A-A. Tiimanni tn 2: refusal to accept estate preservation application set aside

The association sought estate preservation and permission to dispose of property without documents on death and heirs. The circuit court set aside refusal to accept the application and ordered acceptance to be reconsidered.

The circuit court set aside refusal to accept the association’s application to preserve estate property and returned the issue to the county court. The apartment association Narva linn, A-A. Tiimanni tn 2 sought preservation measures for owner XX’s estate, appointment of an administrator and inventory taker, and permission to dispose of the apartment ownership. It cited management and utility arrears and reported the owner’s death, but lacked documents on when death occurred and who the heirs were. It therefore asked the court to help obtain the information through international legal assistance. Viru Maakohus refused acceptance. It considered that death first had to be confirmed in separate proceedings and such confirmation could not be obtained in an estate preservation case. The association appealed, explaining that it knew of the death but could not itself request the necessary information from the competent foreign authority. The circuit court found refusal premature. An Estonian court may take measures to preserve an estate located in Estonia regardless of the country of the main succession proceedings. Evidence of death can also be obtained when examining an application for those measures. The first-instance court must check whether the evidence-gathering request meets requirements and, if needed, send an inquiry to the competent authority; a person who previously acted for the owner may also be heard if necessary. On 30 June 2021, the refusal was set aside and the application returned to the county court to decide acceptance. The association’s appeal was allowed and a 50-euro fee refund ordered. The circuit court did not itself appoint an administrator, authorise sale of the property or award the debt claimed.

Set aside the Viru Maakohus ruling of 27.05.2021 and refer the association’s application to the county court to decide acceptance. Allow the appeal against the ruling. Refund the association 50 euros in court fees.