certificate of Succession can help prove your status in other EU countries. If you live abroad, you can often submit applications through e-notary systems or by authorizing a representative in Lithuania.

Additional Resources

Lithuanian Chamber of Notaries and the national e-notary system for locating a competent notary and submitting applications.

State Tax Inspectorate for inheritance tax obligations, exemptions, declarations, and payment procedures.

State Enterprise Centre of Registers for registering inherited real estate and updating ownership records.

National vehicle registration authority for transferring ownership of inherited vehicles.

Skuodas Municipality Civil Registry Office for death certificates and civil status records needed for probate.

State Guaranteed Legal Aid Service for information about eligibility for state funded legal assistance.

Local district court serving Skuodas for disputes, term restoration, and will challenges when court action is required.

Next Steps

Confirm the deceased’s last registered place of residence to identify the competent notarial district in Skuodas.

Collect essential documents. This includes the death certificate, identity documents, proof of kinship or marriage, any will, and available property records. Arrange certified translations and apostilles if documents are issued abroad.

Contact a notary serving Skuodas to open the inheritance case and file your acceptance or renunciation within 3 months of death. Ask about online filing options if you are abroad.

Discuss taxes and fees. Ask the notary about notarial tariffs and filing costs. Contact the State Tax Inspectorate regarding inheritance tax status, exemptions, and payment deadlines.

Protect the estate if needed. If property is at risk or debts are unclear, request that the notary take protection measures and seek legal advice before making binding decisions.

If conflicts exist or the estate is complex, retain a lawyer. A local probate lawyer can protect reserved shares, handle negotiations, and represent you before the notary or court.

After the notary issues the certificate of inheritance, register title changes with the Centre of Registers for real estate and with the vehicle registration authority for vehicles. Update banks, insurers, and other institutions.

If you missed the deadline, act quickly. Consult a lawyer about applying to court to restore the term or obtaining consents from other heirs for late acceptance.

Keep records. Maintain copies of all filings, certificates, receipts, and communications for your files and for any future transactions involving the inherited assets.