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Legal Heirs and Orders of Succession

Heirs are individuals who inherit the deceased's assets based on a will or the law, in accordance with the provisions of the Law on Inheritance. If there is no will or if it is invalid, the heirs will inherit as legal heirs according to the rules of intestate succession, as determined by the law, based on their kinship relationship to the deceased. The court determines what and how much each heir will inherit in the probate process, in which the heir can either "represent themselves" or appoint a lawyer for inheritance matters.

Heirs in a closer order of succession exclude persons in a more distant order of succession from inheriting.

A spouse or unmarried partner inherits in the first order of succession if the deceased had descendants. If there are no descendants, the spouse inherits together with the deceased's parents in the second order of succession.

According to the provisions of the Law on Inheritance, the legal heirs are:

  • Heirs of the first order: the deceased's descendants and spouse or unmarried partner.

They inherit the estate in equal shares. If the deceased has no descendants, the spouse or unmarried partner inherits in the second order of succession together with the deceased's parents. If there are no parents, they inherit together with the deceased's siblings.

  • Heirs of the second order: the deceased's parents and their descendants (the deceased's siblings), with the parents inheriting half of the estate and the spouse or partner inheriting the other half.

If the deceased did not leave a spouse or unmarried partner, the parents inherit the entire estate in equal shares.

  • Heirs of the third order: the deceased's grandparents and their descendants (the deceased's cousins).

Inheritance in the third order occurs when the deceased did not leave any descendants, parents (and they also did not leave any descendants), or a spouse or unmarried partner.

Right of Representation and Accretion of Inheritance Share

The basis for forming orders of succession is the kinship to the deceased, which is why the deceased's relatives are classified into specific classes.

Each class consists of the deceased's ancestors who are equally distant from the deceased in terms of kinship, as well as all their descendants. Relatives in the same class are divided into lines. The division into lines is important because the right of representation applies among relatives who belong to a particular line.

If the representative of a line does not inherit (for example, if they died before the deceased or are unworthy of inheritance), their descendants take their place as heirs (for example, if the deceased's child does not inherit, their children, i.e., the deceased's grandchildren, inherit instead). Descendants who inherit based on the right of representation collectively receive the share that would have gone to their ancestor.

When inheritance based on the right of representation does not occur (for example, if the disqualified heir has no descendants or if they refuse to inherit), the so-called accretion may occur. This means that the share of the disqualified heir's inheritance passes to the co-heirs in proportion to their respective shares.

For more detailed information about legal heirs and orders of succession, please read the articles and the following questions and answers.

Attorney Jurij Kutnjak from Slovenia, Maribor offers comprehensive legal assistance in inheritance and handling all inheritance law issues: from drafting wills and concluding contracts with inheritance law elements (contract for life interest, contract for lifetime support, handing over contract) to representation in probate proceedings and possible litigation related to the estate or inheritance throughout Slovenia.

To schedule a consultation regarding inheritance and representation in the probate process, call attorney Jurij Kutnjak during business hours at the phone number 00 386/2/25-23-780 or send an email to info@odvetnik-kutnjak.si.

Legal Documents:

e-forms
authorization for representation
will, revocation of will, inheritance statement, renunciation of inheritance, proposal for the issuance of a European certificate of inheritance

Legislation:

 

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