According to legal theory and court practice, a proposal for estate separation can only relate to the entire estate and not just part of it. The same applies to the decision on estate separation: the measure can only be ordered against the entire estate and not just against its individual parts.

An inheritance decision cannot be issued while the estate separation decision is in effect. Since the institute of estate separation will not achieve its purpose, i.e., repayment of the creditor, merely by issuing an estate separation decision, the court will have to direct the latter to initiate (or continue) the appropriate procedure for repayment of its claim within a certain period. In this case, it would also make sense to suspend the probate proceedings until the conclusion of the (enforcement) procedure (or until the deadline has passed). Only when the reasons for estate separation have ceased (with the repayment of the claim or its appropriate securing) or the deadline for claiming the debt has passed, will the court be able to continue with the probate proceedings and decide that any remainder of the estate will be inherited by the heir.

Decision of the Higher Court in Ljubljana, ref. no. I Cp 3241/2016, dated 23. 09. 2017, published on the website of the Supreme Court of Slovenia.