How and when does one become an heir?
Last update: 10/3/2012
According to the legal system of the Slovak Republic, inheritance is gained upon the death of the testator. But no one may receive an inheritance arbitrarily. So formally an heir may only take ownership of an inheritance on completion of the inheritance proceedings. A notary conducts the entire inheritance proceedings, which constitute a judicial action, acting by virtue of a court authorisation and in the name of the court. The inheritance proceedings conclude with the issue of an inheritance certificate. However, within 15 days of receipt of the inheritance certificate, a participant may ask the court for a continuation of the inheritance proceedings. If the request is not submitted in time, the inheritance certificate acquires the effects of a valid inheritance resolution. An inheritance certificate loses its validity if a request is submitted in time, and the court continues in the action, disregarding its issue. The inheritance does not need to be expressly accepted. It is vested in the heir even without express acceptance, unless it is renounced within the prescribed time.
Detailed information
How and when does one become an heir?
When the succession is opened (death of the deceased), the succession property (of the deceased’s estate) is devolved directly to the heir without any procedure. The heir only fully acquires the succession after legal closure of settlement of the succession, i.e. after the judicial order (or certificate of inheritance) has taken effect. It is not necessary to accept the succession formally. The estate is devolved to the heir without express acceptance by the heir on condition that the succession has not been refused within a certain time limit.
Is it possible to renounce a succession?
The heir can refuse the succession by express or written renunciation before a court/before a judicial commissioner within a month of the day he/she was informed by the court/judicial commissioner of the consequences of his/her renunciation of the succession. The court can prolong this deadline for serious reasons. In the event that the heir does not have full legal capacity, the succession can be refused by his/her legal guardian, with the court’s agreement.
Are the heirs and co-heirs liable for the deceased’s debts?
The heir is responsible for the deceased’s debts up to the value of the inheritance acquired. If there are several heirs, they are answerable for the debts of the succession proportionally up to the value of the inheritance that has actually been acquired. The co-heirs are not jointly liable, but they can agree on different liability within the framework of the succession’s settlement. Such a convention is submitted for the creditors’ agreement. The creditors must, at this stage in the procedure, take part in the proceedings.
