Probate Proceedings: Overview and What to Expect

The loss of a loved one is always very difficult, and even if everyone says goodbye in their own way, probate proceedings are one of the inevitable steps that must be taken.

Although probate proceedings may seem complicated at first glance, they have a clear course. A notary will guide you through this procedure.

Probate proceedings can be demanding, especially in the difficult period after the loss of a loved one. Having an overview of how the proceedings are conducted, what steps need to be taken, and what will be needed can make the whole process much easier.

What is probate proceedings?

Probate proceedings are initiated after the death of a person in order to legally divide their property among their heirs. This procedure aims to mainly determine who inherits the property of the deceased and what share – all in accordance with applicable law.

Inheritance law is regulated in Sections 1475 to 1720 of the Civil Code, while the inheritance proceedings themselves are regulated by the Act on Special Judicial Proceedings, specifically Sections 98 to 288a.

Grounds of inheritance

There are three reasons for inheritance that will affect how the probate proceedings will run:

1. Inheritance agreement

An inheritance agreement is the strongest legal title to inheritance, meaning that it takes precedence and the inheritance is governed primarily by its terms, provided that it meets all legal requirements. An inheritance agreement can only decide on ¾ of the estate.

2. Last will

In a will, the deceased unilaterally decides on his or her property. The heirs are then determined again according to how they are listed in the will, provided that the will meets all legal requirements.

3. Legal succession

If the estate has not been subject to an inheritance agreement or a will, or if they are not valid, the inheritance proceeds according to the law, which means that the inheritance is divided between the first to sixth inheritance classes according to family relationships. This form of inheritance is governed by the shares determined by law, which are based on family relationships.

These inheritance titles can also operate alongside each other, i.e. if the testator, for example, writes a will for only part of the property, the rest of the estate is divided according to the law.

How probate proceedings are carried out

The inheritance procedure is carried out by a notary, who is authorized by the court to conduct the entire process. It is the notary who will guide you through the procedure and who has the obligation to inform you of your rights in a timely manner.

Stages of probate proceedings

1) Initiation of proceedings

Probate proceedings are initiated by the competent court, usually without a motion, based on a notification of the death of a person sent by the registry office. It is therefore not necessary to inform the court directly immediately after the person’s death.

2) Preliminary investigation

The notary’s task is primarily to conduct a preliminary investigation, during which he or she determines not only the status of the testator’s assets and the status of documents (e.g. wills), but also the probable heirs and other persons whose rights and obligations are at stake in the proceedings.

The notary is then obliged to inform every person who can be assumed to be an heir of the deceased. If there is a person who could be an heir but has not yet been informed of his right of inheritance by the notary, he may exercise his right in court himself, in writing or orally into the minutes. However, this must be done no later than the time when the probate proceedings are finally concluded.

3) Probate hearing

A closed meeting is usually ordered for the discussion, attended by the heirs and other persons whose presence is required.

4)

a) Termination of probate proceedings

If the testator left no property, the court will stay the proceedings. The same applies if the testator left property of no or negligible value. In such a case, the court will stay the proceedings and release the property to the person who ordered the funeral, if that person agrees to the acquisition of the property.

b) Issuing a decision

If the probate proceedings are not suspended and other legal requirements are met, the notary will draw up a succession decision, in which he will, in particular, confirm the acquisition of the inheritance and the division of the estate.

5) Transfer of property to heirs

Heirs take over the estate of the deceased. This process may involve the transfer of real estate, funds, valuables, or other items.

What to prepare for during probate proceedings

Probate proceedings are usually a purely legal process, but it’s a good idea to prepare for it. Here are a few things to keep in mind:

1. Financial and legal costs

A notary usually charges fees for conducting the inheritance proceedings and for writing the inheritance decision.
If you need legal assistance to resolve more complex issues (e.g. contesting a will), this will entail additional costs.

2. Possibility that it will take a long time

Inheritance proceedings can last from several weeks to several months, depending on the complexity of the inheritance and possible complications (e.g. disputes between heirs, inheritance abroad).

3. Settlement of assets and debts

It is important to note that the deceased may have left behind not only property but also debts. If the heir does not want to pay these debts in full, he has the right to reserve the so-called inventory of the estate, within one month from the date on which the court informed him of this right. In such a case, the heir will subsequently be obliged to pay the deceased’s debts only up to the value of the acquired inheritance.

What to do if the heir is not satisfied with the inheritance

If one of the heirs does not want to accept the division of property, or if he has doubts about the will, there are legal steps to protect his rights.

1. Disclaming an inheritance

The heir has the right to refuse the inheritance if, for example, the conditions do not suit him or if the inheritance would be burdened with high debts.

2. Contesting a will

If you suspect that a will is invalid, e.g. due to pressure on the deceased, or if the will is incomplete, you can go to court.

How can PEGAS Funeral Home help?

PEGAS Funeral Home is not only about organizing the funeral, but also about helping with administrative tasks. We can assist you in gathering the necessary documents, explain the legal requirements or direct you to experts who can help you with legal issues.

Probate proceedings can be a complex process, but PEGAS is here to support you and make the whole process easier.