Gürcistan Medeni Kanunu — Miras hukuku

Book Six

Law of Succession

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Chapter One

General Provisions

Article 1306 – Concept

1. The property of a decedent (an intestate or a testator) shall devolve on other persons (heirs) on intestacy or

under a will, or on both grounds.

2. Intestacy– devolution of the decedent’s estate to the persons specified by law – shall operate if the decedent has

died without a will, or if the will disposes of a part of the estate, or if the will is declared void in full or in part.

Article 1307 – Heirs

The following persons may be heirs:

a) in the case of intestacy – the persons who are alive at the moment of the decedent’s death, as well as the

decedent’s children born alive after his/her death;

b) in the case of testamentary succession – the persons who are alive at the moment of the decedent’s death, as

well as those conceived during the decedent’s lifetime and born after his death, regardless of whether or not they

are his/her children, also legal persons.

Article 1308 – Legal person as an heir

In the case of a testamentary succession, a legal person that has been created by the time the estate is opened shall

be invited to receive the estate.

Article 1309 – Child born out of wedlock as the heir of the father

A child born out of wedlock shall be deemed to be the father’s heir if paternity has been established under the

procedures laid down by law. If the child does not survive the father, then his or her children may claim a share

of the estate to which their father was entitled.

Article 1310 – Unworthy heir

A person may be neither an heir on intestacy nor a testamentary heir if he/she intentionally obstructed the

decedent in the exercise of his/her last wish, and by doing so promoted the invitation of himself/herself or persons

close to him/her as heirs, or the enlargement of their share in the estate, or if he/she committed a premeditated

crime or any other immoral action against the testator’s last wish expressed in the will, provided these

circumstances are confirmed by a court (unworthy heir).

Article 1311 – Parents who may not be heirs

The parents who were deprived of their parental rights and whose rights have not been reinstated by the day an

estate is opened, may not be legal heirs of their child. Nor may persons be legal heirs if they have maliciously

neglected their duty to maintain the decedent, provided these circumstances are confirmed by a court.

Article 1312 – Disinheritance by a court

A circumstance that constitutes the basis for disinheriting an unworthy heir shall be established by a court based

on the claim of the person who will be affected materially by the disinheritance of the unworthy heir.

Article 1313 – Forgiving an unworthy heir

A person guilty of committing the actions that result in disinheritance, may nevertheless be admitted as an heir if

the testator forgives him/her and explicitly states the decision in his/her will. The forgiveness may not be

withdrawn.

Article 1314 – Succession per stirpes

Forfeiture of the right of succession shall not prevent the relatives’ succession per stirpes.

Article 1315 – Right of succession to another decedent’s estate

Disinheritance shall not prevent the disinherited person from being an heir to another decedent’s estate.

Article 1316 – Duty of a person declared as an unworthy heir

If a court declares a person to be an unworthy heir after he/she has received the estate, then he/she shall be

obligated to return everything that he/she has inherited, including the fruits and income derived from it.

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Article 1317 – Limitation period on a claim to declare an heir unworthy

A claim for declaring an heir unworthy shall be filed by the interested persons within five years from the moment

when the heir took possession of the estate.

Article 1318 – Disinherited person’s share in the estate

1. A disinherited person’s share in the estate shall devolve on the rest of the heirs who have been called as

successors and be divided into equal shares among them.

2. The rule provided for in paragraph 1 of this article shall not apply if the disinherited person has designated an

heir.

Article 1319 – Opening of estate

The estate shall be opened upon a person’s death or when he/she is declared dead by a court.

Article 1320 – Time of opening of estate

The day of the death of the decedent or the day on which a court’s decision declaring the person dead enters into

force shall be deemed to be the time of the opening of the estate.

Article 1321 – Inheritance of persons who died on the dame day

If the persons who have the right of succession die on the same day one after another, the estate shall be opened

independently after each other.

Article 1322 – Opening of estate after a person has been declared dead

The outcome provided for in Article 1321 shall occur also if a court declares the persons dead as a result of their

disappearance under the same circumstances; regardless of the effective date of the decision declaring them dead.

Article 1323 – Opening of estate in households

The estate of the common property of a household shall open after the death of the last member of the household.

Article 1323 – ( Deleted )

Law of Georgia No 4851 of 25 June 2019 – website, 2.7.2019

Article 1324 – Place of opening of estate

1. The place of residence of the decedent or, if it is unknown, the location of the estate shall be deemed to be the

place of opening of the estate.

2. If the estate is located at different places, then the location of the real estate or of its valuable part or, if there is

no real estate, the location of movable property or its principal part shall be deemed to be the place of opening of

the estate.

Article 1325 – The place of opening the estate of persons residing abroad

The place of opening the estate of a citizen of Georgia who temporarily resided abroad and died there shall be the

place where he/she had resided in Georgia before he/she travelled abroad or, if that place is unknown, then the

location of the estate or its principal part shall be the place of opening the estate.

Article 1326 – Opening of the estate of persons permanently residing abroad

The foreign country where a person permanently resided shall be deemed to be the place of the opening of the

estate after the death that person.

Article 1327 – Opening the estate abroad

A citizen of Georgia residing in Georgia shall receive an estate in a foreign state according to the legislation of that

state.

Article 1328 – Estate

1. An estate shall include the aggregate of both property rights (assets of the estate) and liabilities (liabilities of the

estate) of a decedent as of the moment of his/her death.

2. The estate shall include any share in the common property to which the decedent was entitled or, if the

property cannot be divided in kind, then the value of this share.

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Article 1329 – Future property

A testator may include in his/his will the property not yet owned by him/her as of the moment of making the

will, provided he/she will have owned such property by the time the estate opens.

Article 1330 – Inadmissibility of devolving the rights and duties of personal nature by inheritance

An estate shall not include the property rights or duties that are of a personal nature and may belong only to the

decedent, or statutory or contractual rights and duties that are effective only during the lifetime of the creditor

and the debtor and cease to exist by their death.

Article 1331 – Protection of a decedent’s non-property rights

The heirs may exercise and protect the decedent’s non-property rights not included in the estate according to the

procedures provided by law.

Article 1332 – Property not included in the estate

1. Ancestral books (or records), family chronicles, memorial and other cult objects and the grave shall not be

included in the estate. These objects shall be transferred to the heir according to the established custom. These

objects may be received also by an heir who has renounced the estate. The rights relating to personal pension

accounts defined by the Law of Georgia on Voluntary Private Pension shall be included in the estate only when

the testator has failed to indicate the beneficiary or if the beneficiary died.

2. The documents relating to the person of the decedent, his/her family or the entire estate shall remain as

common property.

Law of Georgia No 3353 of 28 June 2023 – website, 19.7.2023

Article 1333 – Effects of increase in the real restate stated in a will

If after making a will the testator increases the real estate stated in the will by acquiring property which, although

affixed to the devised real estate, shall not be included in the estate unless there is a new instruction about the

property acquired after the making of the will.

Article 1334 – Co-heirs

If there are several heirs, the estate, until it is divided among them, shall belong to all the coheirs as coparcenary.

The necessary expenses related to the care and the last medical treatment of the decedent, the funeral, the

preservation and administration of the estate, the payment of wages and the execution of the will may be paid

from such estate. These claims shall be satisfied out of the value of the estate ahead of all other claims, including

claims secured by a mortgage or other lien.

Article 1335 – Right to claim things back from the estate

1. If a testator wrongfully bequeaths a thing to an heir, the owner of the thing may claim it back under the general

procedures.

2. If the decedent’s estate covertly includes the property of another person, such part of the estate shall necessarily

be identified and transferred to the relevant person.

Chapter Two

Intestacy

Article 1336 – Heirs on intestacy

In the event of intestacy, the following persons shall inherit in equal shares:

I. First degree heirs – the decedent’s children, a child of the decedent born after his/her death, the decedent’s

spouse and parents (adoptive parents).

An adoptee and his/her descendants, as the successors of the adoptive parent or his/her relations, shall be regarded

as equivalent to the adoptive parent’s children and their descendants. An adoptee shall no longer be deemed to be

an heir on intestacy of his/her parents and other biological relatives of an ascending line or after the death of

siblings.

Grandchildren, great grandchildren and great-great grandchildren shall be deemed to heirs on intestacy if, at the

time of opening the estate, their parent who ought to have been the heir of the decedent is no longer alive, and

shall equally inherit the share to which their deceased parent would have been entitled in a succession on

intestacy.

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Grandchildren, great grandchildren and great-great grandchildren cannot become heirs if their parents renounced

the estate. As the heirs of an adoptee and of his/her descendants, adoptive parents and their relatives shall be

regarded as equivalent to the adoptee’s parents and other biological relatives. The adoptee’s parents, other

biological relatives in the ascending line and siblings cease to be entitled to succession on intestacy after the death

of the adoptee or of his/her descendants.

II. Second degree heirs – the decedent’s siblings. The decedent’s nieces and nephews and their children shall be

deemed to be heirs on intestacy if, at the time of the opening of the estate, their parent who would have been the

decedent’s heir is no longer alive. They shall inherit equal shares of the estate, to which their deceased parents

would have been entitled in a succession on intestacy.

III. Third degree heirs – the grandparents, the great grandparents on mother’s side and on father’s side. The great

grandparents shall be deemed to be the heirs on intestacy if the grandparents are no longer alive at the time of

opening of the estate.

IV. Fourth degree heirs – uncles and aunts.

V. Fifth degree heirs – first cousins or, if they no longer exist, then their children.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1337 – Order of priority in a succession on intestacy

As long as a relative of a preceding degree survives, a relative of the subsequent degree shall not be entitled to

inherit.

Article 1338 – Rights of disabled persons in a succession

The disabled persons who were the decedent’s dependents and are unable to support themselves on their own may

claim maintenance from the estate if the will does not mention them. The amount to be paid as maintenance may

be reduced in consideration of the extent of the assets of the estate.

Article 1339 – Right of the surviving spouse to a share of the matrimonial property

The surviving spouse’s right of inheritance shall not apply to the part of the estate to which he/she is entitled from

the matrimonial property.

Article 1340 – Status of divorced spouses in an inheritance

A divorced spouse may not be an heir after the death of the other spouse.

Article 1341 – Disinheritance in the case of divorce

A spouse may be deprived of the right of succession on intestacy by a court decision if it is confirmed that the

marriage with the decedent had been effectively terminated for not less than three years prior to the opening of

the estate and the spouses had lived apart.

Article 1342 – Forfeiture of the right of inheritance because of the annulment of marriage

The surviving spouse shall forfeit the right of inheritance if there had been grounds for annulling the marriage

and the decedent had filed a legal action to that effect.

Article 1343 – Transfer of heirless estate to the State

1. If there are no legal heirs nor testamentary heirs, or if none of the heirs has received the estate, or if all the heirs

have been disinherited, the heirless estate shall be transferred into the ownership of the State, and if the decedent

depended on a specialised facility for elderly people or persons with disabilities, another social security institution,

and/or on a medical or a foster care facility, the estate shall be transferred into the ownership of the facility

concerned .

(the words in Article 1343(1): “and if the decedent depended on a specialised facility for elderly people or persons

with disabilities, another social security institution, and/or on a medical or a foster care facility, the estate shall be

transferred into the ownership of the facility concerned.” has been declared unconstitutional. The

unconstitutional norm shall be declared invalid from 1 July 2026) – Decision No 2/3/1395 of the Constitutional Court of

Georgia of 19 September 2025 – website, 23.9.2025

2. An heirless estate in the form of shares or interest in a business entity or a cooperative shall be transferred to

them, unless otherwise provided by law.

Law of Georgia No 2239 of 9 December 2005 – LHG I, No 54, 20.12.2005, Art. 360

Law of Georgia No 837 of 26 June 2025 – website, 3.7.2025

Decision No 2/3/1395 of the Constitutional Court of Georgia of 19 September 2025 – website, 23.9.2025

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Chapter Three

Testamentary Succession

Article 1344 – Concept

A natural person, for the occasion of his/her death, may will his/her property or a part of it to one or more heirs or

to others.

Article 1345 – Person who may be a testator

An adult person capable of contracting who at the time of making his/her will is able to reasonably judge his/her

actions and clearly express his/her wishes may be a testator.

Article 1346 – Making a will personally

A testator shall make a will personally. A will shall not be made through an agent.

Article 1347 – Joint will

A will shall contain the dispositions of one testator. A will may not made by two or more persons jointly. Only

spouses may jointly make a mutual will that may be revoked at the request of one of the spouses but only while

both spouses are still alive.

Article 1348 – Determination of shares by a testator

1. A testator may determine in the will each testamentary heir’s share in the estate, or indicate specific property to

be transferred to each heir. If the will contains no such specification, then the estate shall be equally divided

among the heirs.

2. If there are several testamentary heirs but the will specifies only one of testamentary heir’s share without

specifying the shares of the remaining heirs, then the remaining heirs shall receive the remainder of the estate in

equal shares.

Article 1349 – Distribution of estate among testamentary heirs

If a will designates several testamentary heirs and the property specified for one of the heirs encompasses the

entire estate, then all the testamentary heirs shall get equal shares.

Article 1350 – Inheriting the estate not covered by a will

If the share of testamentary heirs does not encompass the entire estate, then the estate not covered by the will

shall be governed by intestacy provisions, which shall also apply to the heirs on intestacy to whom a part of the

estate was left in the will, unless the will provides otherwise.

Article 1351 – Proportionate increase in the shares of testamentary heirs

If the heirs named in the will of the testator are to be the only heirs, then their portions shall be increased

proportionately, if each of them inherits a portion of the inheritance and the portions of the heirs do not exhaust

the entire estate.

Article 1352 – Inadmissibility of a third person’s involvement in determination of shares

When making a will, a testator may not assign another person to determine who should receive a share from the

estate and in what amount.

Article 1353 – Impossibility of precise identification of heirs

If a testator has designated a testamentary heir in a way that applies to more than one person and if it cannot be

determined which of them was meant by testator, then all those persons shall be regarded as heirs entitled to

equal shares.

Article 1354 – Deprivation of the right to testamentary succession

1. In his/her will a testator may disinherit one, some or all of his/her heirs on intestacy, and shall not be obligated

to indicate a reason for it.

2. A person deprived of the right of inheritance by a direct testamentary disposition may not be an heir on

intestacy to the share of the estate not covered by the will, even if the testamentary heirs renounce the estate.

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Article 1355 – Retaining the right of succession

Heirs on intestacy not mentioned in the will shall retain the right of succession to the part of the estate not

disposed of by the will; they shall also receive the property covered by the will, provided the testamentary heirs

are no longer alive or have all renounced the estate by the time the estate is opened.

Article 1356 – No intestate succession

If a will distributed the entire estate among testamentary heirs but at the time of the opening of the estate one of

the heirs is no longer alive, then intestate succession shall not arise, and the share of the deceased heir shall be

divided equally among the remaining heirs.

Chapter Four

Form of a Will

Article 1357 – Notarial form

1. A will shall be drawn up in writing. At the same time, a written will may be made in a notarial form or without

it.

2. A notarial form requires that the will be drawn up and signed by the testator and certified by a notary.

Law of Georgia No 6989 of 1 5 July 2020 – website, 28.7.2020

Article 1358 – Notarial will

1. A will may be recorded by a notary in the words of the testator in the presence of two witnesses. Generally

accepted technical facilities may be used to record a will.

2. The testator shall read the will recorded in his/her words by the notary and shall sign it in the presence of the

notary and the witnesses.

Article 1359 – Persons equivalent to a notary

The following persons shall be regarded as equivalent to a notary for authenticating a will:

a) the head physician, the head, their deputies in medical affairs and a doctor on duty in a hospital, infirmary,

another healthcare facility or a sanatorium, and the director or the head physician of a specialised facility for

elderly people or persons with disabilities, if the testator is under medical treatment or lives in one of such

facilities;

b) the head of a search, geographical or other similar expedition, if the testator is in such expedition;

c) the captain of a ship or pilot-in-command of an aircraft, if the testator is on board a ship or aircraft;

d) the commander (head) of a military unit, formation, establishment or school, if no notary is available where the

military units are stationed and if the testator is a military or a civilian serving in the military unit or a family

member of such military or civilian;

e) the director of a penitentiary institution, if the testator is in the penitentiary institution.

Law of Georgia No 2719 of 9 March 2010 – LHG I, No 12, 24.3.2010, Art. 56

Law of Georgia No 3532 of 1 May 2015 – website, 18.01.2015

Law of Georgia No 837 of 26 June 2025 – website, 3.7.2025

Article 1360 – Will signed by another person

If a testator is unable for any reason to sign the will himself/herself, another person may sign the will at his/her

request. At the same time, the reason, for which the testator was unable to sign the will, shall be indicated.

Article 1361 – Will of a deaf, illiterate deaf, blind or illiterate person

1. If a testator is deaf or illiterate deaf, a testamentary disposition must be prepared before a notary in the presence

of two witnesses and of a person who is able to explain to him/her the essence of the matter and confirm with

his/her own signature that the content of the will corresponds to the testator’s wishes.

2. If a testator blind or an illiterate person, a testamentary disposition must be prepared before a notary in the

presence of three witnesses and a special record must be made about it, and the text prepare must be read to the

testator.

3. The recorder and the reader may also be witnesses but the recorder shall not be the reader.

4. The record shall indicate who made the record and who read it to the testator. The record shall be signed by the

witnesses and authenticated by the notary.

Law of Georgia No 837 of 26 June 2025 – website, 3.7.2025

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Article 1362 – Witnesses to a will

Persons that may not be witnesses to a will are: minors, testamentary heirs or their lineal ascendants and

descendants, siblings, or a spouse, or a person charged with testamentary burden (legatee) may not be witnesses to

a will.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1363 – Confidentiality of a will

The notary, or another person who authenticated the will, the witness or the persons who signed the will in the

place of the testator may not disclose, prior to the opening of the estate, any detail on the content, execution,

change or revocation of the will.

Article 1364 – Holographic will

A testator may make his/her will in his/her own handwriting and sign it.

Article 1365 – Will deposited with a notary

1. A testator may hand over his/her holographic will in a sealed envelope to a notary (or other competent official)

in the presence of three witnesses, which shall be confirmed with signatures made on the envelope.

2. The safekeeping of such will shall be secured by officially depositing it with a notary (or other competent

official).

Article 1366 – Wills drawn up by using technical means

The text of a will may be produced by using generally accepted technical means but shall be signed by the

testator. In that case, the will shall be drawn up and signed by the testator in the presence of two witnesses who

shall attest that the will has been drawn up by using technical means in their presence. A witness shall attest to

the will immediately after the testator has signed it, by making the appropriate notes on the will and indicating

their names, surnames and places of residence in the presence of the testator and both witnesses.

Article 1367 – Closed will

1. If a testator so wishes, the witnesses shall attest to the will without reading its content (closed will). In that case,

the witnesses shall be present when the will is drawn up.

2. When attesting to a closed will, the witnesses shall indicate that the testator drew it up personally in their

presence but they themselves did not read the content of the will.

Article 1368 – Date of drawing up a will

A will shall indicate the date on which it was drawn up. The absence of the date shall result in the annulment of

the will only if the doubt cannot be extinguished as to the testator’s capacity to contract at the time of making,

amending or revoking the will, or where several wills exist.

Article 1369 – Disclosure of the content of a will to interested persons

After the death of the testator, the notary shall set a date and read the content of the will to the interested

persons, and appropriate minutes shall be made. If the envelope containing the will was sealed, a note on the

integrity of the seal shall be made.

Chapter Five

Appointing a Substitute Heir

Article 1370 – Substitute heirs

1. A testator may name in his/her will another heir (substitute heir) for the case where the heir designated by

him/her predeceases the opening of the estate, renounces the estate or is disinherited.

2. A testamentary heir may not renounce the estate in favour of the person designated as an heir of the person

who is not an heir to the estate.

3. Any person who can be an heir under Articles 1307-1309 may be a substitute heir.

Chapter Six

Compulsory Share

Article 1371 – Concept

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Regardless of the content of a will, the children, parents and spouse of a testator shall be entitled to compulsory

portion that shall be one half of the portion to which each of them would have been entitled by inheritance on

intestacy (compulsory share).

Article 1372 – A moment when the right to claim compulsory share arises

The right to demand a compulsory share shall arise from the moment when the estate is opened. The right shall be

inheritable.

Article 1373 – Calculating the amount of a compulsory share

The total amount of a compulsory share shall be calculated on the basis of the entire estate, including any property

intended for performance of the testamentary burden or of an action that is in the public interest.

Article 1374 – Determining the compulsory share of each heir

The compulsory share of each heir shall be determined by taking into account all heirs on intestacy that would

have been invited to receive the estate if there had been no will. Testamentary heirs shall not be taken into

account.

Article 1375 – Counting received property towards the compulsory share

A person entitled to a compulsory share shall be obligated to deduct everything that he/she received from the

testator during the testator’s lifetime, with the instruction to deduct the received property from his/her

compulsory share.

Article 1376 – Effects of renouncing the legacy

Where a legacy has been bequeathed to a person who is entitled to a compulsory share, he/she may claim the

compulsory share if he/she renounces the legacy; and if he/she does not renounce the legacy, he/she shall forfeit

the right to the compulsory share up to the value of the legacy.

Article 1377 – Allocation of a compulsory share from the assets not covered by a will

If a will does not cover the entire estate, then a compulsory share shall be allocated in the first place out of the

assets not covered by the will and, if they are not sufficient, shall be supplemented with the assets covered by the

will.

Article 1378 – Augmentation of a compulsory share at the expense of gifts

If the testator made a gift to a third person, then a person entitled to a compulsory share may claim, as an

augmentation of his/her compulsory share, the amount by which the compulsory share would increase if the

gifted thing were added to the estate. If by the time the estate is opened ten years has elapsed since the gift was

given, the gifted thing shall not be taken into account.

Article 1379 – Right to claim adjustment of a compulsory share

If the assets left by will to a person entitled to a compulsory share are less than one-half of the share that he/she

would have received in the inheritance on intestacy, he/she may claim the portion by which his/her share

received under the will is less than one-half of the share that he/she would have received in the inheritance on

intestacy.

Article 1380 – Renunciation of a compulsory share

1. An heir entitled to a compulsory share may renounce it but this shall not increase the compulsory shares of the

other co-heirs. His/her share shall accrue to the testamentary heirs.

2. A compulsory share shall be accepted or renounced within the time limits set for acceptance or renunciation of

estate.

Article 1381 – Deprivation of the right to forced shares

1. The right to a compulsory share may be deprived if there are reasons for disinheritance in general.

2. The testator may deprive an heir of the right to a compulsory share by applying to a court during his/her

lifetime.

3. The court decision on depriving the right to a compulsory share shall enter into force from the moment the

estate is opened. The same result shall apply when the decedent had applied to a court while he/she was still alive

but the court decision was made after his/her death.

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Article 1382 – Transfer of a compulsory share to testamentary heirs

The share of the heir who has been deprived of the right to a compulsory share shall pass to the testamentary

heirs.

Chapter Seven

Testamentary Burden (Legacy)

Article 1383 – Concept

A testator may charge an heir to perform an obligation in favour of one or more persons at the expense of the

estate (testamentary burden – legacy).

Article 1384 – Object of a legacy

The object of a legacy may be the transfer of things from the estate to the recipient of the legacy (legatee) into

his/her ownership, use or other real rights; purchase of such property that is not included in the estate and its

transfer to the legatee, performance of specific work or delivery of services to him/her, etc.

Article 1385 – Use of a dwelling on the basis of a legacy

A testator may charge the heir to whom a residential house, apartment or other dwelling devolves, to transfer the

right of life tenancy in the dwelling or its part to a person who lived together with the testator for not less than

one year prior to the opening of the estate. The life tenancy shall remain valid in the case of subsequent transfer of

title to the dwelling.

Article 1386 – Inalienability of the right of life tenancy

1. The right of life tenancy in a dwelling shall be inalienable and shall not devolve on the legatee’s heirs.

2. The right of life tenancy in a dwelling shall not serve as the basis for the legatee’s family members to reside in

the dwelling, unless otherwise provided for in the will.

Article 1387 – Scope of performance of a legacy

An heir charged with a legacy shall perform it to the extent of the actual value of the devised estate, minus the

part of the testator’s debts to be paid by the heir.

Article 1388 – Legacy performed by other heirs

If an heir charged with a legacy predeceases the opening of the estate or renounces the estate, then the obligation

to perform the legacy shall devolve on other heirs who received his/her share, unless otherwise provided for in

the will.

Article 1389 – Termination of the performance of a legacy

If an heir charged with a legacy dies, the obligation to perform the legacy shall be terminated if it cannot be

performed without his/her participation.

Article 1390 – Performance of a legacy proportionately to a share in the estate

If several heirs are charged with performing a legacy, each of them shall perform the legacy proportionately to

his/her share in the estate, unless otherwise provided for in the will.

Article 1391 – Time limits for performing a legacy

A legatee may claim the performance of a legacy within a limitation period of three years that shall be computed

from the day the estate is opened.

Article 1392 – Legacy when receiving a compulsory share

If a testamentary heir who is charged with performing a legacy is also entitled to a compulsory share, he/she shall

perform the legacy only to the extent of that part of the estate left to him/her in excess of the amount of the

compulsory share.

Article 1393 – Liability of a legatee

A legatee shall not be liable for the testator’s debts.

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Article 1394 – Renunciation of a legacy

A legatee may renounce the legacy. In that case, the corresponding part of the estate shall accrue to that heir who

will be charged with performing the legacy.

Article 1395 – Release from the obligation to perform a legacy

If a legatee renounces the legacy, the heir charged with performing the legacy shall be released from the

obligation to perform it.

Article 1396 – Devolution of a legacy to heirs

If a legatee dies after the opening of the estate and fails to consent to the acceptance of a legacy, then the right to

receive the legacy shall devolve to his/her heirs and they shall receive the legacy in his/her place.

Article 1397 – Legacy in the public interests

1. A testator may charge the heir to perform an action in the public interest that may be both property and non-

property in nature.

2. If the action involves property, then the legacy provisions shall apply.

3. If the heir charged under a will to perform an action in the public interest dies, the obligation shall devolve to

other heirs who accepted the estate.

4. The executor of a will or, if there is no executor, each heir, as well as any interested public and religious

organisation, foundation, state and municipal body may demand in a court that the heir perform the action with

which he/she was charged.

Law of Georgia No 6989 of 1 5 July 2020 – website, 28.7.2020

Chapter Eight

Changing and Revoking Wills

Article 1398 – Methods of changing a will

A testator may change or revoke a will at any time by:

a) drawing up a new will that explicitly revokes the former will or its part that contradicts the new will;

b) filing an application with a notary office;

c) destroying all the counterparts of the will or by instructing the notary to destroy all counterparts of the will.

Article 1399 – Inadmissibility of restoring revoked wills

A will revoked by a subsequent will may not be restored even if the subsequent will is later revoked by filing an

application.

Article 1400 – Several wills

If a testator has made several wills but they complement and do not fully substitute each other, then all the wills

shall remain valid. A prior will shall remain valid to the extent its dispositions are not changed by a subsequent

will.

Article 1401 – Priority of a notarial will

1. If a person has made several wills, one of which is made in a notarial form but the others are not, priority shall

be given to the notarial will.

2. A notarial will may not be revoked by a will of another form.

Article 1402 – Grounds for invalidating a will

A will shall be invalidated if:

a) the person in whose favour the will has been made predeceases the testator;

b) the devised property is lost during the lifetime of the testator or transferred by him/her;

c) a sole heir has renounced the estate.

Article 1403 – Invalidity of a will

1. A will shall be deemed void if the same circumstances exist that result in the invalidity of transactions in

general.

2. Testamentary dispositions that contravene law or public interest, as well as unclear or mutually contradictory

http://www.matsne.gov.ge 040.000.000.05.001.000.223

dispositions, shall be void.

3. A court may declare a will void if it was made in violation of the rules laid down by law or made by a person in

such circumstances where he/she was unable to comprehend the implications of his/her actions and to manage

his/her actions.

Article 1404 – Invalidity of individual testamentary dispositions

1. A testamentary disposition naming a person to inherit the thing that is not in the estate shall be void.

2. A testamentary disposition devising to anyone a sum of money that is not in the estate shall be void.

3. A testamentary disposition stipulating that an heir shall acquire the estate for a specified period or later, not

from the day of the testator’s death, or indicating a person on whom the estate is to devolve after the heir’s death

shall be void.

Article 1405 – Invalidity of a testamentary disposition due to the impossibility of its performance

A testamentary disposition that the heir cannot execute due his/her health condition or any other good cause may

be rendered void based on the heir’s claim.

Article 1406 – Effects of invalidity of one of the testamentary dispositions

If one out of several testamentary dispositions is void or invalidated and the testator has not made another

disposition, then the other testamentary dispositions shall remain valid.

Article 1407 – Receiving estate in the event of the invalidity of a will

If a will is declared void, the heir deprived of the right to inherit by the will may accept the estate on general

grounds.

Article 1408 – Contesting the validity of a will

Legal heirs and other interested persons may contest the validity of a will based on circumstances that cause the

invalidity of a transaction.

Article 1409 – Time limits for filing claims

1. A claim for declaring a will void shall be filed within two years from the day the estate is opened.

2. This limitation period shall not apply to the owner’s claim in the cases where the testator has wrongfully

devised another person’s property as his/her own.

Chapter Nine

Execution of Wills

Article 1410 – Executors of a will

If a will does not indicate an executor, it shall be executed by the testamentary heirs. By mutual agreement, they

may entrust the execution of the will to one of the heirs or to another person.

Article 1411 – Appointment of the executor of a will

In order to precisely execute his/her testamentary dispositions, a testator may name in the will one or several

executors of the will from among the testamentary heirs, as well as another person who is not an heir. In the latter

case the executor’s consent shall be required, which shall be expressed either by making a note about it in the will

or by a statement attached to the will.

Article 1412 – Refusal to execute a will

The executor of a will may refuse at any time to perform the duty assigned on him/her by the testator, by

notifying the testamentary heirs in advance.

Article 1413 – Appointment of an executor by a third person

A testator may entrust the appointment of an executor of a will to a third person who shall appoint the executor

of the will immediately upon the opening of the estate and notify the heirs. He/she may refuse to perform this

assignment and shall immediately notify the heirs.

Article 1414 – Execution of a will in full or in part

The executor of a will may be charged with executing the entire will or its individual dispositions.

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Article 1415 – Preservation and administration of estate

The executor of a will shall be obligated to preserve and administer the estate from the moment the estate is

opened; he/she may perform any actions necessary to execute the will. The heirs may not dispose of the estate

subject to the administration of the executor.

Article 1416 – Preservation and administration of an estate by several executors

If there are several executors of a will, some unilateral action shall be allowed only to preserve the estate. In other

cases, agreement among them shall be required.

Article 1417 – Reimbursement of the expenses of execution

1. The executor of a will shall perform the duty gratuitously but may also receive fee if so provided for in the will.

2. The executor shall be entitled to reimbursement from the estate of necessary expenses that he/she has incurred

for the preservation and administration of the estate.

3. An executor who is not an heir may not incur any expenses from the estate except as provided for in Article

1427.

Article 1418 – Executor’s report

After executing a will, the executor shall be obligated to present a performance report to the heirs at their request.

The executor shall perform his/her functions until all of the heirs receive the estate.

Article 1419 – Dismissal of an executor

If an executor defaults on his/her duty, an interested person may apply to a court to dismiss the executor.

Article 1420 – Liability of an executor

If an executor deviates, whether intentionally or by gross negligence, from his/her testamentary duties, thereby

inflicting damages on the heirs, he/she shall be liable for the damages.

Chapter Ten

Acceptance and Renunciation of Estate

Article 1421 – Acceptance of inheritance

1. An estate shall be accepted by an heir, whether it is an heir on intestacy or a testamentary heir.

2. The heir shall be deemed to have accepted the estate when he/she files a declaration of acceptance with a

notary office or when he/she comes into actual possession or administration of the estate, which proves beyond a

doubt that he/she has accepted the estate.

3. If an heir comes into a de-facto possession of a portion of the estate, he/she shall be deemed to have accepted

the estate in full, irrespective of its nature and location.

4. If one of the heirs renounces a share of the estate in favour of another heir, such act shall be deemed to be the

acceptance of the estate.

Law of Georgia No 2284 of 4 December 2009 – LHG I, No 45, 21.12.2009, No 329

Article 1422 – Acceptance of an estate by legally incapable persons, persons with limited legal capacity and

beneficiaries of support

1. Legally incapable persons and persons with limited legal capacity shall accept an estate through their legal

representatives.

2. A beneficiary of support shall accept an estate with the assistance of a supporter if the support was established

for the beneficiary of support under a court decision to exercise the property rights.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1423 – Acceptance of an estate through an agent

An heir may accept the estate in person or through an agent.

Article 1424 – Timeframe for accepting an estate

An estate shall be accepted within six months after the day that the estate is opened.

Article 1425 – Special period for accepting an estate

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If the right to receive an estate accrues where other heirs renounce their inheritance, the inheritance shall be

accepted within the remaining period of time set for the acceptance of an inheritance or, if the period is less than

three months, it shall be extended up to three months.

Article 1426 – Extension of time to accept an estate

1. A court may extend the time for accepting an estate if the causes for delay are considered valid. After the lapse

of the period, the estate may be accepted even without applying to a court if all the heirs accepting the estate

agree.

2. In the case provided for in paragraph 1 of this article, the heir who fails to accept the inheritance within the

specified period shall receive in kind the remaining part of the estate to which he/she was entitled, but which was

taken by other heirs or was transferred to the State; he/she shall also receive the value of the rest of the property

to which he/she was entitled.

Law of Georgia No 2239 of 9 December 2005 – LHG I, No 54, 20.12.2005, No 360

Article 1427 – Inadmissibility of disposing of the estate

An heir who comes into possession or starts administration of an estate without waiting for other heirs to appear,

may not dispose of the estate until the lapse of six months after the day of opening the estate or until he/she

obtains an inheritance certificate, except for expenses necessary for the care and medical treatment of the

decedent incurred during his/her illness, the decedent’s funeral, the maintenance of the dependents of the

decedent, the payment of wages, and the preservation and administration of the estate.

Article 1428 – Right to the income earned before a claim is filed

If an heir on intestacy who was unaware of the existence of a will came into possession of an estate and a

testamentary heir was unaware of the voidance of the will, or if heirs on intestacy or testamentary heirs were

unaware of the existence of other legally closer heirs on intestacy or of another will, then they shall retain the

income that they derived from the estate before a claim was filed; they may also claim the entire capital that they

invested in the estate.

Article 1429 – Effects of selling individual objects from the estate

If the objects included in the estate are sold before a claim is filed, the sale shall be deemed valid and remain in

force, and the proceeds of the sale of the objects shall be transferred to the real heir.

Article 1430 – Transmission of inheritance

If an heir dies after the opening of an estate but before accepting his/her inheritance, then the right to his/her

share of the estate shall devolve on his/her heirs (transmission of inheritance). The heirs of the deceased heir shall

accept the estate within the remaining time of the period set for acceptance of the estate. If this period is less than

three months, it shall be extended up to three months.

Article 1431 – Effects of non-acceptance of an estate through transmission of inheritance

1. Non-acceptance of an estate through transmission of inheritance shall not deprive an heir of the right to accept

the estate, to which the deceased heir was entitled.

2. If a person entitled to the estate refuses to accept the property by transmission of an inheritance, the property

shall accrue to the heirs who had been called to accept the estate together with the deceased heirs.

Article 1432 – Inventory of an estate

An heir may demand that the estate be inventoried, for which he/she shall be given a period of two months,

which shall be counted towards the total period set for acceptance of the estate.

Article 1433 – Origination of title to an estate

An accepted estate shall be deemed to be the property of the heir from the day of the opening of the estate.

Article 1434 – Timeframe for renouncing an estate

An heir may renounce the estate inheritance within three months after the day when he/she became aware or

ought to have become aware of the fact that he/she had been called to accept the inheritance. If there is a valid

reason, a court may extend this period, but for not more than two months. The renunciation of the inheritance

shall be documented at a notary’s office.

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Article 1435 – Inadmissibility of accepting part of the estate

1. An estate may not be accepted or renounced partially, and subject to a condition or stipulation as to time.

2. If an heir renounces part of the estate or stipulates any condition, he/she shall be deemed to have renounced the

estate.

Article 1436 – Renunciation of agricultural land by an heir

An heir who is not engaged in agriculture may renounce agricultural land, machinery, tools and livestock but this

shall not amount to renunciation of the inheritance in general.

Article 1437 – Acceptance of several shares from an estate

If for various reasons an heir is entitled to several shares from an estate, he/she may accept one share and

renounce others or renounce all of the shares.

Article 1438 – Renunciation of part of the estate

An heir may renounce the part of an estate to which he/she is entitled by accrual, regardless of the remaining part

of the estate.

Article 1439 – Renunciation in favour of other persons

An heir may renounce his/her inheritance in favour of other heirs on intestacy or testamentary heirs. The estate

may not be renounced in favour of persons who have been declared unworthy heirs or have been disinherited by

an explicit testamentary disposition. Other heirs may appeal such renunciation in court.

Article 1440 – Accrual where an estate is renounced

If an heir renounces an estate without stating in whose favour he/she makes such renunciation, then his/she share

shall accrue to the share of the heirs on intestacy called to the estate as heirs or, if the entire estate was distributed

by will, then it shall accrue to the share of the testamentary heirs, and shall be distributed among them

proportionately to their shares, unless otherwise provided for in the will.

Article 1441 – Renunciation of the estate by a sole heir

If the heir who renounced the estate is a sole heir in his/her grade of heirs, the estate shall devolve to the next

grade of heirs.

Article 1442 – Renunciation in favour of several heirs

If an heir renounces an estate in favour of several heirs, he/she may specify a share for each of them. In the

absence of such specification, his/her share shall be apportioned equally among the heirs in whose favour the

estate was renounced.

Article 1443 – Renunciation of an estate in favour of a grandchild

The estate may be renounced in favour of a grandchild if the parent who ought to have been the heir of the

decedent is no longer alive at the time of the opening of the estate or if the grandchild is a testamentary heir.

Article 1444 – No renunciation of the estate by the State

The State may not renounce an estate devolved to it.

Law of Georgia No 2239 of 9 December 2005 – LHG I, No 54, 20.12.2005, No 360

Article 1445 – Inadmissibility of renouncing an estate after filing an application with a notary’s office

The estate may not be renounced after an heir has filed with a notary’s office an application for accepting the

estate or for a certificate of inheritance.

Law of Georgia No 2284 of 4 December 2009 – LHG I, No 45, 21.12.2009, No 329

Article 1446 – Irreversibility of renunciation of the estate

1. An heir’s declaration of renunciation of estate shall be irreversible.

2. If an heir is a legally incapable person, or a person with limited legal capacity, or a beneficiary of support, the

estate may be renounced with a court’s permission.

Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015

Article 1447 – Renunciation in the case of de-facto possession of the estate

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An heir who came into a de facto possession of an estate or started its administration may renounce the estate

within the period of time set for the acceptance of the estate by filing a declaration of renunciation with a notary’s

office.

Article 1448 – Devolution of the renunciation right by succession

1. The right to renounce an estate shall devolve by succession.

2. If an heir dies before the lapse of the period of time set for the renunciation of the estate, then this period shall

not end until the lapse of time remaining after the death.

3. Each of several heirs of a deceased heir may renounce only his/her share of the estate.

Article 1449 – Renunciation of estate through an agent

The estate may be renounced through an agent if the mandate (power of attorney) specifically provides the right

to renounce.

Article 1450 – Period for contesting the acceptance of estate

The acceptance or renunciation of an estate may be contested within two months after the day when an interested

person obtained knowledge of the existence of the appropriate basis to do so.

Article 1451 – Time of occurrence of the legal effects of the acceptance of an estate

The legal effects of the acceptance or renunciation of an estate shall occur from the moment of the opening of the

estate.

Chapter Eleven

Partitioning of an Estate

Article 1452 – Concept

An estate shall be partitioned by agreement of the heirs accepting the estate, according to the shares to which they

are entitled by intestate or testamentary succession.

Article 1453 – Determination of the estate partitioning procedure by the testator

A testator may determine in his/her will the procedure for partitioning the estate; in particular, he/she may

entrust the partitioning of the estate to a third person. The third person’s decision shall not be binding upon the

heirs if it is manifestly inequitable. In that case, the partitioning shall be made by a court.

Article 1454 – Allocation of a share from estate in kind

Each heir may demand that his/her share be allocated in kind from both immovable and movable assets unless

such separation is impossible or prohibited by law.

Article 1455 – Counting advancements towards an heir’s share

When partitioning the estate, the value of any advancement received by an heir from the decedent during the

preceding five years up to the moment of opening the estate shall be counted towards the heir’s share.

(The normative content of Article 1455, which, in transferring property as a gift, provides for the counting

towards an heir’s share in the estate of the value of property transferred to the heir as a gift without the clearly

expressed will of the decedent as to counting the value of the property transferred as a gift towards the share in

the estate, was declared invalidated) – Decision No 2/3/1337 of the Constitutional Court of Georgia of 29

December 2020 – website, 30.12.2020

Decision No 2/3/1337 of the Constitutional Court of Georgia of 29 December 2020 – website, 30.12.2020

Article 1456 – Sale of the estate by agreement of co-heirs

By agreement of the co-heirs, the entire estate may be sold and the proceeds may be distributed among the heirs

according to their shares in the estate.

Article 1457 – Devolution of an estate to one co-heir

By agreement of the co-heirs, the entire estate may devolve on one of the co-heirs who, in turn, shall be obligated

to pay corresponding compensation to the other co-heirs.

Article 1458 – Suspension of the partitioning of an estate

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The coheirs may agree to suspend the partitioning of an estate for a certain period of time.

Article 1459 – Shared ownership in indivisible property

Unless otherwise determined by agreement of all the heirs accepting the estate, the asset the division of which

would disrupt or limit its economic function shall not be divided and shall become the common property of the

heirs according to their shares.

Article 1460 – Partitioning of agricultural land among heirs

1. If the owner devised the plot of agricultural land with a family household on it to several testamentary heirs or

if no will was made and there are several heirs on intestacy, then the plot of agricultural land and the family

household on it may be partitioned among the heirs, if the plot of land allocated to each heir as a result of such

partitioning ensures the existence of a viable household.

2. Partitioning shall be allowed only if the heirs intend to manage the farm themselves. If none of the heirs is

willing to manage the household, then the agricultural land and the household on it may be sold by agreement

and the heirs shall receive their shares in money.

Law of Georgia No 4851 of 25 June 2019 – website, 2.7.2019

Article 1461 – Inadmissibility of partitioning agricultural land

If agricultural land cannot be partitioned, then the land shall be allotted to the heir who has lived with the

decedent and managed the family household. In the absence of such an heir, the land shall be allotted to the heir

who is able and willing to manage the household.

Law of Georgia No 4851 of 25 June 2019 – website, 2.7.2019

Article 1462 – Compensation for a share

An heir who does not receive a plot of land shall receive the corresponding share from other property or, if such

other property is not sufficient, a corresponding compensation according to established procedures.

Article 1463 – (Deleted)

Law of Georgia No 4851 of 25 June 2019 – website, 2.7.2019

Article 1464 – Joint ownership of a family household

By agreement of the co-heirs, the land and the family household on it may remain their common property.

Law of Georgia No 4851 of 25 June 2019 – website, 2.7.2019

Article 1465 – Right of conceived heirs in the partitioning of the estate

1. If an heir has been conceived, the estate may be partitioned only after the heir is born.

2. If the conceived heir is born alive, the other heirs may partition the estate only by setting apart the share, to

which the heir is entitled. The new-born’s representatives shall be invited to take part in the partitioning to

safeguard his/her interests.

Article 1466 – Placing the liability for debt claims on one of the heirs

By agreement of the co-heirs, the liability for debts may be placed in full on one of the heirs in exchange for

giving him/her an accordingly increased share in the estate.

Article 1467 – Obligation to secure the receipt of a share

Each co-heir shall be obligated to make sure that the other co-heirs receive their respective shares. When a co-

heir acquires the right of claim as a result of partitioning, the other co-heirs shall be obligated to support the

solvency of the debtor according to their shares of the estate at the moment of partitioning or, if such obligation

has not yet fallen due, at the moment the obligation is performed.

Article 1468 – Proportionate reduction of shares

If the sum of the shares defined by a will is discovered to exceed the entire estate, the share of each heir shall be

reduced proportionately.

Article 1469 – Settlement of disputes over the partitioning of estate

If any disagreement arises among the co-heirs over the partitioning of the estate, the dispute shall be heard by a

http://www.matsne.gov.ge 040.000.000.05.001.000.223

court, which, in partitioning the estate, shall take into account the nature of the property to be apportioned, the

occupation of each heir and other specific circumstances.

Article 1470 – Right to dispose of a share

1. Each heir may dispose of his/her share in the estate. A contract under which one of the co-heirs disposes of

his/her share shall be certified by a notary.

2. A co-heir may not dispose of individual things from his/her share.

3. (Deleted).

Law of Georgia No 4744 of 11 May 2007 – LHG I, No 18, 22.5.2007, Art. 158

Article 1471 – (Deleted)

Law of Georgia No 4744 of 11 May 2007 – LHG I, No 18, 22.5.2007, Art. 158

Article 1472 – Satisfaction of creditors when alienating a share

If a share is alienated, the liability to satisfy the claims of the decedent’s creditors shall devolve on the acquirer

proportionately to the amount of the share acquired.

Article 1473 – Adjustment of advancements

The heirs called to accept the estate shall be obligated to have whatever they received from the decedent during

his/her lifetime as an advancement adjusted in the partitioning among the heirs, unless the decedent directed

otherwise.

Article 1474 – Duty to adjust advancements if a descendant does not inherit

If a descendant who would be obliged to adjust advancements as an heir ceases to be an heir before or after the

opening of the estate, the advancements made to him/her shall be adjusted by the heir who takes his/her place.

Article 1475 – Duty to adjust advancements in the case of special contributions

A descendant (relative of a descending line) who, as a result of his/her work in the household, occupation or

business of the deceased, of substantial financial contributions or in another way has to a particular degree

contributed to the preservation or increase of the property of the decedent, may, during the partitioning, demand

adjustment between the descendants who inherit as heirs on intestacy together with him/her who are claiming

the estate.

Article 1476 – Inadmissibility of demanding adjustment

No adjustment may be claimed, if appropriate payment was made or agreed for the descendant’s services, or if

based on the services provided, the descendant may assert a claim on other legal grounds.

Article 1477 – Demand for equitable partitioning

1. Based on the services provided and the value of the estate adjustment shall be made equitably.

2. In partitioning the estate, the amount of adjustment shall be deducted from the total value of the estate and

added to the share of the co-heir who is entitled to claim adjustment.

Article 1478 – Duty to search for heirs

If the location of some of the heirs is unknown, the other heirs shall be obligated to take reasonable measures to

locate and invite them to accept the inheritance.

Article 1479 – Effects of non-appearance of an heir

1. If an heir who has been invited to accept the estate, and who is absent but whose location has been determined,

does not renounce the estate within three months, then the other heirs shall be obligated to give him/her a notice

of their intention to partition the estate.

2. If such heir, within three months after receiving the notification, fails to inform the rest of the heirs on his/her

willingness to participate in the agreement on partitioning the estate, then the rest of the heirs may partition the

estate by mutual agreement and set apart the share of the absent heir.

3. If the absent heir cannot be located within six months after the opening of the estate, and there is no

information on his/her renunciation of the estate, the rest of the heirs may partition the property according to the

procedure laid down by paragraph 2 of this article.

http://www.matsne.gov.ge 040.000.000.05.001.000.223

Article 1480 – Preferential right of inheritance

Heirs who have a title to the assets jointly with the decedent shall have a preferential right to inherit the assets of

the joint property.

Article 1481 – Preferential right to receive a residential house

In partitioning the estate, the heir who had lived together with the decedent for not less than one year before the

opening of the estate shall have a preferential right to receive the residential house, apartment or other lodgings as

well as the articles of domestic use from the estate.

Article 1482 – Taking into account the property interests of heirs

In exercising the preferential right, the property interests of other heirs participating in the partitioning of the

estate shall be taken into account. If the property is not sufficient to give them the shares to which they are

entitled, then the heirs exercising the preferential right shall pay them a corresponding property or monetary

compensation.

Article 1483 – Deferment of compensation

At the request of the heirs exercising the preferential right, a court may defer, for a period of not more than ten

years, the payment of the compensation, taking into account the amount of the compensation.

Chapter Twelve

Satisfaction of Creditors by Heirs

Article 1484 – Liability of heirs to creditors

1. The heirs shall satisfy the interests of the decedent’s creditors in full but to the extent of the accepted asset

proportionately to the share of each heir.

2. If the decedent was a joint and several debtor for the debts devolved on his/her heirs, then the heirs shall be

liable jointly and severally.

3. The heirs receiving a compulsory share shall also be liable for the debts of the decedent.

Article 1485 – Burden of proof

The burden of proof that the debts of the decedent exceed the estate shall rest with the heir, except when the

estate has been inventoried by a notary.

Article 1486 – Liability for debts placed on heirs

A testator may place the liability for the entire debt or a part of it on one or more heirs.

Article 1487 – Obligation to notify creditors of the opening of the estate

If the heirs are aware of the existence of the decedent’s debts, they shall be obligated to notify the decedent’s

creditors of the opening of the estate.

Article 1488 – Time limits for creditors to present their claims

1. The decedent’s creditors shall present their claims to the heirs who received the estate within six months after

the day when they obtained knowledge of the opening of the estate, irrespective of whether or not the claims are

due.

2. If the decedent’s creditors had no knowledge of the opening of the estate, they shall present their claims to the

heirs within one year after the claims fall due.

3. Failure to comply with these rules shall result in the forfeiture of the creditor’s claim.

Article 1489 – Application of a general period of limitation

1. The limitation period for presentation of creditors’ claims shall not apply to the claims based on expenses

incurred for the care and medical treatment of the decedent’s last illness, the payment of wages, the funeral, the

preservation and administration of the estate, or to the claims of third persons for recognition of their title to the

estate and recovery of the property belonging to them.

2. General period of limitation shall apply to the claims referred to in paragraph 1 of this article.

Article 1490 – Postponement of performance

If a creditor’s claim is presented before it falls due, then the heir may postpone the performance until it falls due.

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Upon maturity, the creditor may demand the performance within the general limitation period.

Article 1491 – Priority of decedent’s creditors

The decedent’s creditors shall be given preference over the heir’s creditors in satisfaction of their claims.

Article 1492 – Liability of the State to creditors

If an heirless estate is transferred to the State, the State shall be liable for the decedent’s debts as an heir with the

corresponding part of the heirless estate.

Law of Georgia No 2239 of 9 December 2005 – LHG I, No 54, 20.12.2005, Art. 360

Article 1493 – Effects of the acceptance of an estate by a creditor

If the testator leaves the estate to a creditor by will, this may not be deemed a set-off against the creditor’s claim.

Article 1494 – Procedure for satisfaction of creditors

The heirs shall satisfy the creditors’ claims by a lump-sum payment unless otherwise stipulated by their

agreement.

Chapter Thirteen

Preservation of an Estate

Article 1495 – Concept

In order to safeguard the interests of absent heirs, legatees and the public, on the initiative of the interested

persons, of the executor of the will or on his/her own initiative, a notary shall take the necessary measures to

preserve the estate and shall do so until all the heirs receive their inheritance or until the period for acceptance of

the estate expires.

Law of Georgia No 2284 of 4 December 2009 – LHG I, No 45, 21.12.2009, Art. 329

Article 1496 – Duty of a notary office to preserve the estate

If the estate or its part is not located at the place of the opening of the estate, the notary’s office shall instruct a

notary’s office at the place of the location of the property to take measures for its preservation.

Article 1497 – Inventorying an estate

To preserve an estate, a notary’s office shall take an inventory of the estate and assign it for safekeeping to an heir

or another person; at the same time it shall take measures to locate the heirs who are not present at the place of

the opening of the estate.

Article 1498 – Appointment of an administrator of the estate

If an estate requires administration or if the decedent’s creditors have filed a claim, the notary’s office shall

appoint an administrator of the estate. An administrator shall not be appointed if at least one of the heirs has

accepted the estate or if an executor of the will has been appointed.

Chapter Fourteen

Certificate of Inheritance

Article 1499 – Concept

1. The persons invited as heirs may petition for a certificate of inheritance from the notary’s office.

2. Where so provided by law, it shall be obligatory to obtain a certificate of inheritance.

Law of Georgia No 2284 of 4 December 2009 – LHG I, No 45, 21.12.2009, Art. 329

Article 1500 – Period for issuing a certificate of inheritance

A certificate of inheritance shall be issued to the heirs at any time after the lapse of six months after the day of the

opening of the estate. The certificate of inheritance may be issued before the lapse of the six-months if the

notary’s office has a document evidencing that there are no heirs other than those applying for the certificate.

Article 1501 – Consent to entry into a certificate of inheritance

The heirs not accepting an estate within the time prescribed by law may be entered into the certificate of

http://www.matsne.gov.ge 040.000.000.05.001.000.223

inheritance with the consent of all the heirs who have accepted the estate. The consent shall be declared in

writing before the certificate of inheritance is issued.

Article 1502 – Issuing a certificate of inheritance to the heirs of an heir

If an heir who has been invited to accept the estate dies after the opening of the estate without accepting it within

the prescribed time, his/her heirs may obtain a certificate of inheritance on the estate remaining after the death of

the original decedent.

Article 1503 – Issuing a certificate of inheritance to co-heirs

A certificate of inheritance may be issued for the entire estate as well as for part of it. The certificate shall be

issued to all heirs jointly or to each of them separately, as they wish. A certificate of inheritance issued on one

heir’s portion of the estate shall not deprive the other heirs of the right to obtain a certificate of inheritance for

the remaining portion of the estate.

Transitional and Final Provisions of the Civil Code

Article 1504 – Entry of the Civil Code of Georgia into force

The Civil Code of Georgia shall enter into force from 25 November 1997.

Article 1505 – List of the invalidated laws

From 25 November 1997, the following shall be deemed invalid:

1. Law of the Georgian SSR of 26 December 1964 on the Approval of the Civil Law Code of the Georgian SSR

(Gazette of the Supreme Soviet of the Georgian SSR, 1964, No 36, Art. 662);

2. Law of the Georgian SSR of 18 June 1970 on the Approval of the Marriage and Family Code of the Georgian SSR

(Gazette of the Supreme Soviet of the Georgian SSR, 1970, No 6, Art. 96);

3. Law of the Georgian SSR of 4 June 1983 on the Approval of the Housing Code of the Georgian SSR (Gazette of

the Supreme Soviet of the Georgian SSR, 1983, No 6, Art. 199);

4. Law of the Republic of Georgia on the Right of Ownership of 15 July 1993 (Gazette of the Parliament of

Georgia, 1993, No 9-12, Art. 169);

5. Resolution of the Parliament of Georgia of 15 July 1993 regarding the Law of the Republic of Georgia on the

Right of Ownership (Gazette of the Parliament of Georgia, 1993, No 9-12, Art. 170);

6. Law of the Republic of Georgia on Lease of 24 May 1994 (Gazette of the Parliament of Georgia, 1994, No 18,

Art. 382);

7. Resolution of the Parliament of Georgia of 24 May 1994 on the Law of the Republic of Georgia on Lease

(Gazette of the Parliament of Georgia, 1994, No 18, Art. 383);

8. Law of the Republic of Georgia on Public Associations of Citizens of 19 June 1994 (Gazette of the Parliament of

Georgia, 1994, No 19, Art. 401);

9. Resolution of the Parliament of Georgia of 14 June 1994 on the Law of the Republic of Georgia on Public

Associations of Citizens (Gazette of the Parliament of Georgia, 1994, No 19, Art. 402);

10. Law of the Republic of Georgia on Pledges of 30 June 1994 (Gazette of the Parliament of Georgia, 1994, No 19,

Art. 423);

11. Resolution of the Parliament of Georgia of 30 June 1994 on the Law of the Republic of Georgia on Pledges

(Gazette of the Parliament of Georgia, 1994, No 19, Art. 424);

12. Law of Georgia on Lease of Agricultural Land of 28 June 1996 (Gazette of the Parliament, 1996, No 19-20);

13. Articles 32-54 of the Law of Georgia on Insurance of 2 May 1997 (Gazette of the Parliament, Legislative

Annex, 1997, No 21-22);

14. Article 7 of the Law of Georgia on Agricultural Land Ownership of 22 March 1996 (Gazette of the Parliament,

1996, No 007).

Article 1506 – Invalidated subordinate normative acts

1. All subordinate normative acts incompatible with the Civil Code of Georgia shall be deemed invalid.

2. The normative acts issued before the entry into force of the Civil Code by the President of Georgia, the

Government of Georgia or other bodies authorised under the Law of Georgia on Normative Acts shall be deemed

invalid if they otherwise regulate the relations governed by the Civil Code.

Article 1507 – Operation of the Civil Code in time

1. The Civil Code shall apply only to the relations arising after the enactment of this Code.

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2. With respect to relations that arose before the entry into force of the Civil Code, the norms of this Code shall

apply to the rights and duties arising from 25 November 1997.

3. The relations that arose on the grounds of the normative acts invalidated due to the entry into force of this

Code shall be regulated by these normative acts, except when the participants in the relations are willing to

regulate the relations between them according to this Code or if the Civil Code lays down new rules for

immovable things.

4. The acquisitive prescription defined in Articles 165-168 of this Code shall be computed from 23 July 1993 –

from the entry into force of the Law of the Republic of Georgia on the Right of Ownership.

Article 1507 1 – Guardianship and custodianship authorities in the transitional period

1. Functions of the guardianship and custodianship authority defined in Article 1278(1) of this Code shall be

discharged by the Ministry of Education and Science of Georgia until 1 January 2009 instead of the Ministry of

Labour, Health and Social Affairs of Georgia and/or the authorised institutions (organisations) within its system;

the functions of the local guardianship and custodianship authority shall be discharged by, the territorial body of

the Ministry of Education and Science of Georgia – the Education Resource Centre, also by the territorial bodies

of the respective Ministries of Education of the Autonomous Republics of Abkhazia and Ajara.

2. The procedure specified in Article 1278(2) of this Code shall be laid down by the Ministry of Education and

Science of Georgia until 1 January 2009. The Ministry of Education and Science of Georgia shall ensure its

approval by not later than 15 June 2008.

Law of Georgia No 5624 of 18 December 2007 – LHG I, No 48, 27.12.2007, Art. 414

Article 1507 2 – Application of the right to obtain the status of single parent to relationships originated before

entry into force of Article 1191 1 of this Code

The right to obtain the status of single parent under Article 1191 1 of this Code shall also apply to relationships

that originated between the period from 18 April 1996 to 1 January 2011, in particular to the cases when a child

born to a mother in unregistered marriage was granted the mother’s family name to be the father’s family name

and the father’s name was entered as the mother indicated.

Law of Georgia No 2892 of 11 December 2014 – website, 23.12.2014

Law of Georgia No 3422 of 1 April 2015 – website 7.4.2015

Article 1507 3 – Granting consent during transition period for the marriage of an underage person that has reached

17 years

1. The marriage of an underage person that has reached 17 years shall be permissible at his/her own will and only

with the consent of court when there is such a valid reason as the birth of a child.

2. This article shall lose effect from 1 January 2017.

Law of Georgia No 4649 of 16 December 2015 – website 28.12.2015

Article 1508 – (Deleted)

Law of Georgia No 2114 of 22 June 1999 – LHG I, No 26(33), 5.7.1999, Art. 134

Article 1508 1 – Status of persons declared legally incapable

1. The guardian of a person declared legally incapable by court before 1 April 2015 must apply to a court for

declaring the ward as a beneficiary of support and for conducting his/her individual examination within four years

as from 1 April 2015. Until that time the guardian shall, without hindrance, continue to perform his/her duties.

2. If a person declared legally incapable by court before 1 April 2015 is put in an inpatient psychiatric facility, the

facility must apply to a court for declaring the ward as a beneficiary of support and for conducting his/her

individual examination within two years as from 1 April 2015.

3. If a person declared legally incapable by court before 1 April 2015 is put in a specialised facility, the facility

must apply to a court for declaring the ward as a beneficiary of support and for conducting his/her individual

examination within four years as from 1 April 2015.

Law of Georgia No 3339 of 20 March 2015 – website 31.3.2015

Article 1508 2 – Legal regulation during the transition period in relation to persons declared legally incapable by

court before 1 April 2015, and their guardians

1. A person declared legally incapable by court before 1 April 2015 shall be deemed legally incapable until his/her

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individual examination, taking into account the content of regulations applicable before 1 April 2015.

2. Declaration of intent by a person declared legally incapable by court before 1 April 2015 shall be void if made

before his/her individual examination.

3. If a claim has been brought by a person declared legally incapable by court before 1 April 2015 that has no legal

representative, and/or the claim is directed against this person, then the period of limitation shall be deemed

suspended until his/her individual examination is conducted.

4. If a person declared legally incapable by court before 1 April 2015 causes damage to another person by a

wrongful act, the obligation to compensate for the damage shall not be imposed on the legally incapable person

until his/her individual examination is conducted. If a person has an obligation to supervise the legally incapable

person that has caused the damage, this person must compensate for the damage, except when the damage cannot

be prevented.

5. If either of the spouses adopts a child, the consent of the other spouse shall be required. Such consent shall not

be required when the other spouse is a person declared legally incapable by court before 1 April 2015 until his/her

individual examination is conducted.

6. The guardian of a person declared legally incapable by court before 1 April 2015 must, in case the ward has

recovered, immediately submit a request to court for recognising the ward as a beneficiary of support.

7. If the guardian of a person declared legally incapable by court before 1 April 2015 unduly performs the duty

imposed on him/her, the guardianship and custodianship authority shall relieve the guardian of his/her duty and

apply to a court for recognising the ward as a beneficiary of support.

8. If, when exercising guardianship, the guardian of a person declared legally incapable by court before 1 April

2015 acts out of self-interest, or leaves the ward without supervision and necessary assistance, he/she shall be held

liable under the procedure established by law.

9. The guardianship established for a person declared legally incapable by court before 1 April 2015 shall be

terminated if:

a) if the ward dies;

b) the court delivers a decision to recognise the ward as a beneficiary of support.

10. A person declared legally incapable by court before 1 April 2015 may not be a witness to a will until his/her

individual examination is conducted.

11. A person declared legally incapable by court before 1 April 2015 shall accept an estate through his/her legal

representative until his/her individual examination is conducted.

12. If the heir is a person declared legally incapable by court before 1 April 2015, an estate may be renounced with

the permission of court until his/her individual examination is conducted.

Law of Georgia No 3339 of 20 March 2015 – website 31.3.2015

Article 1508 3 – Obligations of a guardianship and custodianship authority during the transition period

A guardianship and custodianship authority shall:

a) within one year as from 1 April 2015, ensure that the database of persons declared legally incapable is updated

and is in compliance with this Code;

b) within six months after the database of persons declared legally incapable is updated, ensure that information

on duties determined under Article 1508 1 of this Code is communicated to guardians and psychiatric facilities and

that they are informed of the possibility of imposing administrative liability for non-performance of the duties;

c) within two years as from 1 April 2017, apply to a court for declaring a legally incapable person who is in an

inpatient facility as a beneficiary of support and for his/her individual examination; further, within one year as

from 1 April 2019, it shall apply to a court for declaring a legally incapable person who is not in an inpatient

facility as a beneficiary of support and for his/her individual examination unless the guardian, the legally

incapable person himself/herself, or the respective facility applies to a court for the above purpose.

Law of Georgia No 3339 of 20 March 2015 – website 31.3.2015

Article 1509 – Legal entities under private and public law

1. The following shall be regarded as legal entities under public law defined by the Civil Code:

a) the State;

b) municipalities;

c) legal persons created by the State on the basis of legislation or an administrative act, which are not established

in an organisational-legal form defined by the Civil Code or by the Law on Entrepreneurs;

d) state institutions and state foundations that are not created under the Civil Code or the Law on Entrepreneurs;

e) non-governmental organisations created on the basis of legislation for accomplishment of public objectives

http://www.matsne.gov.ge 040.000.000.05.001.000.223

(political parties, etc.);

f) the Legal Entity under Public Law (LEPL) – Georgian Apostolic Autocephalous Orthodox Church recognised

under the Constitutional Concordat of Georgia;

g) religious associations provided for in Article 1509 1 of this Code.

2. The following shall be regarded as legal entities under private law:

a) non-entrepreneurial (non-commercial) legal entities;

b) (deleted);

c) general partnerships;

d) limited partnerships;

e) limited liability companies;

f) joint-stock companies;

g) cooperatives.

Law of Georgia No 1807 of 19 February 1999 – LHG I, No 6(13), 4.3.1999, Art. 24

Law of Georgia No 1233 of 6 April 2005 – LHG I, No 18, 27.4.2005, Art. 110

Law of Georgia No 3967 of 14 December 2006 – LHG I, No 18, 22.12.2006, Art. 336

Law of Georgia No 5034 of 5 July 2011 – website, 6.7.2011

Law of Georgia No 6989 of 1 5 July 2020 – website, 28.7.2020

Article 1509 1 – Procedure for registration of religious associations

1. Religious associations may be registered as legal entities under public law.

2. Paragraph 1 of this article shall not limit the right of religious associations to be registered as non-

entrepreneurial (non-commercial) legal entities provided for in this Code, also to conduct the business as non-

registered unions provided for in this Code.

3. The Legal Entity under Public Law (LEPL) – National Agency of Public Registry within the Ministry of Justice

of Georgia shall conduct the registration of religious associations.

4. The Legal Entity under Public Law (LEPL) – National Agency of Public Registry within the Ministry of Justice

of Georgia may register as a legal entity under public law a religious denomination having a historical link with

Georgia or a religious denomination recognised as a religion by the legislation of the member states of the Council

of Europe.

5. The Law of Georgia on Legal Entities under Public Law shall not apply to a religious association registered as a

legal entity under public law.

6. The procedures prescribed for the registration of non-entrepreneurial (non-commercial) legal entities shall

apply to the registration of the religious associations provided for in this article and their rights shall be defined by

Chapter Two of Section One of this Code.

Law of Georgia No 5034 of 5 July 2011 – website, 6.7.2011

Article 1509 2 – Procedure for the registration of operating blood institutions (blood transfusion institutions/blood

banks) as non-entrepreneurial (non-commercial) legal entities

1. Blood institutions (blood transfusion institutions/blood banks) operating before the entry into force of this

article, which function in the form of entrepreneurial legal entities under private law in accordance with the Law

of Georgia on the Donation of Blood and its Components of 21 March 1995 and the relevant legal acts, may be

registered as non-entrepreneurial (non-commercial) legal entities. Following the transformation, the entities shall

continue to exist in its new legal form.

2. The National Agency of Public Registry shall register all entities as non-entrepreneurial (non-commercial) legal

entities if they file an application with the Agency on the ground provided for by paragraph 1 of this article,

provided that they meet the registration conditions, regardless of the limitation of the number of blood

institutions as provided for by Article 11(3) of the Law of Georgia on the Quality and Safety of Human Blood and

Its Components.

3. In the case of an application filed on the grounds provided for by paragraph 2 of this article, the competent

service of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social

Affairs of Georgia shall provide the National Agency of Public Registry with information on the functioning of

the entity (the holding by the entity of a licence for an industrial transfusiology activity) in accordance with

paragraph 1 of this article.

4. An institutions provided for by paragraph 1 of this article must be registered as a non-entrepreneurial (non-

commercial) legal entity before 1 September 2025. For the purposes of registering a non-entrepreneurial (non-

commercial) legal entity and regulating the liabilities of a transformed legal entity and the related property issues,

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procedures established by this Code and the Law of Georgia on Entrepreneurs for the reorganisation of an

enterprise shall be applied, taking into account the peculiarities required for the purposes of registration of a

non-entrepreneurial (non-commercial) legal entity.

5. The operating blood institutions (blood transfusion institutions/blood banks) as of 31 August 2025, which have

functioned in the form of an entrepreneurial legal entity under private law in accordance with the Law of Georgia

on the Donation of Blood and its Components of 21 March 1995 and the relevant legal acts, shall have the right to

get registered as a non-entrepreneurial (non-commercial) legal entity before 1 June 2026. If a blood institution (a

blood transfusion institution/a blood bank) applies to the National Agency of Public Registry on the said ground,

the provisions of paragraphs 3 and 4 of this article shall apply for the purposes of registration of that institution as

a non-entrepreneurial (non-commercial) legal entity, and regulation of its liabilities and the related property

issues.

Law of Georgia No 2399 of 15 December 2022 – website, 27.12.2022

Law of Georgia No 4339 of 27 June 2024 – website, 28.6.2024

Law of Georgia No 136 of 13 December 2024 – website, 29.12.2024

Law of Georgia No 1474 of 1 April 2026 – website, 1.4.2026

Article 1510 – (Deleted)

Law of Georgia No 3967 of 14 December 2006 – LHG I, No 48, 22.12.2006, Art. 336

Article 1511 – (Deleted)

Law of Georgia No 1860 of 19 March 1999 – LHG I, No 10(17), 1.4.1999, Art. 32

Law of Georgia No 3967 of 14 December 2006 – LHG I, No 48, 22.12.2006, Art. 336

Article 1511 1 – (Deleted)

Law of Georgia No 1051 of 25 February 2005 – LHG I, No 9, 17.3.2005, Art. 59

Law of Georgia No 3967 of 14 December 2006 – LHG I, No 18, 22.12.2006, Art. 336

Article 1512 – Apartment owners associations

Starting from 25 November 1997, housing-construction cooperatives as legal entities shall be deemed abolished.

The apartment owners associations under Articles 208-232 of this Code shall be deemed their legal successors. At

the same time, the liabilities of the State with respect to the housing-construction cooperatives created earlier

shall remain in effect.

Article 1513 – Ownership of homestead

Starting from the entry into force of the Civil Code, plots of land lawfully used by natural persons and on which

individual houses are situated, shall be deemed to be owned by these persons and shall be subject to the rules

prescribed by the Civil Code for immovable things.

Article 1513 1 – Opening of the estate of common property in a household

1. If title to a household is not registered in the Public Registry, the estate of common property in a household

shall be opened after the death of the last member of the household, provided that all the members of the

household indicated in the archival records of the Household Book are dead as of 1 August 2019.

2. If title to a household is not registered in the Public Registry, in the event of the death after 1 August 2019 of

the member of the household indicated in the archival records of the Household Book, the estate of his/her share

of the property shall be opened, regardless of whether he/she was the last member of the household.

3. After the registration of title to a household in the Public Registry, the property in question is the common

property of the members of the household and is subject to general rules established for co-ownership.

Law of Georgia No 4851 of 25 June 2019 – website, 2.7.2019

Article 1514 – Registration of immovable things in the transitional period

Until the office of the Public Registry is formed, plots of land shall be transferred on the basis of the land-

allotment deeds held in technical inventory bureaus or local government bodies. At the same time, starting from

25 November 1997, every new acquisition of a plot of land shall be registered with the service of the ledger of

estates (Public Registry) within the system of the land registration service. The State Department of Land

Management of Georgia shall ensure the creation of an appropriate service, the preparation of tabular register

forms for the Public Registry and the settlement of all organisational issues relating to the registration of the

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owners of immovable things that arise from the entry into force of the Civil Code.

Article 1515 – Ensuring the openness of registration details

Until the uniform office of the Public Registry is formed, technical inventory bureaus shall discharge the

functions assigned to the office under the Civil Code. The Ministry of Urbanization and Construction of Georgia

and the State Department of Land Management shall ensure the openness and accessibility of the data of the

Public Registry for any interested person.

Article 1516 – Teaching of the Civil Code

Before 25 November 1997, the Ministry of Justice of Georgia shall ensure:

a) settlement of all organisational issues within the Ministry necessary for the registration of foundations;

b) publication in the mass media of the registration details on the legal persons provided for by the Civil Code;

c) teaching of the Civil Code to the personnel of law enforcement agencies, other bodies of the executive

authorities and judicial bodies.

Article 1517 – Ensuring the introduction of banking service contracts

The National Bank of Georgia shall:

a) undertake the necessary measures for introduction of the banking service contracts defined in this Code so that

commercial banks ensure the opening of bank accounts and uninterrupted payments for organisational entities

that are not legal persons, namely, for apartment owners associations, non-registered unions and partnerships;

b) ensure the removal of restrictions on the opening of settlement accounts and other types of accounts by natural

persons so as to enable every natural or legal person to open the desired accounts and freely enter into the banking

service contracts provided for in this Code.

Article 1518 – Conclusion of contracts for utility services

Before 25 November 1997, the appropriate governmental and state-subordinated establishments shall ensure the

conclusion of service contracts with apartment owners and other consumers for gas, water, and electricity supply

and telephone services.

Article 1519 – Ensuring the uniformity of terms

The terms used in the Civil Code shall be used uniformly in all other legal acts.

Article 1520 – Organisational issues of introduction of the Civil Code

Before 25 November 1997, the President of Georgia shall ensure:

a) settlement, through the Council of Justice, of the organisational issues required for courts to register unions;

b) introduction of the Civil Code as a mandatory academic subject in all types of higher schools of law.

President of Georgia Eduard Shevardnadze

Tbilisi

26 June 1997

No 786-II ს

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