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Can real estate owned by someone who has died without heirs be purchased?
The State Treasury will not sell real estate inherited by the government, with the exception of situations where real estate must be sold to cover any debt of the estate. Nevertheless, not all real estate remains in the possession of the government. The State Treasury decides on who the property is ultimately transferred to no earlier than one year after the testator has died. If the real estate is assigned to the municipality, for example, the municipality may decide to sell it.
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Who is in charge of the burial of a person who has died without heirs?
Any costs incurred by the burial will be paid from the funds of the estate. If the estate has funds, close friends and family of the deceased may organise a burial with reasonable costs considering the funds of the estate. If no one undertakes the task of organising the burial or there are no funds, the most recent home municipality of the deceased should be contacted, as it is ultimately responsible for organising the burial according to section 23 of the act on burials (Hautaustoimilaki 6.6.2003/457).
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Our tenant has died. Who is in charge of terminating the lease and emptying the flat?
After a person dies, their heirs need to be determined. This is done by acquiring exhaustive genealogical records. Anyone can compile the genealogical records. Anyone who needs to determine the beneficiary of an estate to make decisions regarding the estate may start compiling extracts from the population register or parish registers. The heir determined in the genealogical records is responsible for terminating the lease and emptying the flat. If genealogical records reveal that there are no heirs, you must report the death of a person with no heirs to the State Treasury. The State Treasury will appoint an administrator for the estate, who must also manage any issues related to the rented flat.
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Who are considered heirs?
Heirs include direct heirs, i.e. children, the spouse, parents, siblings and their children, grandparents, aunts, uncles and secondary heirs (the father, mother, sister and brother of a previously deceased spouse and the children of the brother or sister). If there are no heirs and no will, the estate is inherited by the government. The death of someone who has no heirs or will must be reported to the State Treasury in writing.
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How are genealogical records compiled?
Genealogical records are an uninterrupted series of extracts from registers concerning the deceased from the time they were 15 until their death. A similar account of ancestry must also be obtained for any dead beneficiaries in order to determine any heirs taking the place of the deceased heirs. Genealogical records may be compiled by an individual or the determination of records may be assigned to a party offering services related to genealogical records. Attorneys at law and other lawyers, for example, compile genealogical records. Genealogical records may also be commissioned from a service subject to a fee at www.sukuselvitykset.fi. The costs of genealogical records are paid from the funds of the estate, if the estate has funds.
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Who must commission genealogical records, whose responsibility is it?
Anyone can compile the genealogical records. Anyone who needs to determine the beneficiary of an estate to make decisions regarding the estate may start compiling extracts from the population register or parish registers. Genealogical records may be compiled by an individual or the compilation of records may be assigned to a party offering services related to genealogical records (see following question). Ultimately, if no one undertakes the task, the police must take action to find the beneficiary (section 4 of chapter 18 of the Code of Inheritance).
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My cousin / acquaintance / social services customer / patient / tenant or a person under my guardianship has died, what should I do?
After a person dies, their heirs need to be determined. This is done by acquiring exhaustive genealogical records. The estate is transferred to the possession of the heirs discovered in the genealogical records. If there are no heirs, the death must be reported to the State Treasury in writing.
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Do I need to invite the State Treasury to the inventory of estate if there are no heirs, but there is a will?
In principle, the State Treasury should be invited to the inventory of estate in such cases. In practice, however, we have not deemed this necessary in cases where the entire estate has been bequeathed. It suffices to the State Treasury that the contents of the will are made known to the State Treasury after the inventory of the estate. A copy of the estate inventory is a prerequisite for the State Treasury approving the will.
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If I deliver the will to the State Treasury in person, can it be processed while I wait?
Unfortunately not. Wills are processed in the order they were received. You can deliver the will to the State Treasury in person and leave it at the information desk downstairs to be delivered to the registry office. If you wish to collect the will, you should indicate this in the cover letter to your notification. The State Treasury will notify you when the will can be collected at the information desk.
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Must the entire genealogical records be supplied to the State Treasury in connection with making the contents of the will known? Does the State Treasury investigate whether the person drawing up the will has died without heirs?
The State Treasury will not examine genealogical records in matters related to wills. The notifier should determine who the content of the will should be made known to. A copy of the extract from the population register concerning the deceased as well as a copy of the extract from the population register concerning one of the heirs must be attached to the will sent to the State Treasury. The extracts must show that the deceased is dead and that the heir is living (copy of registration certificate, if the recipient is a community).
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The widow/widower is living. Does a reciprocal will need to be notified to the State Treasury after notifying the spouse of the person who has died first, if there are no secondary heirs?
The content of a will is only made known to the State Treasury if there are no heirs. According to section 1 of chapter 3 of the Code of Inheritance, the widow/widower inherits their spouse, and the State Treasury is not mentioned in the list of secondary heirs contained in subsection 2 of the same section. In this event, the contents of the will do not need to be made known to the State Treasury.
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I stand to inherit property. Do I need to notify the State Treasury of the will?
The heirs must always be notified of the will. The purpose of the notification is to ensure that those who stand to inherit have the opportunity to examine whether the will has been drafted in the form provided by law. If there are no heirs, the contents of the will must be made known to the State Treasury.
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I have drawn up a will. Do I need to send it to the State Treasury?
No. The content of a will is only notified to the State Treasury after the person who has drawn up the will has died.
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What does it mean to submit a will for information?
The contents of the will are made known to those who stand to inherit. The purpose of the notification is to ensure that those who stand to inherit have the opportunity to examine whether the will has been drafted in the form provided by law. If there are no heirs, the contents of the will are made known to the State Treasury.