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Probate Procedure: Legal Representation by an Attorney

Legal Representation in Probate Proceedings - Legal Services

The court oversees the probate procedure and does not provide legal advice to the participants (e.g., on which claims they can file), so the heirs must know themselves which rights they can assert and how.

Heirs and other participants can assert their claims in the probate procedure either on their own or with the assistance of a legal professional, i.e., an attorney.

If an heir meets the requirements for free legal aid, they can request the court to appoint a selected attorney to represent them in the probate procedure. The competent district court (not the probate court) is responsible for handling the request for the provision of free legal aid, usually in the district where the heir is registered.

What can I expect in the probate procedure?

In the probate procedure, heirs, legatees, and other persons assert their inheritance claims and related claims.

The court in the probate procedure determines:

  • who the deceased's heirs are,
  • what assets constitute their estate,
  • which rights from the estate belong to the heirs, legatees, and other individuals (e.g., creditors).

 

The court initiates and conducts the procedure ex officio as soon as it receives the death certificate from the registrar or administrative unit. The court initiates and conducts the procedure on its own, and no proposal from the heirs is required.

The court concludes the procedure by issuing a decision on inheritance, unless it finds that the deceased had no assets. In such a case, the procedure is terminated.

Participants in the probate procedure

Participants in the probate procedure include:

  • heirs, as testamentary heirs (inherit based on a will), statutory heirs (inherit based on the law), or compulsory heirs with the right to a compulsory share,
  • legatees,
  • separate creditors,
  • the Republic of Slovenia and the municipality.

 

A separate creditor is a creditor of the deceased who, within three months after the deceased's death, submits a claim in the probate procedure and requests that the estate be separated from the heir's property (separate estate). Such a creditor has the status of a party in the proceedings and can demand payment of their claims only from the estate. A creditor who submits a claim but does not request the separation of the estate is not a party to the proceedings.

The Republic of Slovenia and the municipality are participants in the proceedings only if the deceased received assistance under the social welfare regulations and if they file a request to limit the inheritance. The Republic of Slovenia is also a participant in the proceedings in the case of an estate without heirs.

How does the probate procedure proceed, from the death certificate to the decision on inheritance?

When the registrar at the administrative unit prepares the death certificate, they send it to the competent court to initiate the probate procedure.

Based on the information from the death certificate, the court conducts official inquiries about the deceased's assets or begins inventorying the estate.

Once the court obtains information about the estate and the heirs, it schedules a probate hearing and invites the heirs. Heirs can attend the hearing themselves or authorize an attorney to represent them.

During the hearings, the court accepts declarations of inheritance and determines: what constitutes the estate, who the heirs are, whether a will exists, and whether the heirs assert any claims (such as excluding certain items from the deceased's estate, challenging the validity of the will, claiming inheritance ineffectiveness, etc.).

When the court concludes the proceedings, it issues a decision on inheritance, which is served to the heirs and other participants. Heirs can file an appeal against the decision themselves or through an attorney within 15 days. The appellate court decides on the appeal. The decision on inheritance becomes legally binding when there is no possibility to appeal against it.

While heirs acquire the inheritance from the day of the deceased's death, they can prove their status as heirs only with a legally binding decision on inheritance. Only with the issuance of the decision on inheritance can they dispose of the inheritance individually and, for example, settle matters definitively (such as closing the deceased's bank account, transferring ownership of vehicles). The registration of the transfer of ownership rights to inherited real estate is carried out by the court ex officio.

Subsequently Discovered Assets; Additional Decision on Inheritance

If assets that were unknown at the time of the issuance of the decision on inheritance are discovered after its legal force, the heirs or their authorized attorney can file a motion for the issuance of an additional decision on inheritance.

The court will typically issue an additional decision on inheritance without conducting a new probate hearing.

Subsequently Discovered Will, Declaration, and Referral to Litigation

If a will is discovered after the decision on inheritance has become legally binding, the court declares it and sends it to the probate court, retaining a copy for itself.

The probate court does not conduct a new probate hearing but informs the affected individuals about the declaration of the will and advises them that they can assert their rights under the will in litigation.

New Heir, Referral to Litigation

If a person who did not participate in the probate procedure as an heir asserts any right to the inheritance, the probate court does not conduct a new probate hearing but refers that person to assert their right in litigation.

Duration and Costs of the Probate Procedure, Inheritance Tax

The duration of probate proceedings varies depending on the workload of the competent district court and the complexity of the case.

On average, the proceedings last approximately 6 months and conclude after the first probate hearing.

The costs incurred in the probate procedure include:

  • court fees, which the court determines based on the value of the estate and in accordance with the provisions of the Court Fees Act. All heirs are obligated to pay the fees proportionally to the extent of their inheritance shares.
  • costs of attorney representation, which are paid by the client or the principal in accordance with the provisions of the Lawyers' Tariff,
  • other costs, e.g., the estate administrator's fees, which are also paid by all heirs. In the probate procedure, the court determines the court fees at the end of the proceedings when it concludes the hearing.

 

Assessment of Inheritance Tax

Heirs, except for first-degree heirs, are liable to pay inheritance tax under the Inheritance and Gift Tax Act.

The tax is assessed by the Financial Administration based on the information provided by the court.

For more detailed information about the probate procedure, please refer to the articles and questions and answers below.

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:

 

Judicial Practice:

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