Best Will & Testament Lawyers in Marijampolė

About Will & Testament Law in Marijampolė, Republic of Lithuania

In the Republic of Lithuania, including Marijampolė, wills and inheritance are regulated by the Civil Code, Book Five Inheritance. A will is a legally binding document by which a person specifies how their property should be distributed upon death. You can choose who inherits, appoint an executor to carry out your wishes, set conditions, and provide for guardianship arrangements for minor children subject to court approval. Although wills are governed by national law, the practical steps are usually handled locally through a notary office in the place of the deceased's last residence. Probate in Lithuania is primarily a notarial procedure rather than a court process unless there is a dispute.

Lithuania recognizes both handwritten wills and notarial wills, and there is a central register where notaries record wills to ensure they are found after death. There are also strict rules protecting certain close relatives who may be entitled to a compulsory share of the estate, even if the will provides otherwise. If you have assets or family ties in more than one country, European Union rules on succession may also be relevant.

Why You May Need a Lawyer

You may need a lawyer if you want to draft a will that clearly reflects your wishes while complying with Lithuanian law. A lawyer can explain options, help structure bequests, appoint an executor, and build in practical safeguards such as substitution clauses if a beneficiary predeceases you. Professional drafting reduces the risk of invalid provisions or later disputes.

Lawyers are especially helpful if you have a blended family, minor or disabled heirs, a family member who may claim a compulsory share, or if you wish to limit or exclude an heir based on legally recognized grounds. Advice is also valuable where there are significant business interests, agricultural land, or family property that may need to be divided or managed after death.

Cross-border situations commonly require legal help. If you are a foreign national living in Marijampolė, if you own property abroad, or if your heirs live outside Lithuania, a lawyer can coordinate your will with EU Succession Regulation rules and any choice of law based on your nationality. They can also align your Lithuanian will with wills held in other countries to avoid conflicts.

After a death, lawyers assist heirs with accepting or renouncing the inheritance, communicating with the notary, handling creditor claims, requesting an inventory to limit liability for debts, and registering ownership changes for real estate and other registrable assets.

Local Laws Overview

Governing law and place: Inheritance is governed by the Civil Code of the Republic of Lithuania. The estate is usually opened at the time of death and handled by a notary in the deceased's last place of residence, such as in Marijampolė.

Who can make a will: Any person with full legal capacity can make a will. As a general rule this means adults aged 18 or older who are not under guardianship. Capacity at the time of signing is essential.

Forms of will: Lithuania recognizes handwritten wills and notarial wills. A handwritten will must be entirely written and signed by the testator and dated. A typed will requires notarization. There is also a form of secret will that a testator prepares and places in a sealed envelope with a notary. Wills made before a Lithuanian consul abroad are treated similarly to notarial wills.

Registration and safekeeping: Notaries register notarial and secret wills in the Central Register of Wills maintained nationally. Handwritten wills may also be deposited with a notary for safekeeping and registration, which helps ensure the will is found when needed.

Compulsory share: Certain close relatives are protected by compulsory share rules. Typically, minor children, adult children who are permanently incapacitated for work, an incapacitated spouse, and incapacitated parents have a right to a portion of the estate regardless of the will. The compulsory share is generally one half of the share they would receive under intestacy. A will cannot defeat these rights unless specific statutory grounds for disinheritance are proven.

Intestacy order: If there is no valid will or a will does not dispose of all property, the Civil Code determines heirs. First in line are children and the spouse. If there are no children, the spouse and parents inherit. Further lines include grandparents and other relatives as provided by law. The spouse's rights are calculated after dividing marital property if applicable.

Executors and guardians: A testator may appoint a testamentary executor to administer the estate. You may nominate a guardian for minor children, subject to approval by child protection authorities and the court based on the best interests of the child.

Revocation and updates: A will can be revoked or replaced at any time by making a new will or by a formal revocation. The most recent valid will normally prevails. It is vital to date every will to avoid uncertainty.

Electronic wills: As of now, electronic or digital wills are not recognized. Paper form with proper signature and, where required, notarization is necessary.

Acceptance of inheritance: Heirs generally have 3 months from the opening of the inheritance to declare acceptance or renunciation with a notary. Acceptance can in certain cases be evidenced by factual actions, but a formal declaration with a notary is strongly recommended.

Inventory and debts: Heirs may accept the inheritance with inventory. In that case, liability for the deceased's debts is limited to the value of the inherited assets. Without inventory, liability rules can be less favorable. Creditors present claims through the notary handling the estate.

Taxes and fees: Lithuania does not impose a general inheritance tax. Notary, translation, and registration fees apply. Real estate and movable property must be re-registered with competent registries after the notary issues certificates of inheritance.

EU cross-border rules: The EU Succession Regulation applies in Lithuania. The default applicable law is that of the deceased's habitual residence at death, but a person may choose the law of their nationality to govern their succession. The European Certificate of Succession can be issued by Lithuanian authorities to prove heir status in other EU states.

Frequently Asked Questions

Do I need a notary to make a valid will in Marijampolė

No, not in every case. A handwritten will is valid if it is entirely written by you, dated, and signed. However, notarial wills provide greater security, are registered in the Central Register of Wills, and reduce the risk of challenges. Typed wills must be notarized to be valid.

Can I exclude my spouse or children from my will

You can choose your beneficiaries, but compulsory share rules protect certain heirs. Minor children, permanently incapacitated adult children, an incapacitated spouse, and incapacitated parents are entitled to a compulsory share, typically one half of what they would receive under intestacy. Excluding a compulsory heir is only possible on specific statutory grounds and is often litigated.

How long do heirs have to accept or renounce the inheritance

The general term is 3 months from the opening of the inheritance. Heirs should file a declaration with the notary in the deceased's last place of residence. A court may restore a missed term for important reasons, but do not rely on that. Act within the deadline.

What happens if there is no will

The estate is distributed under the Civil Code intestacy rules. Children and the spouse inherit first. If there are no children, the spouse and parents inherit. More distant relatives inherit only if closer heirs do not exist or renounce.

How are marital assets handled when one spouse dies

First, the marital property is divided between the spouses according to the marital property regime or any marriage contract. Only the deceased's share then passes through succession. The surviving spouse may also be a statutory or compulsory heir.

Can I appoint an executor in Lithuania

Yes. You can appoint a testamentary executor to manage the estate, protect assets, pay debts, and distribute property according to your will. Choose someone reliable and willing to serve, and consider naming a substitute.

Are electronic or video wills valid

No. Lithuanian law requires paper form. A handwritten will must be written and signed by you. A typed will must be notarized. Audio or video statements and electronic signatures are not recognized for wills.

How are debts handled and can heirs be personally liable

Estate debts are paid from estate assets. Heirs can accept the inheritance with inventory, which limits liability to the value of inherited property. Without inventory, liability rules are less favorable, and heirs risk broader exposure. Seek advice before accepting.

Can a foreigner living in Marijampolė make a Lithuanian will

Yes. A person habitually resident in Lithuania can make a will here. EU rules may allow you to choose the law of your nationality to govern your succession. If you have assets in several countries, coordinate your estate plan to avoid conflicts and duplication.

Where is the will kept and how is it found after death

A notarial will is kept by the notary and registered in the Central Register of Wills. A handwritten will can be deposited with a notary for safekeeping and registration. After death, the notary searches the register to locate any will. If you keep a handwritten will at home, tell a trusted person where it is kept.

Additional Resources

Civil Code of the Republic of Lithuania, Book Five Inheritance.

Lithuanian Chamber of Notaries.

Notary offices in Marijampolė Municipality.

State Guaranteed Legal Aid Service.

Marijampolė Municipality Civil Registry for death certificates.

State Enterprise Centre of Registers for property registration.

Ministry of Justice of the Republic of Lithuania.

European Certificate of Succession information from national authorities.

Next Steps

Clarify your goals. List your assets, family situation, beneficiaries, and any special concerns such as minors, business ownership, or dependants with special needs. Decide whether you want to appoint an executor and a guardian for minor children.

Consult a local professional. Speak to a notary or a lawyer experienced in wills and succession in Marijampolė. Ask about form requirements, compulsory share implications, cross-border issues, and how to structure bequests to avoid disputes.

Choose the right form. If your situation is simple, a properly prepared handwritten will may suffice. If there are any complexities or typed text, use a notarial will. Consider depositing any handwritten will with a notary for registration in the Central Register of Wills.

Coordinate documents. Align your Lithuanian will with any foreign wills. If you wish, consider a choice of law permitted by EU rules. Ensure your will, marriage contracts, and beneficiary designations on financial accounts do not conflict.

Plan for debts and taxes. Discuss acceptance with inventory to limit liability, and budget for notary and registration fees. Prepare key documents such as property titles and account statements for your executor and heirs.

Review regularly. Update your will after major life events such as marriage, divorce, birth of a child, death of a beneficiary, or a move across borders. Always date and sign new versions and address revocation of prior wills.

After a death, act promptly. Heirs should contact a notary in the deceased's last place of residence in Marijampolė, order a search of the Central Register of Wills, and file acceptance or renunciation within the 3 month term. Consider professional help to manage timelines, creditor claims, and property registration.