Why the Place of Opening Matters
When an inheritance crosses state borders, the first question to resolve is the place where the estate opens. It is this category that determines where the estate is considered to have opened, and identifying it correctly underpins the entire subsequent process of international succession. The rules governing this matter are set by the succession norms, and they address different situations — persons living in Georgia, persons temporarily or permanently residing abroad — each with its own separate rule.
The General Rule on the Place of Opening
The place of a decedent's residence is considered the place of the opening of the estate and, if it is unknown, the location of the estate. This is the general rule: primacy is given to the place where the deceased lived, and only where the residence cannot be established does the law turn to the estate's actual location. The hierarchy is deliberate — a living connection to a place is regarded as more telling than the physical presence of the assets.
A special rule applies where the estate is located in different places: the place of the opening of the estate is then deemed to be the location of the immovable property or of its most valuable part and, where there is no immovable property, the location of the movable property or of its principal part. With a scattered estate, the character of the assets therefore decides: immovable property or its most valuable part takes precedence, and only in its absence does the principal mass of the movable property govern.
The Estate of a Citizen Temporarily Residing Abroad
Where a citizen of Georgia who temporarily resided abroad died there, the place of the opening of the estate is that person's place of residence in Georgia before departure abroad and, if it is unknown, the location of the estate or of its principal part. Temporary presence abroad thus breaks the connection with Georgia only factually: legally, the opening of the estate remains oriented toward Georgia — toward the last residence held before departure.
The practical consequence is significant. For a family whose relative worked or studied abroad and died there, the search for the place of opening should begin in Georgia, at the address from which the departure took place. Only where that place cannot be established does the inquiry turn to the actual location of the estate or its principal part — which may prove to be in another state.
The Estate of Persons Permanently Residing Abroad
After the death of persons who permanently resided abroad, the place of the opening of the estate is considered to be the country where they lived. Permanent residence abroad replaces the residential link with Georgia: the place of opening becomes not the past but the actual country of residence. This rule distinguishes such persons from citizens who were only temporarily abroad, for whom the connection with Georgia is preserved.
This distinction must be taken into account whenever a family assesses in advance where the formalities will have to be carried out. The line between temporary and permanent residence is not always obvious, and determining the place of opening begins precisely with establishing these circumstances. Other details of the matter — including with which state's authorities and under which procedure specific actions are performed — are regulated by other provisions.
Accepting an Estate in a Foreign State
A citizen of Georgia who lives in Georgia receives an estate in a foreign state in accordance with the legislation of that state. This is another essential aspect: alongside the place of opening, the question is resolved of which state's legislation applies to the acceptance of an estate located abroad. An heir to property situated in another country must therefore come to terms with a foreign legal system, and planning the process requires familiarity with two legal orders at once.
The practical upshot is that international succession admits no uniform answers: the same family situation produces different outcomes depending on who lived where, where the death occurred and where the property is located. Every such case should therefore begin with an exact statement of facts — establishing the place of residence, the character of the stay abroad and the location of the assets.
Frequently Asked Questions on International Succession
What is considered the place of the opening of an estate?
The decedent's place of residence; if it is unknown — the location of the estate.
What happens if the estate is situated in several places?
The place of opening is deemed to be the location of the immovable property or its most valuable part and, where there is none, the location of the movable property or its principal part.
Where does the estate open if a citizen temporarily lived abroad and died there?
The place of residence in Georgia before departure abroad is considered the place of opening; if it is unknown — the location of the estate or of its principal part.
Does the rule change for persons permanently residing abroad?
Yes: in their case the place of opening is the country where they lived.
Under which law does a citizen living in Georgia accept a foreign estate?
An estate in a foreign state is received in accordance with the legislation of that state.
How We Help on Legal.ge
International succession demands an exact establishment of the facts: analysis of the place of residence, the character of the stay abroad, and the composition and location of the assets. The Legal.ge team will help you determine the place of opening, prepare the documentation and plan the steps connected with an estate located abroad. Contact us for a consultation — we will assess your situation and set out the algorithm for the process.