Inheritance in the Czech Republic: representation in probate proceedings, in English
A relative has died in the Czech Republic, or you are inheriting a house, a plot of land or a bank account there. Mgr. Barbora Surmanová, an attorney-at-law in the Czech Republic, represents you before the Czech notary, in English. In Znojmo, around 15 km from the border crossing at Hatě/Kleinhaugsdorf, or by video call.
Mgr. Barbora Surmanová is a Czech attorney-at-law (Czech Bar Association, No. 13930) with her office in Znojmo, South Moravia, at Rooseveltova 1011/39, about 70 km from Vienna and some 15 km from the Hatě/Kleinhaugsdorf border crossing. She represents heirs living abroad, in Austria and Germany among other countries, in Czech probate proceedings, in giving effect to the European Certificate of Succession and in registering title in the Czech land register. She works in English, at the office or by video call. She is admitted in the Czech Republic only.
Typical situations: who gets in touch
- A letter from a Czech notary, written in Czech and with a deadline.
- A house, a wine cellar or a field in South Moravia is to be transferred into your name.
- The proceedings are running in Austria or Germany, and part of the estate lies in the Czech Republic.
How probate proceedings work in the Czech Republic
Czech probate proceedings are conducted by a notary acting as court commissioner. The court assigns the notary under a fixed rota, so there is no choice of notary.
- Renouncing the inheritance: the deadline is one month from the date on which the notary informs you of your right to do so; for an heir who lives exclusively abroad it is three months (Section 1487 of the Czech Civil Code).
- Reservation of an inventory: without the reservation of an inventory (výhrada soupisu), heirs are liable for the debts of the estate beyond the value of what they inherit.
- The decision: the final and binding decision on the inheritance (usnesení o dědictví) corresponds to the Austrian Einantwortung; on the strength of it you are entered in the Czech land register (katastr nemovitostí).
The EU Succession Regulation and the European Certificate of Succession
Under EU Succession Regulation No 650/2012 (deaths on or after 17 August 2015), what counts is where the deceased was last habitually resident, rather than where the property lies. If they last lived in the Czech Republic, a Czech notary conducts the proceedings for the entire estate. If the proceedings took place in Austria or Germany, we use the European Certificate of Succession (evropské dědické osvědčení) to apply for your entry in the Czech land register; certified copies are valid for six months.
Documents, translations, tax
For a first assessment the basic details are enough: the death certificate, proof of your relationship to the deceased, any will, and an outline of the assets. Please send copies of documents by prior arrangement only; we obtain the land register extract ourselves.
- Certified translations into Czech are produced by a sworn translator with whom we work.
- Apostille: for many civil status documents from Austria and the rest of the EU it is not required (Regulation (EU) 2016/1191); we check the position in your case in advance.
- Tax: Czech inheritance tax was abolished at the end of 2013, and since 2014 acquisition on death has been exempt from income tax (Czech Income Tax Act). We do not give tax advice; questions about Austria or Germany are a matter for your tax adviser.
Inherited a house or land: land register, sale, escrow
Once the estate has passed to you, we take on everything that goes with the property:
- division of the property among co-heirs, or paying a co-heir out
- sale: a contract of sale under Czech law, the purchase price held in an attorney escrow account (recorded with the Czech Bar Association), and the application to the cadastral office
- closing Czech bank accounts once the certificate of succession has been produced
Who will represent you
Mgr. Barbora Surmanová, attorney-at-law, registered with the Czech Bar Association (ČAK) under No. 13930, IČO 72524243, Rooseveltova 1011/39, 669 02 Znojmo, in practice since 2011. She advises on Czech law; she is not admitted in Austria, Germany or the United Kingdom, and in those countries we work together with your notary or lawyer. The body responsible for the out-of-court resolution of consumer disputes is the Czech Bar Association (www.cak.cz).
Call: +420 776 253 056 →What clients usually ask
Do I have to travel to the Czech Republic for the proceedings?
No. With a power of attorney we represent you at every appointment with the notary; meetings are held by video call or at the office in Znojmo.
The Czech notary has set me a deadline. What should I do?
Send us a scan of the letter. We will tell you which deadline is running and which steps are open to you; we take over the representation before the notary once the power of attorney has been granted and the fee agreed.
How long do probate proceedings in the Czech Republic take?
That depends on the size of the estate and the number of heirs; a foreign element lengthens the proceedings because documents have to be served abroad and translated. You will get an estimate once we have gone through the papers.
What does it cost?
The notary's fee is set by the Czech notarial tariff and the value of the estate. We agree our own fee with you before we start; translations and land register fees come on top of that.
Are you admitted to practise in Austria, Germany or the United Kingdom?
No. Mgr. Barbora Surmanová is admitted solely in the Czech Republic (Czech Bar Association, No. 13930) and advises on Czech law, in English. Where the law of another country is involved, we work together with your notary or lawyer there.
The first step is a phone call
Telephone +420 776 253 056, we speak English. Or write to ak@surman.cz and you will hear back within two working days. The form on aksurman.cz is in Czech; your message may be in English.
Call now: +420 776 253 056 +420 776 253 056