State legal aid

Who can get state legal aid?

The main condition is the financial situation: aid is available to a natural person who, at the time the aid is needed, cannot pay for a competent legal service, can pay only in part or in instalments, or whose financial situation after paying would not allow a basic subsistence (RÕS § 6 lg 1) [2]. When applying, the applicant must reside in Estonia or another EU member state, or be a citizen of Estonia or another EU member state; others receive aid only where an international obligation binding on Estonia requires it (RÕS § 6 lg 1¹) [2]. This requirement does not apply to a suspect, accused or person subject to misdemeanour proceedings referred to in RÕS § 6 lg 2 (RÕS § 6 lg 1¹) [2].

Regardless of their financial situation, aid is available, among others, to:

• a suspect or accused in criminal proceedings who has not chosen a defence counsel by agreement and whose case requires a defence counsel by law, or who requests one, except in the special cases set out in the Code of Criminal Procedure (RÕS § 6 lg 2) [2];
• a child in a child maintenance case (RÕS § 6 lg 2¹) [2];
• a victim with restricted active legal capacity in criminal proceedings, for example where the interests of the legal representative may conflict with the victim's (RÕS § 6 lg 2² p 1) [2];
• from 01.11.2026, also a victim in criminal proceedings whose significant interests and rights may remain unprotected without the help of an attorney (RÕS § 6 lg 2² p 4) [6].

State legal aid covers, for example, representation in civil, administrative, enforcement and review proceedings, defence in criminal and misdemeanour cases, drafting a legal document and other legal advice (RÕS § 4 lg 3) [1].

When is state legal aid refused?

The Act lists the grounds for refusal. Aid is not granted, among other cases, if (RÕS § 7 lg 1) [7]:

• the applicant is able to protect their own rights (p 1);
• the costs can be covered from existing property that can be sold without major difficulty (p 3);
• the costs are not expected to exceed twice the applicant's average monthly income, calculated over the four months before the application, after deducting taxes, compulsory insurance payments, maintenance obligations and reasonable housing and transport costs (p 4), and from 01.01.2027 three times the applicant's average monthly income (RÕS § 7 lg 1 p 4) [8];
• the applicant's chances of protecting their right are clearly slight (p 5);
• the dispute concerns the applicant's business and does not affect their rights unrelated to the business (p 7);
• the legal service is covered by legal expenses insurance or compulsory insurance (p 11).

The first restriction does not apply where the help of an attorney is clearly needed to resolve the case correctly, to ensure equality of the parties or given the complexity of the case (RÕS § 7 lg 3) [7]. According to the Supreme Court (Riigikohus), refusing an application under RÕS § 7 lg 1 p 1 must be reasoned (RK 2-18-6499/63) [9]. Aid may not be refused on the grounds in RÕS § 7 lg 1 where it is requested by a suspect, accused or person subject to misdemeanour proceedings referred to in RÕS § 6 lg 2 (RÕS § 7 lg 2) [7].

The financial assessment takes into account the property and income of the applicant and of family members living with them, the number of dependants and reasonable housing expenses (RÕS § 14 lg 1) [10]. A home in daily use and a necessary vehicle are not counted if they are in fair proportion to the family's size and income (RÕS § 14 lg 2) [10]. If the claim is against a family member living with the applicant, that person's income and property are not counted (RÕS § 14 lg 3) [10].

How do I apply?

Aid is granted on the basis of an application (RÕS § 9 lg 1) [11]. Where to file it depends on the situation:

• in ongoing court proceedings in a civil, administrative or misdemeanour case – with the court hearing the case (RÕS § 10 lg 1) [3];
• to draft a statement of claim, a petition or an appeal – with the court competent to hear it (RÕS § 10 lg 2) [3];
• for pre-trial representation, drafting a legal document or other advice – with the county court of the applicant's residence or seat, or of the expected place of the service (RÕS § 10 lg 3) [3];
• for representation in administrative proceedings – with the administrative court (RÕS § 10 lg 3¹) [3].

If a defence counsel is mandatory in a criminal case and the suspect has not chosen one, no application is needed (RÕS § 11 lg 1) [12].

The application states, among other things, a description of the problem, the type of aid requested, why the aid is needed and the possible benefit from the case (RÕS § 12 lg 1) [13]. It is filed in Estonian, in certain cases also in English; an application filed in another language widely spoken in Estonia is translated by the authority handling it (RÕS § 12 lg 5–7) [13]. A natural person attaches a signed statement of their financial situation; a suspect requesting the appointment of a defence counsel in criminal proceedings and a child applying for aid in a child maintenance case need not attach it (RÕS § 13 lg 1) [14]. Model forms of the application and the statement must be available on the website of the Ministry of Justice and Digital Affairs and in every court and law office (RÕS § 12 lg 3; RÕS § 13 lg 4) [13] [14].

An application filed outside court proceedings is decided by a county or administrative court (RÕS § 15 lg 2) [15]. An order granting or refusing aid can be appealed (määruskaebus) (RÕS § 15 lg 8) [15].

Will I have to pay it back?

The attorney may not demand a fee for providing state legal aid from the person to whom they provided the service in the case (RÕS § 24 lg 2) [16]. Whether you must reimburse the state depends on the method set by the court (RÕS § 8) [4]. The repayment obligation is set as a proportion or, where possible, as a specific amount (RÕS § 16 lg 1) [17]; the court may also require an advance payment, and without it no aid is given (RÕS § 16 lg 5) [17]. After the service ends, the court determines to what extent the fee and costs set for the attorney must be reimbursed to the state (RÕS § 25 lg 1) [18]. In criminal and misdemeanour proceedings, the fee and costs are reimbursed under the procedure of the Code of Criminal Procedure (RÕS § 25 lg 4) [18].

You need not repay if, in a civil case, the court costs are ordered against the opposing party – to the extent the opposing party bears them – if the administrative court grants your complaint or an administrative authority your challenge (to the extent granted), or if the administrative court terminates the proceedings by approving a compromise (RÕS § 27 lg 1) [19]. This release does not apply to the part of the costs caused by your failure to appear when summoned by the court or administrative authority without a lawful impediment, or by your culpable failure to comply with its mandatory demand (RÕS § 27 lg 3) [19]. If you were released from repayment on another ground and your financial situation improves significantly within five years after the aid ends, the court, on the application of the Ministry of Finance or an agency in its area of government, will order you to repay the costs (RÕS § 28 lg 1) [20]. A person who knowingly gave false information when applying, and would not have been released from repayment with correct information, is ordered to pay the costs in full with interest of six per cent a year (RÕS § 29 lg 1 and 2) [21].

What the law says

• „Riigi õigusabi on füüsilisele või juriidilisele isikule riigi kulul õigusteenuse osutamine käesolevas seaduses sätestatud alustel ja korras.“ [1] (translation: state legal aid is the provision of a legal service to a natural or legal person at the expense of the state on the grounds and in the manner provided by the Act; RÕS § 4 lg 1) – the state pays for the aid first.
• „Lapse elatise asjas saab laps riigi õigusabi oma majanduslikust seisundist sõltumata.“ [2] (translation: in a child maintenance case, the child receives state legal aid regardless of their financial situation; RÕS § 6 lg 2¹).
• „Riigi õigusabi andmine otsustatakse isiku taotluse alusel.“ [11] (translation: the granting of state legal aid is decided on the person's application; RÕS § 9 lg 1) – as a rule, no aid is given without an application.

What to do

1. Check whether you belong to those who receive aid regardless of their financial situation (RÕS § 6 lg 2–2²) [2]. A law office explains the grounds and procedure for state legal aid free of charge during its working hours (RÕS § 5 lg 2) [22].
2. Fill in the application: describe the problem, name the type of aid, explain why you need it and what you may gain (RÕS § 12 lg 1) [13]. Attach a signed statement of your financial situation and, where possible, evidence of it (RÕS § 13 lg 1) [14].
3. File the application with the right court or authority (RÕS § 10) [3]. If it reaches the wrong court, that court forwards it (RÕS § 10 lg 7) [3].
4. Answer the court's questions within the time it sets: aid is not granted to the extent not substantiated (RÕS § 14 lg 5 and 6) [10].
5. If the application is refused, consider an appeal (RÕS § 15 lg 8) [15]. If you are ordered to repay and the decision sets no deadline, you must pay within 15 days of the decision entering into force (RÕS § 26 lg 2) [23].

Frequently asked questions

Can I choose my own attorney?

In the application you may name the attorney you would like to receive the service from, if you have their consent (RÕS § 12 lg 1 p 6; RÕS § 13 lg 6) [13] [14]. The attorney providing state legal aid is appointed by the Bar Association on the basis of an order of the court, the prosecutor's office or the investigative body (RÕS § 18 lg 1) [5].

Can the provider be changed?

Yes, by agreement between you and the current attorney, another attorney who agrees to take over may continue the case (RÕS § 20 lg 1) [24]. The court removes the attorney, on your application or on its own initiative, if they have proved incompetent or negligent (RÕS § 20 lg 3¹) [24].

Does state legal aid also exempt me from the state fee?

In civil proceedings, state legal aid is the form of procedural assistance (menetlusabi) that concerns paying for an attorney's legal aid (TsMS § 180 lg 1 p 3 and lg 4) [25]. Exemption from the state fee or other court costs is a separate form of procedural assistance that the court may grant on application (TsMS § 180 lg 1 p 1) [25].

Does the aid continue on appeal?

Yes. The right of a person who received aid in court proceedings extends to the appeal or enforcement proceedings concerning the decision made in the same case (RÕS § 17 lg 3) [26].

What happens if I gave false information?

If a person knowingly gave false information when applying and would not have been released from repayment with correct information, the court orders them to pay the fee and costs in full plus interest of six per cent a year (RÕS § 29 lg 1 and 2) [21].