When a Czech resident dies without a valid will, the Civil Code determines who inherits and in what proportions. The law divides potential heirs into four groups (dědické třídy). Understanding which group you fall into is the first step in assessing your rights.
Intestate succession (dědění ze zákona) in Czech law is governed by Sections 1633–1641 of the Civil Code. Heirs are arranged in four classes; a lower-class heir only inherits if there are no heirs in a higher class.
CLASS I: DESCENDANTS AND SPOUSE
Children of the deceased inherit in equal shares. A surviving spouse also inherits in Class I alongside the children, taking an equal share with each child.
Example: the deceased leaves a spouse and two children → each receives 1/3.
If a child has predeceased the testator, that child's own children (the deceased's grandchildren) step into their parent's place (per stirpes representation).
CLASS II: SPOUSE, SIBLINGS, AND COHABITING PERSONS
If there are no Class I heirs:
• The spouse receives at least 1/2.
• Siblings of the deceased share the remainder in equal parts. If a sibling has predeceased, their children inherit their share.
• A person who cohabited with the deceased for at least one year before death and shared a household also inherits in Class II.
CLASS III: GRANDPARENTS
If there are no Class I or II heirs, the deceased's grandparents inherit in equal shares.
CLASS IV: GREAT-GRANDPARENTS' SIDE
If Class III produces no heirs, the great-grandparents' children (the deceased's great-aunts and great-uncles) inherit. Notably, the great-grandparents themselves do not inherit in Class IV – only their descendants do.
ESCHEAT (ODÚMRŤ)
If no heir is identified in any class, or all heirs disclaim the inheritance, the estate passes to the Czech state (the municipality where the real property is located for immovable property).
DISCLAIMER OF INHERITANCE (ZŘEKNUTÍ SE DĚDICTVÍ / ODMÍTNUTÍ DĚDICTVÍ)
An heir may disclaim their inheritance within one month of being informed by the notary of their right to disclaim. The time limit can be extended by the court. Disclaimer is irrevocable and causes the disclaiming heir's share to pass to the next in line.
IMPLICATIONS FOR FOREIGN RELATIVES
A foreign national who is a Class II, III, or IV heir may not be automatically notified by the Czech notary if the notary cannot locate them. It is advisable for foreign relatives to actively contact the notary handling the estate if they believe they may have a claim.