Successors can file a claim for inventory if there are suspicions that the estate is not sufficient for the performance of all of the obligations of the bequeather. A successor may submit a notarially authenticated claim for inventory to a notary within three months after the successor becomes aware or should have become aware of the circumstances from which it can be presumed that the estate is insufficient for covering the claims of the creditors of the bequeather.
A successor who accepts the succession may submit a claim for inventory to a notary. If a successor submits a claim for inventory before acceptance of the succession, a notary will appoint a maker of the inventory after the person who submits the claim for inventory has accepted the succession.
A notary appoints a bailiff for making an inventory. A notary will provide the bailiff with a term for making an inventory that will not be shorter than two months and not longer than three months.
The bailiff commences calling proceedings, which means that a notice will be published in the online Ametlikud Teadaanded, which calls persons with claims and rights with regard to the estate to notify the maker of the inventory of their claims and rights within 30 days after publication of the call. As a result of this, all possible creditors with claims against the bequeather should submit proof of their claims to the bailiff within the established deadline.
The bailiff is responsible for ascertaining the rights, assets and liabilities the bequeather had as of the day of their death.
The notary will submit the data known to them, which are necessary for making the inventory, to the bailiff. The bailiff has the right to receive information about the estate from the successors, banks and other persons who have the estate in their possession or who have information about the estate.
The bailiff sends queries to public registers. The bailiff is obliged to send a query to the Tax and Customs Board about the obligations and claims of the bequeather.
The bailiff will check the data submitted by the successors about the estate and the obligations related to the estate.
The bailiff will include all proprietary rights and obligations they managed to ascertain during the calling proceedings in the list of estate.
In the course of making an inventory, an inventory of the estate is prepared which sets out all inheritable things, rights and obligations existing at the time of opening of the succession, their description and appraisal necessary for their designation and valuation. The inventory of the estate will be submitted to a notary.
The bailiff’s fee will be 0.15% of the total value of the rights included in the list of the estate, but no less than 35 euros and no more than 3,336 euros.
The co-successors have solidary liability for payment of the fee. The bailiff’s fee is subject to value added tax.
