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:
- If the deceased was unmarried and without children: In this case, the estate is divided equally between the parents and the persons who cohabited with the deceased for at lest one year before their death. This refers to people who looked after the shared home or were dependent on the deceased for their basic needs.
If there are no parents, the estate is divided equally between the deceased’s brothers and sisters (if they do not inherit they will be replaced by their children) and the persons who cohabited with the deceased for at least one year prior to his/her death, and accordingly looked after the shared home or were dependent on the deceased for their basic needs.
Finally, the deceased’s grandparents inherit, in equal shares. If there are no grandparents, their children inherit in equal shares.
If none of the heirs claims the estate, it passes to the State.
- If the deceased was unmarried and leaves children: The whole estate is divided equally between the deceased’s children. If a child is predeceased, his/her portion reverts to the child’s descendants by line (in equal portions).
- The deceased leaves a spouse: In this case, the estate passes to the spouse, the parents and the persons who cohabited with the deceased for at least one year before his/her death, and accordingly looked after the joint home or were dependant on the deceased for their basic needs. The surviving spouse receives at least half of the estate; the remainder is shared equally between the other heirs.
- The deceased leaves a spouse and children: The children and spouse inherit first in equal shares. If a child is predeceased, his/her portion reverts to the child’s descendants by line (in equal portions).
Do partners of a registered or unregistered partnership inherit?
The Slovak Republic does not recognise any forms of partnership with legal effects equal to those of marriage.
Detailed information
In the absence of a will, the following principles apply:
- The deceased was unmarried and had no children:
In this case, the parents and persons who have cohabited with the deceased for at least one year before death, provided that these persons shared the home or were dependent on the deceased for their maintenance needs (see cohabitees later), inherit equal shares.
In the absence of parents, the deceased’s siblings (if they do not inherit, they are replaced by their children) and cohabitees inherit equal shares.
Lastly, the grandparents of the deceased, who inherit equal shares. In the absence of grandparents, their children inherit equal shares.
If none of the heirs takes over the inheritance, it goes to the State.
- The deceased was unmarried and leaves children:
The children of the deceased share the entire estate equally. If a child is predeceased, his/her share is devolved in equal shares to his/her descendants per stirpes (representation).
- The deceased leaves a spouse:
In this case, the spouse, parents and cohabitees inherit. The surviving spouse receives a minimum of half the estate, the others inherit equal shares.
- The deceased leaves a spouse and children:
The children and spouse inherit first, in equal shares. If a child is predeceased, his/her share is devolved in equal shares to his/her descendants per stirpes (representation).
What are the rights in the succession of partners of registered or non-registered partnerships?
There is no form of recognised partnership in the Slovak Republic with legal effects the same as those of marriage.
