Registration of certificate of inheritance

1. To what extent could the Certificate be registered in your Land Registry? Is this Certificate enough for the registration of ownership (or other rights in rem) in the name of the heirs (or legatees)? Otherwise, which other additional documents or complementary requirements would be needed?

According to the national legislation of the Republic of Lithuania the Certificate could not be registered in the Register of Wills managed by the Central Mortgage Office. Only the data about wills, made (deposited for safekeeping) in the territory of the Republic of Lithuania or at diplomatic missions of the Republic of Lithuania since the 1st of July 2001, the data about wills, made (deposited for safekeeping) in foreign countries, ratified, accepted or signed 1972 Basel Convention on the Establishment of a Scheme of Registration of Wills, data about the facts of acceptance of inheritance are stored in the Register of Wills.

Ownership rights arising on the basis of the Certificate of Inheritance are registered in the Land Register administered by the State Enterprise Centre of Registers. The Certificate of Inheritance or its copy attested in the prescribed manner submitted by the heir is enough itself for registration of ownership right. Alongside the registration of ownership right, the Certificate of Inheritance as a document is registered in the Land Register in the manner prescribed by Article 12 of the Law on Land Register.

• Do you request official translations of European Certificates of Succession that are drawn up in a foreign language? Is the registration of a multilingual deed possible?

Yes, we request. Every document, given for registration, must be translated into official Lithuanian language. Registration of multilingual deeds is possible but translation into Lithuanian is also necessary.

2. In particular: for the purposes of registration, if the interested parties have complied with a Certificate of Inheritance adequately, will sharing out or distribution of estate deeds be also necessary?

In cases the interested parties have inherited real property in equal shares, it is enough to submit the original of the Certificate of Inheritance or its copy attested in the prescribed manner for the registration of arising ownership rights. Having registered ownership rights in the Land Register, the interested parties get a Certificate from the Land Register related to the inherited property.

3. In the event that the Certificate cannot be used for purposes of registration at all in your LR system, please let’s know the legal reasons.

The Certificate of Inheritance is a valid document for the recording of ownership rights in the Land Register.

4. May the Certificate be rejected by your registration authorities in the event of inadequate completion, mistakes or inaccuracies?

The Keeper of Land Register has the right to refuse registration of ownership rights arising on the basis of the Certificate of Inheritance as well as to refuse recording of a legal fact, i.e. the Certificate of Inheritance.

• Do you control whether the authority, who issued the Certificate, is indeed competent to do so? Imagine you receive a request for the registration of a European Certificate of Succession that is drawn up by a foreigner claiming to be a notary in the Netherlands. Do you actively control whether this person is actually a notary in the Netherland and if so, how do you control this?
  No, we do not, because we have no possibilities to control competence of foreign notaries.

• A foreign ‘court’ has drawn up a European Certificate of Succession and submitted a request for registration to your organization. As the Certificate does not comply with your national registration requirements, you have to reject the application. In practical terms, how and in which language do you contact the ‘court’?
  We will contact a foreign court by the contact address or the e-mail provided in the application. A decision to refuse registration will be in Lithuanian language. Where possible, additional explanations can be provided in English or other language.

• Does your answer to the preceding question change when it is not the issuing authority but the heir himself who submits the request for registration?
  No, it does not change.

5. For the certificate to be effective for the distribution of the estate and its registration, should this document be issued by national notaries or other practitioners or could it be issued by foreign notaries?

According to the Article 1.61 of the Civil Code of the Republic of Lithuania relations of succession in respect of an immovable thing are governed by the law of the state where the immovable thing is located.

The successors who inherit by operation of law or by will are able to present an application with the notary public of the place of the opening of succession for the issuance of the certificate of the right to inheritance (the Article 5.66 of the Civil Code of the Republic of Lithuania).