Home/Services/Inheritance (probate) proceedings
Inheritance (probate) proceedings
Proceedings before a court or a notary can be stressful. We will gladly guide you through the whole process, inform you in advance about its individual stages and about what to bring with you to the notary.
Scope
What is dealt with in the proceedings
The estate includes both the deceased's assets and debts. The proceedings therefore ascertain in particular:
- real estate — flats, houses, land and shares in them,
- money in accounts, deposits and cash,
- vehicles and other movable items of greater value,
- ownership interests and participation in companies,
- the deceased's receivables,
- property belonging to the spouses' community property (bezpodielové spoluvlastníctvo manželov, BSM), which is settled first.
If assets come to light only after the proceedings have ended, they are dealt with in supplementary proceedings. Today, through the information system of the Chamber of Notaries (Notárska komora), the notary has electronic access to several institutions, which thus provide assistance simply and efficiently.
Even so, it is crucial to communicate with the notary and inform them of the extent of the deceased's assets, because without such cooperation the notary has no way of learning about the assets and therefore cannot include them in the inheritance proceedings.
Inheritance proceedings are, moreover, court proceedings — failing to communicate with the notary as judicial commissioner has the same consequences as failing to communicate with a court: the proceedings are prolonged, and assets the notary does not learn about cannot be dealt with.
Court proceedings, but non-contentious. Inheritance proceedings are court proceedings with all their features — the notary conducts them as a judicial commissioner authorised by the court. At the same time, they are non-contentious: they do not serve to resolve disputes between heirs. Disputed issues are resolved by the procedure laid down by law, usually in separate court proceedings.
Procedure
The proceedings step by step
Authorisation by the court
The court opens the proceedings and authorises a notary as judicial commissioner according to its work schedule — the heirs do not choose the notary. If the proceedings have been assigned to our office, we will help you find your way through them.
Preliminary inquiry
The notary usually summons the person named in the death notification — most often the person who arranged the funeral — establishes the circle of heirs, the assets and debts, and verifies any will. All the heirs are summoned only to the hearing. The purpose of summoning the person who took care of the deceased's funeral is for that person to provide the information needed to prepare and deal with the estate.
Notification of the heirs
The notary notifies the heirs of their right of inheritance and of the possibility of renouncing the inheritance, including the time limit and the consequences of renunciation.
Settlement of community property (BSM)
If the deceased was married, the spouses' community property is settled first and the value of the estate is determined.
Hearing
You attend the hearing: the notary informs you of your rights and deals with the estate; your agreement will be approved if it complies with the law.
Inheritance order
The proceedings end with an inheritance order. Once it becomes final, it serves as the basis, for example, for registration in the land registry (kataster) or for re-registering a motor vehicle or a bank account.
The length of the proceedings is indicated by the court in its authorisation as a guide and depends on the complexity of the case — we therefore cannot promise a specific completion date.
Mind the crucial difference: renouncing the inheritance is not “giving it up in favour of someone”. If you want to leave your share to another heir (a sibling, for example), this is done by an agreement of the heirs within the proceedings — you remain an heir. By renouncing the inheritance, on the other hand, you cease to be an heir entirely and your descendants take your place — often minor children, whose acts in the proceedings must be approved by the court. Before renouncing an inheritance, consult us.
Documents
Preliminary inquiry
The notary does not summon all the heirs to the preliminary inquiry — they usually summon the person named in the death notification, most often the person who arranged the funeral. The other heirs are summoned only to the hearing. If the notary has summoned you, you will provide information about the deceased's assets, the deceased's debts and their heirs — this is used to prepare the materials for dealing with the estate. The following will help in particular:
- Identity document — your identity card or passport.
- Documents on assets and debts — title deed, account statements, vehicle documents, interests in companies, liabilities, securities, cryptocurrencies, mutual funds.
- Assets abroad.
- A will — if one exists and you have it available.
Contact us before the meeting — we will tell you exactly what will be needed in your case.
Forms
Forms for the inheritance proceedings
The office will provide the necessary forms and their correct format according to the specific proceedings. Do not sign a declaration of renunciation of inheritance or a power of attorney based on an unverified internet template without being advised of the legal consequences.
- a power of attorney for representation — the form depends on the intended acts,
- a declaration of renunciation of inheritance — only after being advised of the time limit and consequences,
- a list of the deceased's assets and debts — as a basis for the preliminary inquiry.
A power of attorney for representation in inheritance proceedings from our office: download the PDF (PDF in Slovak) or fill it in directly on the page and print it. Leave signing the power of attorney until you have been advised by the notary — we will tell you whether a certified signature is required in your case.
Fees
What is paid and when
The fee of the notary as judicial commissioner is set by Decree No. 31/1993 Coll., not by agreement; it is based mainly on the value of the estate. You pay nothing in advance at your first contact with the office — the fee and reimbursements are usually paid at the end of the proceedings.
- the judicial commissioner's fee under the decree,
- reimbursement of out-of-pocket expenses and VAT.
How the fee is calculated in your proceedings will be explained to you in detail before you pay anything.
Cross-border succession
Cross-border succession
If the deceased had ties to more than one state — lived abroad, had assets there or held foreign nationality — succession within the EU is assessed under Regulation No. 650/2012 on cross-border successions.
- Where the proceedings are conducted and which law governs them — as a rule this is determined by the deceased's habitual residence at the time of death, not by nationality or the location of the assets.
- Choice of law — in a will or another declaration in the event of death, a person may choose the law of the state of which they are a national. A Slovak living abroad can thus choose Slovak law for their succession.
- European Certificate of Succession — a uniform document by which an heir or an administrator of the estate proves their status in other EU Member States, for example when re-registering real estate or an account abroad.
Cross-border issues are always individual — they depend on the deceased's ties and on which states the assets are in. Contact us; we will tell you what will be needed in your case.
A will drawn up before a notary is recorded in the Notarial Central Register of Wills (Notársky centrálny register závetov) — so it is reliably found in the inheritance proceedings.
Frequently asked questions
Most frequent questions about this service
Can I choose the notary for the inheritance proceedings?
No. The notary is authorised by the court as judicial commissioner according to its work schedule — it is not a service you order like other matters. If the proceedings have been assigned to our office, we will help you find your way through them.
How long do inheritance proceedings take and when will the notary summon me?
The length of the proceedings is indicated by the court in its authorisation as a guide and depends on the complexity of the case — we therefore cannot promise a specific completion date. You will be notified of the hearing in writing; before that, the preliminary inquiry takes place (establishing the heirs, assets and debts, and verifying any will).
How much do inheritance proceedings cost and when is payment made?
The fee of the notary as judicial commissioner is set by Decree No. 31/1993 Coll. and is based mainly on the value of the estate. Payment is usually made at the end of the proceedings; you pay nothing in advance at your first contact with the office.
Further assets were found after the proceedings ended. What now?
Assets that come to light only after the inheritance proceedings have ended with final effect are dealt with in supplementary inheritance proceedings. Contact us with what you have found — we will tell you how to proceed and what will need to be documented.
One of the heirs lives abroad. Do they have to travel here?
An heir may be represented in the proceedings on the basis of a power of attorney; we will assess the admissibility of representation and the required form of the power of attorney according to the specific act. If the heir does not speak Slovak, we can communicate in Hungarian, Serbo-Croatian, Russian or English so that they understand what is happening in the proceedings; we will also confirm in advance whether an interpreter or a translation is needed for the act in question.
Are debts inherited too? Can I renounce the inheritance?
An heir is liable for the deceased's debts and the reasonable costs of the funeral only up to the value of the inheritance acquired; where there are several heirs, in proportion to what they have acquired. An inheritance may be renounced only in the manner prescribed by law and within the time limit of which the judicial commissioner will notify you. Renunciation cannot be made only in part, nor can conditions be attached to it.
I want to leave my share to another heir. Should I renounce the inheritance?
No — these are two different acts. If you want your share to pass to another heir, you conclude an agreement of the heirs at the hearing — you remain an heir and in the agreement you determine who receives the assets. By renouncing the inheritance, on the other hand, you cease to be an heir entirely and your descendants take your place — often minor children, whose acts in the inheritance proceedings must be approved by the court. Before renouncing an inheritance, consult us.
What if the heirs cannot agree?
If the heirs reach an agreement, the notary approves it provided it complies with the law. If no agreement is reached, the acquisition of the inheritance is confirmed according to the inheritance shares. Inheritance proceedings are non-contentious — disputes, for example about the validity of a will or about whether an item belongs to the estate, are not resolved in them; the law determines when a participant is referred with such a question to separate court proceedings. The inheritance proceedings are then prolonged until their contentious part is concluded in the separate court proceedings.
The deceased died abroad and has assets in Slovakia. What now?
As a rule, it is not the place of death that is decisive, but the deceased's habitual residence at the time of death. If the deceased was habitually resident in Slovakia and merely died abroad — for example while travelling or during a hospital stay — the proceedings are conducted in Slovakia as usual. If they were habitually resident in another EU Member State, the authorities of that state generally have jurisdiction over the proceedings; the Slovak authorities act in the cases specified by law. Bring us what you have available — the death certificate and information about residence and assets — and we will tell you how matters will proceed.
The deceased also had assets abroad. Will they be dealt with in the proceedings in Slovakia?
A distinction must be made according to where the assets are located. Assets in the member states of the European Union are covered by EU Regulation No. 650/2012 on cross-border succession: if the Slovak authorities have jurisdiction, the proceedings in principle cover the entire estate, including these assets, and the result can be applied in another member state by means of, for example, a European Certificate of Succession. For assets outside the European Union — in so-called third countries — assessing the jurisdiction and territorial competence of the court, and which rules apply, is rather demanding and always individual to each case; it depends above all on international treaties and the law of the state concerned. Your cooperation is key: without information from the heirs, the notary generally has no way of learning about assets abroad.
I have lived abroad for a long time. Can I choose Slovak law for my succession?
Yes. In a will or another declaration in the event of death, you may choose the law of the state of which you are a national — a Slovak citizen living abroad can thus choose Slovak law. Without such a choice, the succession is generally governed by the law of the state of habitual residence at the time of death. We can record the choice of law directly in a will in the form of a notarial deed, which is registered in the Notarial Central Register of Wills (Notársky centrálny register závetov).
What is the European Certificate of Succession for?
It is a uniform document under EU Regulation No. 650/2012 by which an heir, a legatee or an administrator of the estate proves their status and rights in other EU Member States — for example when re-registering real estate, an account or a company abroad. It is issued on request in the state whose authorities dealt with the estate; we will gladly explain its use in a specific state.
Let's arrange a meeting
Write to us or call — we will agree on an appointment and prepare a list of documents for your matter.
Do not send sensitive documents by ordinary e-mail without prior arrangement with the office.