Representation in Probate Proceedings
I represent you in probate proceedings and advise on disclaiming an inheritance, reservation of inventory and the deceased's debts.
Free consultation →What I will do for you
Probate is conducted by a notary acting as court commissioner, whose job is to settle the matter impartially, not to represent your interests. I make sure you understand every step and do not lose your rights because of a missed deadline.
- ✓Representation in dealings with the notary acting as court commissioner
- ✓Assessment of whether to disclaim the inheritance or reserve the right to an inventory
- ✓Checking the deceased's debts and liabilities
- ✓Preparing an agreement on the division of the estate between heirs
- ✓Monitoring deadlines and reviewing the notary's progress
- ✓Representation if a dispute arises between heirs during the proceedings
How probate works and how long it takes
The registry office notifies the court of the death, and the court assigns a notary to act as court commissioner according to a schedule (Section 100 of Act No. 292/2013 Coll., on Special Court Proceedings). The notary first carries out a preliminary investigation, establishes the circle of heirs and whether a will exists, then draws up an inventory of the deceased's assets and debts and negotiates the division with the heirs. Proceedings end with a resolution on the inheritance. Without complications, this typically takes 3 to 6 months; disputes between heirs, an unclear will, debts, or assets abroad can extend it to a year or longer.
Disclaiming an inheritance, reservation of inventory and the deceased's debts
You do not have to accept an inheritance automatically, and you do not have to take on the deceased's debts without thinking it through. The law gives you two tools to protect yourself, both tied to a short and strict deadline.
- ✓Disclaiming the inheritance within 1 month of being notified by the court (3 months if abroad)
- ✓Reservation of inventory: liability for debts limited to the value of the assets received
- ✓Without this reservation you are liable for the deceased's debts without limit, even with your own assets
The notary's fee and when your own lawyer is worth it
The notary's fee as court commissioner is set by the notarial tariff (Decree No. 196/2001 Coll.) based on the gross value of the assets in the estate, the rate decreases as the value increases, with a minimum of CZK 2,000 plus VAT. The notary is impartial, however, does not represent the interests of any heir, and does not advise you on how best to protect your interests. Your own lawyer is worth it especially in the event of a dispute between heirs, the deceased's debts, an unclear or contested will, a foreign element in the estate, or if a share in a business forms part of the inheritance.
Who will handle your case
Ing. Mgr. Tomáš Beneš
Attorney registered with the Czech Bar Association, based in Prague.
Law degree from Charles University. I focus on business law, real estate and employment disputes. I handle every case personally, no assistants.
More about me →How we will work together
Describe your case
Fill in a short form or send me an e-mail. A few sentences about what happened and what you need to resolve are enough.
Send your documents
Attach the relevant documents (contracts, correspondence, notice of termination…). I accept everything securely online.
We'll discuss it by phone
I will study your case and call you within 48 hours with a proposal for the specific next steps, including the price.
You'll receive the solution by e-mail
You will receive the contract, filing or legal analysis by e-mail. Everything is done quickly and without unnecessary meetings.
Need advice?
Describe your case. You will get a concrete answer within 48 hours, completely free of charge.
Free consultation →