Probate Step by Step

1. What happens after a death: from the registry office to the notary

You do not open probate proceedings yourself. As soon as the civil registry office (matrika) records the death in the register of deaths, it notifies the locally competent court, usually based on the deceased’s last permanent residence. The court then assigns, according to a pre-set case allocation schedule, a specific notary to act as court commissioner and handle the probate proceedings on its behalf.

• ✓you do not choose the notary, the court assigns one automatically, and a change is only possible for serious reasons
• ✓the notary usually sends you a letter asking you to attend a preliminary inquiry, or may first contact the person who arranged the funeral
• ✓in the meantime, I recommend gathering documents: birth and marriage certificates, account statements, property documents, insurance contracts, and information about debts

The notary acting as court commissioner exercises the same powers in the proceedings as a court: establishing the assets, calling hearings, confirming the inheritance. The final decision that closes the proceedings, however, is formally issued by the court.

2. The preliminary inquiry

At the preliminary inquiry the notary establishes two sets of information: who potentially qualifies as an heir, and what assets and debts the deceased left behind. You will be asked about family circumstances, whether a will exists, any earlier gifts of property to children, and an overview of accounts, real estate, or vehicles.

• ✓the notary also requests data directly from banks, the Land Registry (katastr nemovitostí), the vehicle register, and the central register of wills
• ✓if a valid will exists, the notary verifies it in the register and follows it when determining the circle of heirs
• ✓based on the information gathered, the notary schedules the final hearing, usually three to four months after the preliminary inquiry, and summons you to it at least 10 days in advance

The more precise the information you provide at the preliminary inquiry, the faster the notary can compile a complete list of assets and debts, and the sooner you will reach the final hearing.

3. Who inherits: a will, or the statutory order of succession

If the deceased left a valid will, it takes precedence over the statutory order of succession and determines who inherits what. Without a will, or if the will covers only part of the estate, the statutory order of succession under the Czech Civil Code applies, dividing heirs into six classes (Sections 1635 to 1641 of the Czech Civil Code). Only the nearest class that contains at least one heir inherits:

• ✓1st class: the deceased’s children and spouse, each in equal shares
• ✓2nd class: the spouse, who is always entitled to at least half of the estate, plus the deceased’s parents and persons who lived with the deceased in a shared household for at least one year. These heirs share the remaining half (or, if there is no spouse, the entire estate) in equal parts
• ✓3rd class: the deceased’s siblings and persons who lived with the deceased in a shared household for at least one year
• ✓4th class: the deceased’s grandparents
• ✓5th class: the deceased’s great-grandparents, i.e. the grandparents of their parents
• ✓6th class (applies only if no one from the 5th class inherits): the children of the deceased’s siblings’ children (great-nephews and great-nieces) and the children of the deceased’s grandparents (aunts and uncles)

Even where a will exists, certain descendants are entitled to a mandatory share as heirs who cannot be omitted entirely; a will cannot leave them out completely, only limit the extent of what they receive. If a will is disputed, or if an heir challenges its validity, I recommend a consultation before the final hearing at the notary.

4. The deceased’s debts and the reservation of inventory: key advice

The deceased’s debts pass to the heirs together with the assets. If an heir does not assert the reservation of inventory, they are liable for the deceased’s debts in full, even if they exceed the value of what was inherited. The law, however, gives every heir a right that cannot be waived or limited by a will: the reservation of inventory under Section 1674 of the Czech Civil Code.

An heir who asserts the reservation of inventory may also, before the inheritance is confirmed, propose that the court call on the deceased’s creditors to file their claims within a set deadline. Until this procedure ends, you have no obligation to satisfy the creditors, which gives you time to verify what debts actually exist.

5. Disclaiming an inheritance: the one month deadline

If the deceased is demonstrably over-indebted and the reservation of inventory would not resolve the situation (typically when, even after settling debts up to the value of the inheritance, you want nothing to do with the estate at all), you can disclaim the inheritance. Under Section 1487 of the Czech Civil Code you have one month from the day the court notified you of the right to disclaim and of the consequences of disclaiming.

• ✓if you live abroad, the deadline is extended to three months
• ✓for serious reasons the court may reasonably extend the deadline, but you must apply for the extension before it expires
• ✓this is a substantive limitation period: once it lapses in vain, the right to disclaim the inheritance is lost, and missing it cannot be excused

Disclaiming is irrevocable and must cover the entire inheritance, you cannot disclaim only the debts while keeping the assets. Before you decide, I recommend first considering the reservation of inventory, under which you bear the risk of debts only up to the value of the inherited assets, while still keeping any remaining balance of the estate.

6. Agreement among the heirs and confirmation of the inheritance

If there are several heirs, they usually agree at the final hearing on how to divide the assets among themselves. The agreement on settling the inheritance must cover the entire estate, and every heir must agree to all of its terms; the notary approves it as a whole, not in parts. If the agreement complies with the law and does not harm anyone’s rights, the notary approves it and the court confirms the inheritance (Section 1690 of the Czech Civil Code) in favor of whoever did not disclaim the inheritance and has, based on the course of the proceedings, the best right of inheritance.

If the heirs cannot agree, the court decides on the size of the shares according to the statutory order of succession or the will. Disputes are most common over real estate that cannot realistically be divided, or over a family business. In such a situation I will help you negotiate an agreement or represent you if the matter goes to court.

7. How much probate proceedings cost

Heirs do not pay a court fee, but they do pay the notary’s fee as court commissioner. It is calculated under the notarial tariff (Decree No. 196/2001 Coll.) as a percentage of the value of the assets found:

• ✓on the first CZK 500,000: 2%, but at least CZK 2,000
• ✓on the amount from CZK 500,000 to CZK 1,000,000: 0.9%
• ✓on the amount from CZK 1,000,000 to CZK 3,000,000: 0.5%, with the rate decreasing further for higher amounts

VAT and out-of-pocket expenses are added to the fee, for example an expert appraisal of real estate or postage. As a rough guide, for a flat worth around CZK 5 million the notary’s fee comes to tens of thousands of crowns, but only the notary can reliably calculate the exact amount based on the assets actually found.

8. How long probate takes and when it is time for an attorney

Without complications, and where the heirs agree, a notary can typically close probate proceedings within roughly 4 to 6 months of the death. The final hearing is usually scheduled around three to four months after the preliminary inquiry. Proceedings take longer if an expert appraisal is needed, if the heirs cannot agree, or if the scope of debts is unclear.

I recommend bringing in an attorney especially in these situations:

• ✓the heirs cannot agree on dividing the assets, or one of them challenges the validity of a will
• ✓the estate includes a company, a business share, or real estate, where settlement is more complex
• ✓you are not sure about the scope of the deceased’s debts and are weighing the reservation of inventory or disclaiming the inheritance
• ✓there is a foreign element among the heirs, an heir living abroad, or assets outside the Czech Republic

In simpler cases, with a single heir and clear assets, you can manage without an attorney, the notary will guide you through the process alone. But as soon as you feel that something is getting complicated, I recommend a consultation before the final hearing, not after you have already signed the agreement.

Frequently asked questions about probate proceedings

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.

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