If you live outside the Czech Republic and have inherited – or expect to inherit – property from a Czech relative, this guide explains everything you need to know: which law applies, what the Czech probate process looks like, what documents you need, and how PEERS can help you navigate it remotely.
Czech inheritance law is governed primarily by the Czech Civil Code (Act No. 89/2012 Coll., Sections 1475–1720) and, for cross-border cases, by EU Succession Regulation No. 650/2012. Together these rules determine who inherits, in what share, and under what procedure.
WHO HANDLES CZECH PROBATE?
Czech inheritance proceedings (řízení o pozůstalosti) are not conducted by a court but by a notary (notář) appointed by the district court. The notary acts as a court commissioner and has full authority to complete the proceedings and issue the final certificate of inheritance.
WHICH LAW APPLIES TO YOUR CASE?
Under EU Succession Regulation 650/2012, the law of the country where the deceased was habitually resident at the time of death governs the entire succession – both movable and immovable property. If your relative lived in the Czech Republic, Czech law applies even if they held nationality of another EU member state.
Exception: a testator may choose the law of their nationality (Article 22 of the Regulation). This choice must be made expressly in a valid will.
THE FOUR STAGES OF CZECH PROBATE
1. Opening – the registry office notifies the court of the death; the court appoints the notary commissioner.
2. Investigation – the notary identifies all heirs (by statute and/or will), inventories the estate, and invites creditors to file claims.
3. Conference of heirs (jednání o pozůstalosti) – heirs may attend in person or by a power of attorney holder. The estate is valued, debts are deducted, and heirs confirm or disclaim their shares.
4. Certificate of inheritance (usnesení o dědictví / osvědčení o dědictví) – the final decision that transfers legal title to the heirs.
DOCUMENTS FOREIGN HEIRS TYPICALLY NEED
• Death certificate of the deceased (apostilled if not Czech)
• Birth certificates proving kinship
• Identity document (passport)
• Power of attorney (notarised and apostilled) if you cannot attend in person
• Marriage or divorce certificates where relevant
• Any will or testament
PRACTICAL TIPS
• Language: all proceedings are in Czech. Documents in other languages must be accompanied by an official Czech translation.
• Deadlines: the notary will set a date for the heirs' conference. Missing it without an excuse can result in you being treated as having renounced your inheritance.
• Real property: title to Czech real estate does not transfer until the cadastre is updated after the certificate of inheritance becomes final.
• Taxes: inherited property in the Czech Republic is currently not subject to inheritance tax. Income generated by the property after the inheritance date is, however, taxable.