Inheritance. If someone close to you dies, you are entitled to part of their estate. How large is that part? Will someone contact you about the inheritance, or do you need to take action and get in touch yourself? And what if you missed the division of the estate? How long do you have to claim your share afterwards?
How an inheritance is divided
An heir is usually a natural person, but it can also be a company or the state. The estate of the deceased (the testator) is divided according to the statutory order of heirs set out in the Civil Code. A written will or an inheritance contract overrides this order.
Classes of heirs
- class: children and the spouse (each in equal shares), registered partner; if a child has already died, the right passes to the grandchildren
- class: the spouse receives at least 1/2 of the estate, registered partner, the rest in equal shares to the parents and to people who lived with the deceased in the same household for at least 1 year; an unmarried partner cannot be the only heir in this group, so if the parents are no longer alive, this partner moves to the 3rd class
- class: siblings (if a sibling has died, their share passes to their children) and people who lived with the deceased in the same household for at least 1 year (if there are no descendants, spouse or parents)
- class: if there is no one in the higher classes, the grandparents inherit
- class: the great-grandparents inherit
- class: if no inheritance was claimed in the higher classes, the grandchildren of the deceased’s siblings and the children of the deceased’s grandparents (uncle, aunt) inherit
If no one is found in any class, the estate becomes ownerless (odúmrť) and the state inherits the deceased’s assets.
Is this your situation right now and are you due to inherit? You take either everything or nothing. For example, you cannot say that you will take the property but not the bank debt. So think carefully about whether you want the inheritance or not. If the debts are higher than the value of the movable and immovable property, it is better to refuse the inheritance.
You have 30 days to refuse the inheritance from the moment the court invites you to do so.
Where and who handles the inheritance
Once a death has been confirmed, the registry office issues a death certificate. The relevant office is determined by the deceased’s place of residence, and it informs the local court. The court appoints a notary to handle the probate proceedings. So if you are entitled to an inheritance but no one has contacted you, contact the district court for the area where the deceased lived. There, using the deceased’s name, date of birth and date of death, you can find out the case number of the probate proceedings and the name of the notary who is or was in charge of the inheritance.
How probate proceedings work
The appointed notary summons one of the heirs for a preliminary inquiry. This is usually the person who arranges the funeral and everything related to it. This heir should give the notary all the information they know about the deceased’s assets. They also report the other heirs.
After collecting the information, the notary verifies the data. The notary also has to find out whether a will or an inheritance contract exists. If no such documents exist, the estate is inherited according to an agreement between the surviving relatives or according to the statutory order of heirs mentioned above. The appointed official confirms, or tracks down, the other heirs in the central population register. They also check real estate in the land register, and account balances, debts and so on with banks.
After several months of collecting and verifying information, the final hearing takes place. All heirs are invited. The deceased’s entire estate is reviewed and an agreement on the settlement of the inheritance is drawn up.
Challenging an inheritance
Have you found out that you had a right to inherit, but somehow you were not invited? This can happen. Whatever your reason for disputing how the inheritance was divided, you can do so within 3 years of the settlement being drawn up. Within this period, file a claim for the release of the inheritance with the competent court. After 3 years, your right becomes time-barred and you are out of luck.
I want to disinherit someone
Is there someone in your close family you have a bad relationship with? Or do you dislike the idea of your incapable child managing assets you earned honestly and through hard work? Disinheriting someone is not entirely simple. If, for example, you want to disinherit your daughter or son, a will is not enough. This is especially true if they try to stay in touch with you and contact you now and then.
Reasons for disinheritance
- Failing to give the deceased necessary help in need
- Showing no interest
- Harming the testator (the deceased) or people close to them
- Domestic violence that leads to a divorce petition
- Drug use, alcohol abuse, criminal activity
Taxes and fees
You do not need to worry about tax on your new assets. It has been abolished. An inheritance is now exempt from income tax, but you should still include it in your tax return. What you cannot avoid, however, are fees. The notary’s fee is set as a percentage of the value of the inheritance. You may also have to pay other experts, for example a property valuer.
Conclusion
Whether you like it or not, inheritance causes disagreements in families. Arguments about who gets what and how much… Suddenly people’s hoarding instincts wake up. Even families that normally stick together can fall out. And those without very strong ties may stop seeing each other altogether. How can you prevent this?
Ideally, sort out how all your assets will be divided while you are still alive. Of course, death can come unexpectedly at any point in life. You cannot prevent that. But once you reach old age, try to deal with this in good time. Openly. With all your children. After all, you do not want your children to fall out and stop seeing each other after your death. But do not forget to protect yourself. In deeds of gift, include an easement (věcné břemeno) in your favour, or draw up an inheritance contract. I recommend dealing with these steps together with a lawyer.
