Inheritance order
When a person dies without leaving a will. The law determines who the heirs are and in what shares, and whoever wishes to exercise their right files an application for an inheritance order.
Inheritance Order and Probate Order
An inheritance order or a probate order is the document that, in practice, makes it possible to transfer registration at the Land Registry (Tabu), release funds from the bank and handle pension rights. The office accompanies families in the application to the Registrar of Inheritance Affairs, from collecting the documents to receiving the order.
Which order do you need?
Probate order
When a valid will exists. The original will is submitted to the Registrar, and the order declares it valid. This procedure also includes publication and an objection period.
What the office does
The application is filed with the Registrar of Inheritance Affairs in the area where the deceased lived. A death certificate, the details of all the heirs and the required affidavits are attached to the application.
- Checking whether a will exists, and mapping the heirs and the assets.
- Collecting the documents and preparing the affidavits.
- Filing the application with the Registrar of Inheritance Affairs, including notices to the heirs.
- Following the application until the order is issued.
- After the order: registering the rights and distributing the estate among the heirs.
- Representation in objections, if any are filed.
From first contact to the order
Collection and review
Checking whether a will exists, mapping the heirs and the assets, and collecting the required documents.
Filing the application
Online filing with the Registrar of Inheritance Affairs, including affidavits and notices to the heirs.
Publication period
Publication and an opportunity to file objections within the period set by law.
Receiving the order and distribution
Receiving the order, registering the rights and distributing the estate among the heirs.
What to bring to the meeting
A first meeting with the right documents saves an extra meeting.
- Death certificate.
- The will, if one exists. Keep the original aside and bring a copy to the meeting.
- Names and contact details of all the heirs.
- A list of the assets and accounts known to you.
Frequently asked questions
What is the difference between an inheritance order and a probate order?
An inheritance order is issued when the deceased did not leave a will, and it determines the identity of the heirs under the law and their shares. A probate order is issued when a valid will exists, and it gives the will binding effect toward everyone.
There is a will. Is an order still needed?
Yes. A will by itself does not transfer property. Without a probate order, the bank and the Land Registry (Tabu) will not act on it.
Who inherits when there is no will?
Under the Succession Law, the spouse inherits alongside relatives according to a graded order of kinship: first the children of the deceased and their descendants, then the parents of the deceased and their descendants, and finally the grandparents and their descendants. The division of shares depends on the exact family composition.
What happens if an objection is filed?
Once an objection is filed, the case moves from the Registrar to the Family Court. In many cases, the possibility of an agreed settlement between the heirs is examined first.
How long does it take to receive an order?
The duration of the proceedings depends on the Registrar of Inheritance Affairs, on whether objections are filed and on other factors beyond the office's control, and therefore the office does not give a time estimate. A complete and orderly application prevents delays caused by missing documents.
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