Practical legal guide
Inheriting in the Czech Republic when you live in the US
Czech probate starts on its own and is run by a notary. You can take part from the US through a Czech lawyer with a power of attorney, but the deadline to refuse an inheritance runs from the court's notice.
Describe your caseShort answer
When someone with assets in the Czech Republic dies, the Czech court opens probate on its own and appoints a notary as court commissioner to run it (Act No. 292/2013 Coll.). You do not have to travel: a Czech lawyer with your power of attorney can represent you before the notary. If you want to refuse the inheritance, you have three months as an heir living abroad, counted from the court's notice (Civil Code, Section 1485). The Czech Republic has no inheritance tax, but US reporting rules may apply.
Quick answers
- Do I have to travel to the Czech Republic for probate?
- Usually not. A Czech lawyer with your written power of attorney can represent you before the notary. The lawyer will tell you whether your signature must be notarised and apostilled in the US.
- How long do I have to refuse a Czech inheritance?
- An heir living abroad has three months from the court's notice of the right to refuse (Civil Code, Section 1485). A refusal cannot be withdrawn.
- Is there inheritance tax in the Czech Republic?
- No. Czech inheritance tax was abolished in 2014 and an inheritance is not taxed as income. US reporting rules may still apply to you, so check with a US tax adviser.
When this situation arises
- A relative in the Czech Republic has died and you received a letter from a Czech notary
- A parent who lived in the US left a flat, house or bank account in the Czech Republic
- You do not speak Czech and need to respond to the notary in time
- You want to sell inherited Czech property without travelling
What options do you have
Accept the inheritance
You take over the assets and the debts. You can ask for an inventory of the estate so that you answer for debts only up to the value of what you inherit.
Refuse the inheritance
Possible within the deadline and final. Refusing also affects whether your descendants become heirs, so take advice first.
Agree with the other heirs
Heirs can agree how to divide the estate; the notary records the agreement and the court confirms it.
Recommended step-by-step process
- 1.
Notice from the notary
The notary writes to known heirs and asks about the deceased's assets, debts and any will.
- 2.
Choose a Czech lawyer and sign a power of attorney
The lawyer will tell you whether the signature on the power of attorney must be notarised and apostilled in the US.
- 3.
Prove your relationship
Send birth or marriage certificates with an apostille and a certified Czech translation, as the notary requests.
- 4.
Inventory and division
The notary establishes the estate; heirs accept, refuse or agree on a division.
- 5.
Decision and next steps
Once the decision is final, property is recorded in the Land Register (katastr) in your name and bank accounts can be released.
What documents to prepare
- The letter from the Czech notary (case number)
- Death certificate, if you have it
- Your birth or marriage certificates proving the relationship, with apostille
- Your passport and US address
- Any will, and a list of assets and debts you know about
Common mistakes
- Missing the refusal deadline because the letter was in Czech and not read in time
- Signing a refusal without checking what it means for your children
- Sending US documents without an apostille or certified translation
- Assuming US probate covers Czech property: Czech assets go through Czech probate
Risks and important deadlines
Refusal deadline
Three months for an heir living abroad, from the court's notice. After it, you are treated as having accepted.
Debts of the deceased
Without an inventory, an heir answers for the deceased's debts with their own assets.
US reporting
A US person receiving a large inheritance from a non-US person may have to report it to the IRS. Check with a US tax adviser.
Estimated costs
The notary's fee is set by decree and depends on the value of the estate. The Czech lawyer's fee is agreed with you in advance. Ask for a written estimate.
When it's worth contacting a lawyer
As soon as you receive the notary's letter: a lawyer can respond in Czech within the deadline, collect the documents and represent you so that you do not have to travel.
Describe your caseFrequently asked questions
My parent lived in the US. Does a Czech court still deal with the Czech property?
Yes. Under the EU Succession Regulation (No. 650/2012, Article 10), Czech courts can deal with assets located in the Czech Republic even when the deceased lived outside the EU. Which country's law applies depends on the case.
