Power of Attorney for Czech Inheritance Proceedings: What You Need and How to Get It Right

A power of attorney (plná moc) is the standard mechanism by which foreign heirs authorise a representative to act on their behalf in Czech probate proceedings. WHAT AUTHORITY DOES THE POA NEED TO CONFER? For full representation in inheritance proceedings the POA should expressly authorise the representative to: • Represent the principal in all inheritance proceedings before the notary-commissioner and any court • Sign the record of the heirs' conference (protokol z jednání o pozůstalosti) • Accept or disclaim the inheritance on behalf of the principal • Sign the agreement on settlement of the estate (dohoda o vypořádání dědictví) if heirs agree to divide the estate differently from statutory shares • Receive and acknowledge documents A general POA for "all legal acts" is usually accepted but a specifically worded POA reduces the risk of the notary raising objections. FORMAL REQUIREMENTS The POA must: 1. Be signed by the heir (the principal) personally. 2. Have the signature officially verified (notarised). In most countries this means a local notary affixes a notarial certificate. 3. Bear an Apostille under the Hague Convention of 1961 if the POA is issued in a country that is a party to the Convention (which includes the US, UK, Germany, France, Australia, and most others). 4. Be accompanied by a certified Czech translation (done by a sworn translator). COUNTRIES WITHOUT APOSTILLE CONVENTION If the country of issue is not a party to the Hague Convention, the signature must be verified through the full legalisation chain: notary → competent state authority → Czech embassy or consulate in that country. HOW LONG IS THE POA VALID? Czech law does not impose a standard expiry on POAs. However, if the principal dies after granting the POA, it becomes void. The notary may also ask for a freshly signed POA if a substantial amount of time has passed. REMOTE NOTARISATION OPTIONS Several EU member states now allow video-link notarial authentication. Czech notaries also offer remote notarial services for some purposes, though for POAs it is generally the country of residence of the heir that handles the notarisation. TIMING Send the POA to your Czech lawyer well in advance of the heirs' conference. Translation and authentication can take two to four weeks; postal delays from remote countries add further time. Inform the notary immediately if there is a risk of delay – the conference can usually be postponed once.