Succession and contracts
Dealing with contracts
The best way to understand what contracts the possible estate is encumbered with or what other contracts and obligations the deceased person had, it is to collect all of their documents.
Important to know concerning this step
These may include:
- Bank statements
- Credit card invoices
- Commercial lease contracts
- Loan agreements
- Insurance policies
- Documents relating to property management
- Company documents
When all the documents have been collected, they must be reviewed and analysed. This will help identify all the contracts that the successors have to deal with.
The following methods can be used to obtain an overview of contracts.
- Logic: One can attempt to determine what contracts the deceased most likely concluded. For example, if they were the owner of real estate, then it is likely that they had real estate insurance and a loan, a contract for the transportation of waste, and a contract for the purchase of electricity. If they had a phone, they probably had a contract with a mobile phone operator. If there was a TV at home, they likely had a contract with a TV and an Internet service provider. If a person lived in the countryside, and in a nearby shop, goods are sold to locals in instalments, it can be investigated whether the deceased had an open opportunity to buy groceries in instalments from the shop.
- Document review: The title or content of the document may indicate that it is a contract. For example, a document related to real estate may state that the property is encumbered with a mortgage.
- Contacting companies and organisations: If the deceased person was a business owner or belonged to an organisation, then they can be contacted to enquire whether the deceased had any contracts with them.
- Questioning friends and acquaintances of the departed person: Friends and acquaintances may have information about what contracts the departed person had entered into during their lifetime. For example, they may know what services the departed person used, such as insurance or TV services. They may also be aware of the work or hobbies of the departed person, which can lead to finding contracts.
An overview of contracts is important because it helps successors understand what obligations and rights they have in the division of the estate.
Here are some tips for an overview of contracts:
- Get started now - the sooner you do, the easier it will be to get an overview of the contracts.
- Be patient - this can be a time-consuming process.
- If you have any questions about interpreting contracts, ask a lawyer for help.
Contacts
Information service texts on the death of a loved one were completed under the guidance of the Association of Estonian Cities and Rural Municipalities.