In the absence of a will, who inherits and how much?
Last update: 10/3/2012
Where there is no will, the following principles apply to the various scenarios, such as for example:
- If the deceased was unmarried and without children, the estate devolves to his/her parents, if they are still alive, and to the individuals having co-habited with the deceased under the same roof for a period of at least one year prior to his/her death and who cared for the deceased or were materially dependent on him/her ( “cohabitees” ).
- If the deceased was unmarried and leaves children, the succession is shared equally between the children.
- If the deceased leaves a spouse, the latter becomes the sole heir if the deceased leaves neither descendants nor parents.
- If the deceased leaves a spouse and children, the surviving spouse will only be a joint heir alongside the children. However, before sharing the estate, the spouse will receive, outside the succession procedure, half of the communal estate. The remainder is shared equally between the children. The portion of a predeceased child reverts to that child’s descendants by line (representation).
Do partners of a registered or unregistered partnership inherit?
Same-sex partners can register their relationship as a civil partnership. The surviving partner of such a partnership is treated in the same way as a surviving spouse. On the other hand, registered partnerships for couples of different sex do not exist under Czech law.
Detailed information
In the absence of a will, the following principles apply:
If the deceased was a unmarried and without children, the estate devolves to the parents and those who lived with the deceased in a common household at least one year prior to his/her death and who, for that reason, took care of the common household or were dependent on the decedent for their maintenance (“those who lived with the deceased in a common household”) (Sec. 474 of the Law No. 40/1964 Coll.).
If the deceased was unmarried and leaves children, the estate is divided equally among the children (§ 473 of the law no. 40/1964 Coll.).
If the deceased leaves a spouse, and no children, the estate devolves to the decedent’s spouse, the decedent’s parents and those who lived with the deceased in a common household. These heirs shall inherit in equal parts; however the spouse shall in any case inherit at least one half of the estate (Sec. 474 of the Law No. 40/1964 Coll.).
If the deceased leaves a spouse and children, then a decedent’s children and spouse inherit in the first order of succession; each of them in equal parts (Sec. 473 of the Law No. 40/1964 Coll.).
What are the rights in the succession of partners of registered or non-registered partnerships?
Registered partners (same sex couples only) have the same rights as spouses. They inherit in the first order of succession together with a decedent’s children; where the decedent’s descendants do not inherit, registered partners inherit in the second order of succession together with decedent’s parents and persons who lived with the deceased in a common household. (Sec. 473 and Sec. 474 of the Law No. 40/1964 Coll.) In the case of non-registered partnerships the partners inherit in the second order of succession if they lived with the deceased in a common household.
