Which is the competent authority?
Who should I contact?
Last update: 10/3/2012
The succession devolves to the heirs in accordance with a special procedure. A succession procedure is instituted, without a formal request by the heirs, once the death certificate has been sent to the Court of First Instance ( “okresni soud” ) by the registry of births, marriages and deaths. However, it may also be instituted at the express request of the heirs.
The succession procedure is carried out in its entirety by a civil law notary acting on behalf of the court as court commissioner. All civil law notaries carry out their duties for a district Court of First Instance. A key is used to determine which notary is competent for which succession procedure (for example the deceased’s date of birth). Therefore, it is not possible to choose which civil law notary to use for the succession procedure.
The competent court is determined according to the deceased’s last habitual residence. On that basis, the name of the competent notary acting as court commissioner will be communicated to you and you will be able to contact the civil law notary in question.
The succession procedure concludes with the notary’s decision as court commissioner.
If it is necessary to obtain proof abroad, in accordance with Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States on the taking of evidence in civil or commercial matters, the Court of First Instance has jurisdiction.
Detailed information
Which international rules of jurisdiction apply to the assets of a national or a foreign citizen?
In the case of a Czech national: Provided that an international treaty does not provide otherwise, the Czech courts have jurisdiction in succession matters when the property is situated in the Czech Republic (Sec. 44 of the Law No. 97/1963 Coll. “Act on Private International Law”).
In the case of a foreign national: Provided that an international treaty does not provide otherwise, Czech courts have jurisdiction over a non-national’s property in the following cases (Sec. 45 of the Law no. 97/1963 Coll.):
a) If the State of which deceased was a national
– does not surrender estate property of Czech nationals to Czech judicial authorities,
– or does not recognise the legal effects of the decisions of Czech judicial authorities, or
– refuses to institute inheritance proceedings or is silent in the matter,
b) The deceased had his/her last residence in the Czech Republic and an heir residing in the Czech Republic so requests,
c) Real estate situated in the Czech Republic is involved.
Which international rules of jurisdiction apply to the assets of the deceased if located abroad?
In the case of a Czech national: The jurisdiction of Czech courts is given only if such assets are surrendered to Czech authorities, or if the foreign state recognises the legal effects of such decisions of Czech judicial authorities (Sec. 44 of the law no. 97/1963 Coll.).
In the case of a foreign national: There is no jurisdiction of Czech courts.
Which authority is responsible for the succession procedure?
The Court of first instance in whose district the deceased’s last place of residence, last place of stay or property is located. (Sec. 9 and Sec. 88 i) of the Law no. 99/1963 Coll. “Civil Procedure Act”) has material and territorial jurisdiction. The Court entrusts a civil law notary in its district, according to the set scheme, to carry out all necessary acts in the succession procedure as a Court Commissionaire. Acts of a civil law notary in the capacity of a Court Commissionaire are considered acts of the Court (Sec. 38 of the Law No. 99/1963 Coll.).
How and by whom is the succession procedure instigated?
The Court commences the succession procedure any time they learn that a person has died (generally from a death certificate delivered by a registrar’s office), of their own motion (Sec. 175a para 2 of the Law No. 99/1963 Coll.).
How is the heir’s capacity checked?
After opening the succession procedure the entrusted Court Commissionaire carries out a so-called preliminary enquiry in order to find out basic information on the decedent, his/her possible heirs, his/her property and debts (Sec 175d par. 1 of the Law No. 99/1963 Coll.). On the basis of the information acquired during the preliminary enquiry, the Court Commissioner carries out further steps for verification and completion of the acquired information and for preparation of the hearing in the matter.
Can or must an inventory of the estate be drawn up?
In his/her capacity as a Court Commissioner, the civil law notary is required to draw up an inventory of the estate (Sec. 175m of the Law No. 99/1963 Coll.).
Is there a system regarding the administration of the succession?
In the Czech Republic, the estate of a deceased person passes to his/her heirs upon his/her death (Sec. 460 of the Law No. 40/1964 Coll.”Civil Code”). Until the final decision on succession becomes effective, the estate can be administered commonly by all the heirs. If there is common or considerable interest for the participants to the succession procedure, the Court may appoint an administrator of the estate in order to ensure management of the estate until the final decision on the succession is taken (Sec. 175r of the Law No. 99/1963 Coll.).
How is the succession procedure closed?
The succession procedure is closed by a final decision on succession issued by the civil law notary (acting as a Court Commissioner in the name of the competent court) (Sec. 175s of the Law No. 99/1963 Coll.).
How is the estate transmitted to the heirs/legatees?
As stated above, the estate of a deceased person passes to his/her heirs upon his/her death. In the final decision on succession the Court (the Court Commissioner) in principle approves the agreement on settlement of the succession or confirms the acquisition of the succession estates by the heirs according to their succession shares. The decision serves also as a basis for the registration of the change in relevant property registers.
