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Inheritance in Prague for Foreigners: What to Do

A family member who lived in the Czech Republic has died, or left a flat, money or debts here. Here is which country's law applies, how Czech probate works, what you must decide and when a lawyer helps.

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What you can do now

  1. 1

    Probate starts by itself — wait for the notary

    In Czechia probate is opened automatically once the death is recorded, and a court-appointed notary (soudní komisař) runs it. You will be contacted; you do not need to file anything to start it.

  2. 2

    Find out which law applies

    Under the EU Succession Regulation the law of the country where the deceased last had their habitual residence governs the whole inheritance. Someone who lived in Prague is usually inherited under Czech law — unless their will chose the law of their nationality.

  3. 3

    Look for a will and gather documents

    Bring the death certificate, any will, documents proving your relationship and an overview of the deceased's property and debts in Czechia and abroad. Foreign documents usually need an official Czech translation.

  4. 4

    Decide in time whether to accept

    You may refuse the inheritance within one month after the court informs you — three months if you live abroad. If debts may exceed the property, ask for an inventory reservation, which limits your liability to the value inherited.

  5. 5

    Use the European Certificate of Succession

    If property is in several EU countries, the notary can issue a European Certificate of Succession, which proves your rights as heir in the other member states.

Deadlines and money

The key deadline is the time to refuse: one month after notification, or three months if you live abroad. The notary's fee is set by law and depends on the value of the estate; it is paid from the estate or by the heirs. A lawyer is paid separately — ask for an estimate, especially when heirs disagree or property is abroad.

Can you handle it yourself, or do you need a lawyer?

A simple inheritance with one heir and no dispute is usually handled by the notary without a lawyer. Get a lawyer if heirs disagree, the will is contested, debts may exceed the property, the deceased had property in several countries, or you live abroad and cannot attend the proceedings.

Bring the death certificate, any will, proof of your relationship, the notary's letters and an overview of the property and debts.

Where to get help in Prague

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Documents to Prepare

  • Death certificate
  • Will, if one exists
  • Documents proving your relationship to the deceased
  • Letters from the notary (soudní komisař)
  • Overview of property and debts in Czechia and abroad

Frequently Asked Questions

My father lived in Prague but was not Czech. Which law applies?

Usually Czech law, as the law of his last habitual residence — unless his will chose the law of his nationality.

Do I have to travel to Prague?

Not necessarily. Much can be done in writing or through a lawyer under a power of attorney. Ask the notary early.

Will I inherit the deceased's debts?

Debts pass with the inheritance. With an inventory reservation you are liable only up to the value of what you inherit; you can also refuse in time.

Legal background

For deaths from 17 August 2015, the EU Succession Regulation (Regulation (EU) No 650/2012) determines jurisdiction and the applicable law — as a rule the law of the deceased's last habitual residence, unless they chose the law of their nationality — and creates the European Certificate of Succession. In the Czech Republic probate is conducted by notaries acting as court commissioners under the Special Court Proceedings Act (Act No. 292/2013 Coll.); refusing an inheritance (one month after the court's notice, three months for an heir whose only residence is abroad, Section 1487) and the inventory reservation are governed by the Civil Code (Act No. 89/2012 Coll.).

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