Inheritance

Inheritance law essentially governs the transfer of a deceased person’s property (the estate) to their legal successors. Inheritance is governed by the Inheritance Act (ZD), which, among other things, regulates the general principles of inheritance law, intestate succession, testamentary succession, the transfer of the estate to the heirs, probate proceedings, etc. Almost everyone encounters inheritance law at least once in their life. Inheritance law is often quite a sensitive area, as disputes frequently arise between family members, especially in cases of testamentary succession (inheritance under a will), with which descendants (those who are excluded from inheritance or receive a smaller share) often disagree.

Intestate succession – where the deceased has not made a valid will, intestate succession applies, under which the deceased is succeeded by their descendants, their adopted children and their descendants, their spouse, their adoptive parents and their relatives, their brothers and sisters and their descendants, and their grandparents and their descendants. These persons inherit according to the orders of succession, whereby heirs of a closer order of succession exclude persons of a more distant order from inheritance.

Unmarried partner – a spouse and an unmarried (cohabiting) partner are treated equally in inheritance if the partners lived in a long-term life partnership and there are no reasons for which a marriage between them would be invalid (Article 4a of ZD).

Testamentary succession – where the deceased has drawn up a will during their lifetime. By a will, the validity of which requires compliance with certain conditions laid down in the Inheritance Act, the testator expresses their wishes, but is subject to certain restrictions regarding respect for the rights of forced heirs.

Forced heirs – the persons who would inherit under intestate succession if there were no will, namely the deceased’s descendants, their adopted children and their descendants, their parents and their spouse. The deceased’s grandparents and brothers and sisters are forced heirs only if they are permanently unable to work and lack the necessary means of subsistence.

Compulsory share – the part of the estate that the testator cannot dispose of. For descendants, adopted children and their descendants and the spouse, it amounts to one half, and for other forced heirs to one third of the share they would receive under intestate succession (Article 26 of ZD).

Probate hearing – conducted under the rules of non-contentious proceedings after the death of a person who left property. If the death record shows that the deceased left no property, or left only movable property and none of the heirs requests a probate hearing, no hearing is held. In practice, the probate hearing is a hearing at which the court deals with all relevant questions concerning the estate, the heirs, the size of the inheritance shares, etc.

Our company provides legal advice and assistance on all questions of inheritance law:

• drawing up a will (e.g. a written will before witnesses under Article 64 of ZD) and advice on disposing of property,
• explanations regarding intestate and testamentary succession, forced heirs and the compulsory share,
• preparation for the probate hearing and preparation of declarations of inheritance, declarations of renunciation of inheritance and other submissions,
• advice on dividing the estate among the heirs.

Where the law requires a notarial record or representation before a court is necessary, we help you work with a notary or an attorney (odvetnik).