International Successions in Georgia: Conflicts of Law

Published on March 13, 2026 and written by Cyril Jarnias

International succession law in Georgia presents unique challenges, often marked by conflicts of law that raise complex issues. As Georgia increasingly positions itself as a crossroads between Europe and Asia, its legislation must adapt to the inheritances of individuals with cross-border ties. This dynamic gives rise to fascinating cases where national and international jurisdictions intersect, testing the principles of legal sovereignty. With the evolution of international relations, it has become crucial to examine how Georgia handles these delicate litigation issues, while maintaining a balance between traditional principles and the modern needs of global governance.

Understanding Georgian Legislation on International Succession in Cases of Conflict of Laws

Fundamental Principles of Georgian Legislation

Georgian legislation on international succession is based on conflict of law rules defined by the Civil Code. Georgian inheritance law distinguishes between movable and immovable property, applying separate rules to determine the applicable law.

Conflict of Law Rules

For immovable property, the applicable law is that of the place where the property is located. For movable property, the law of the deceased’s last domicile applies, unless the deceased expressly chose the law of their nationality. The nationality of the heirs does not directly influence the applicable law, except in exceptional cases provided for by international treaties.

Role of International Treaties

Georgia is a party to several conventions, including the 1989 Hague Convention on Succession, which harmonizes conflict of law rules. These treaties take precedence over domestic law in case of divergence, ensuring coordination between legal systems.

Determining the Applicable Law

In the absence of an express choice by the deceased, Georgian law favors the last domicile for movables and the location for immovables. If the deceased was a Georgian resident, Georgian law applies to the entire estate, except for immovable property located abroad.

Judicial and Administrative Procedures

Georgian courts have jurisdiction if the deceased had their last domicile in Georgia or if property is located there. Heirs must initiate a certificate of inheritance procedure with local authorities, who verify the applicable law and rule on the distribution of assets.

Conflict Resolution

In case of dispute, Georgian courts apply conflict of law rules and may resort to international expertise to interpret foreign provisions. Foreign decisions are recognized if they respect Georgian public policy principles.

Coordination with Foreign Systems

Georgia encourages international judicial cooperation, facilitating the enforcement of decisions and the management of cross-border estates. Notaries play a key role in administering estates involving international elements.

How Expatriates Can Approach Conflict of Laws in Successions in Georgia

Georgian Laws and Conflicts of Private International Law

In Georgia, successions are governed by the Civil Code, which provides for a specific distribution between legal and testamentary heirs. However, expatriates may face conflicts of law if their country of origin applies different rules, particularly regarding forced heirship or spousal rights. Georgia generally follows the principle of lex rei sitae for immovable property, while movable property may be subject to the law of the deceased’s domicile or nationality.

Determining the Applicable Law

To determine the applicable law, expatriates must examine the international conventions ratified by Georgia, such as the 1989 Hague Convention on Succession. In the absence of a treaty, Georgian courts may apply the law of the last domicile or the nationality of the deceased. It is crucial to verify whether Georgia recognizes choice of law clauses expressed in a will.

Conflict Resolution Mechanisms

Expatriates can resort to amicable settlements to avoid lengthy procedures, or to arbitration if the parties agree. Judicial proceedings offer a binding solution but can be costly and complex, especially in cases of divergence between Georgian and foreign laws.

Importance of Legal Expertise

Consulting a lawyer specialized in Georgian international and succession law is essential to anticipate conflicts. These experts can help interpret conflict of law rules and prepare documents valid in both legal systems.

Proactive Estate Planning

To minimize risks, expatriates should draft a will compliant with Georgian laws and, if possible, with those of their country of origin. Including explicit clauses on the applicable law and designating a local executor can simplify the process.

Practical Examples

A French expatriate owning real estate in Georgia might see their succession governed by Georgian law for that property, while their other assets would follow French law. Advance planning could have harmonized these rules through an adapted will.

Reviews of Complex International Succession Cases in Georgia

Main Issues of International Successions in Georgia

International successions in Georgia raise major challenges related to conflicts of law between legal systems. Determining the applicable law, recognizing foreign wills, and distributing assets located in several countries often complicate procedures. Differences between Georgian civil law and common law systems, for example, create uncertainties for heirs and courts.

Concrete Cases and Litigation

A notable case involved a deceased person owning property in Georgia and France. The heirs had to initiate proceedings before Georgian courts to assert their rights, while French authorities demanded the application of their own legislation. The dispute dragged on for years, going through the Tbilisi Court of Appeal before being partially resolved through an interpretation of international treaties.

Legal Criteria Applied by Courts

Georgian judges often rely on the principle of proximity to determine the applicable law, favoring either the nationality of the deceased or the location of the assets. Georgian private international law, influenced by the Hague Conventions, plays a key role, but gaps remain in harmonization with foreign legislation.

Practical Implications for the Parties

Legal practitioners must anticipate protracted delays and high costs associated with cross-border litigation. For heirs, a lack of legal clarity can lead to financial losses or family conflicts. Early estate planning, including local and international expertise, is often essential.

Recent Evolution of Case Law

Georgia has recently modernized its legal framework to better integrate international standards. Reforms have clarified the role of specialized courts in succession matters, while case law tends to favor a more pragmatic approach to conflicts of law. These changes reflect a desire to attract foreign investment by securing the transfer of assets.