When a person dies, the Czech court opens probate proceedings on its own (Section 138 of the Act on Special Court Proceedings). A notary carries them out as a court commissioner. If you are the only heir, there are no debts and nobody disputes anything, you may not need a lawyer. This page is for situations that are not that simple.
When a lawyer helps
- You live abroad. Proceedings, documents and hearings are in Czech. We act for you under a power of attorney.
- The heirs do not agree on who gets the apartment, the house or the money.
- A will appeared that leaves someone out or looks questionable.
- You are a child of the deceased and the will leaves you out, or you were disinherited.
- The estate has debts, or you do not know how large they are.
- There is real estate in the estate and the heirs do not want to own it together.
Deadlines for heirs living abroad
The court notifies each heir of the right to renounce the inheritance. The deadline is one month, or three months if the heir's only residence is abroad (Section 1487 of the Civil Code). Renouncing cannot be taken back. An heir who does not reserve an inventory of the estate pays the deceased's debts in full, even from their own assets (Section 1704). With the reservation, liability is limited to the value of what they inherit (Section 1706).
Send us the notary's letter as soon as you receive it. We will explain what it means and what to do before the deadline.
Wills and the forced share
A will can be handwritten, signed before two witnesses, or made as a notarial deed (Sections 1533, 1534 and 1537 of the Civil Code). Children of the deceased are entitled to a forced share even if the will leaves them out: three quarters of their statutory share if they are minors, one quarter if they are adults (Section 1643). Disinheritance is valid only on grounds set out in the law.
If heirs dispute the facts, the court refers one of them to file a lawsuit, with a deadline of at least two months (Section 170 of the Act on Special Court Proceedings).
Fees
- First consultation: €75, a flat fee with no time limit. If you then instruct us, it is credited towards further work.
- Standard rate €105 per hour. We agree the scope and costs in advance.
- The notary's fee for the probate proceedings is separate and paid by the heirs.
JUDr. David Rác handles every case personally. The office is in Prague 2, Pod Slovany 1888/12. Call 773 614 343, 7 days a week.
Frequently asked questions
Do I have to travel to the Czech Republic for the probate proceedings?
Usually not. With a power of attorney we can act for you before the notary and the court. Some documents may need to be signed with a certified signature, which can often be arranged abroad.
How long do Czech probate proceedings take?
A simple case usually takes several months. If the heirs dispute the will or who is an heir and the matter goes to court, it can take years.
Can I refuse an inheritance with debts?
Yes. You can renounce it within one month of the court's notice, or three months if you live only abroad. Renouncing is final. Alternatively you can reserve an inventory and pay debts only up to the value you inherit.
What does an inheritance lawyer cost?
The first consultation is €75 and is credited if you instruct us. Our standard rate is €105 per hour, and we agree the scope in advance. The notary's fee is paid separately by the heirs.