Inheritance Disputes – Practical Guidance for Survivors

How Inheritance Proceedings Work in the Czech Republic

First, let's take a closer look at how inheritance proceedings (proceedings on the estate) work. Understanding this process will help you navigate the individual steps and better comprehend your rights and obligations. Inheritance law in the Czech Republic is governed by the Civil Code, and the estate proceedings take place under the supervision of a court, but are in fact carried out by a notary as a so-called court commissioner. Below are the main stages of the inheritance proceedings, step by step:

1. Initiation of proceedings by the court and appointment of a notary: As soon as the registry office or another authority reports a death to the court, the court initiates the estate proceedings and entrusts a specific notary with its management. The notary is impartial, and the bereaved cannot choose them – they are assigned by the court according to a schedule. However, the notary will contact you themselves; there is no need to actively seek them out.

2. Preliminary investigation – identifying assets and heirs: The notary conducts an investigation to identify all of the decedent's assets and debts and the circle of heirs. They look into various registers (Land Registry, banks, vehicle register, etc.) and, in particular, verify whether the decedent left a will or other testamentary disposition. For this purpose, they will check the Central Register of Wills maintained by the Notarial Chamber. If a will exists, the notary will obtain it; if not, the process continues according to the law.

3. First contact with the bereaved: The notary usually summons the person who arranged the funeral or who was closest to the decedent to obtain basic information about the family and the decedent's assets. Subsequently, they send notices to all potential heirs (according to statutory succession or the will) for an initial hearing.

4. Inheritance hearing (discussion of the estate): At the main hearing, the notary presents a list of known assets and debts. If a will exists, it is published (read out) at this hearing. The heirs are informed of their rights – primarily the right to disclaim the inheritance within 1 month of this instruction. The disclaimer must be explicit and cannot be revoked. The notary also points out the option of a so-called reservation of inventory of the estate, which is a step by which heirs can limit their liability for the decedent's potential debts to the value of the acquired assets.

5. Determining the value of assets: The heirs must agree on the valuation of the assets. If there is consensus among them and the assets are not extensive, an estimate by agreement is sufficient, but it must correspond to reality. However, if they cannot agree on the value (or if they agree on a clearly unrealistic price), the notary will call in a court-appointed expert to prepare an expert opinion. This typically applies to real estate or valuable items. This step prolongs the process and can increase costs, so it is in the heirs' interest to reach an agreement if possible.

6. Agreement on the distribution of the inheritance (settlement): The best outcome of inheritance proceedings is an agreement among all heirs on how to divide the assets. They can specifically divide individual items and real estate and possibly arrange for compensation if someone receives more than their share. For example, one sibling keeps the house and pays off the others, who receive money instead of co-ownership of the house. Such an agreement must be concluded before a notary and requires the consent of all heirs. It is a faster and better solution than letting the notary decide solely based on statutory shares and then arguing about the settlement afterwards.

7. Decision on the inheritance: If no agreement is reached, the notary issues a resolution on the distribution of the inheritance according to the law (based on inheritance shares). This formally determines who inherits what – often meaning that multiple heirs acquire co-ownership shares in the same real estate or items. This concludes the inheritance proceedings, but co-ownership can cause further complications in the future (if the property is to be divided or sold).

8. Supplementary proceedings: If additional assets of the decedent are discovered after the proceedings have concluded (e.g., a forgotten account or piece of land), the court will initiate supplementary inheritance proceedings. This is essentially a new proceeding for the newly found assets, which is again handled by a notary.

Note: Simple inheritance proceedings (with clear relationships and no disputes) usually take several months. However, if the heirs do not cooperate or there are disputes over assets, it can drag on for years. In extreme cases, where the heirs cannot agree and the matter is subsequently resolved by a court in a classic lawsuit, the bereaved will have to wait a very long time for the final result. Therefore, it is always better to try to reach an amicable solution within the estate proceedings.

What If There Is No Will – Intestate Succession

The situation where a decedent has not left a will occurs quite often. In such a case, the estate is divided according to statutory rules, i.e., under the regime of so-called intestate succession. The Czech Civil Code defines six classes (groups) of heirs, which determine who is entitled to inherit. Closer classes of heirs typically include close relatives; more distant relatives inherit only if no one from the preceding classes inherits. Here is a brief overview of the classes of heirs:

• First Class – The decedent's children and spouse/partner inherit first, in equal shares. Each child and the surviving spouse thus receive an equal share. (If a child is no longer alive or does not wish to inherit, their descendants, e.g., grandchildren, take their place). However, the spouse cannot inherit alone in the first class – a descendant must also inherit if one exists. Therefore, if the decedent left a spouse and children, all these heirs are entitled to an equal share of the estate.

• Second Class – If the decedent has no children (no descendant inherits), the second class takes over. Here, the spouse/partner, the decedent's parents, and a so-called cohabiting person (common-law partner) inherit. All heirs of the second class inherit in equal shares, but the spouse always receives at least half. This practically means that if, for example, a wife and two parents inherit, the wife gets 1/2 of the estate and each parent gets 1/4. A cohabiting person is someone who shared a common household with the decedent for at least one year. A cohabiting person in this class cannot inherit alone.

• Third Class – If neither a descendant, nor a spouse, nor parents inherit, the decedent's siblings and a cohabiting person (common-law partner) inherit in the third class. The shares are equal. If a sibling no longer inherits (e.g., has died), their children (nieces/nephews) take their place.

• Fourth, Fifth, and Sixth Classes – These successively include the decedent's grandparents (4th), great-grandparents (5th), and finally aunts, uncles, and their children (great-nephews, great-nieces) in the 6th class. These more distant relatives inherit only if there are no heirs in the closer classes.

As is evident, the law tries to ensure that the estate goes to someone in the family. However, the precise statutory distribution may not always correspond to the decedent's wishes or to what individual heirs consider fair.

Moreover, without a will, the decedent does not express their true wishes, so it may happen that an asset is acquired by a person they would not have chosen themselves, or conversely, someone close receives nothing. Practice also shows peculiar situations – for example, it can happen that one property (e.g., an apartment) is inherited half by the legal wife and half by the deceased's current partner.

Such a situation occurs if the deceased lived with his partner in a common household for at least a year, was not divorced, and had no children – the surviving wife and the common-law partner then inherit together in the 2nd class. For the bereaved, this can be a very unpleasant surprise and a breeding ground for conflict. From the above, it is clear that the absence of a will increases the risk of disputes: the statutory rules can lead to unexpected results, and the decedent has no control over who their property will go to.

The Most Common Conflicts Among Heirs

If it is not clearly determined who gets what, various types of disputes can arise among the heirs. What are the most common ones and what causes them?

• Disputes over the value of assets: Heirs often cannot agree on the valuation of real estate, collections, a business, or other valuables. Someone may undervalue the assets (e.g., to avoid paying a large sum to others), while another may overvalue them. This disagreement then requires expert opinions and prolongs the proceedings. At the same time, it can create mutual distrust – suspicion that someone wants to cheat the others.

• Different ideas about distribution: Even if the heirs agree on what is in the estate, they may differ in their opinion on how to deal with the assets. This typically involves real estate: one sibling wants to sell the parents' house and divide the money, while the other wants to keep it because they grew up there. Or one heir would like to take over the family business, while the others prefer to demand its sale and the money. These conflicts stem from personal needs and emotions – sentimental value versus financial value – and can be very heated.

• Lifetime gifts (collation): Another source of tension is the situation where the decedent gave a significant asset to one of the heirs during their lifetime (e.g., an apartment or a large sum of money to one child at their wedding). After their death, the others feel that this heir has already received part of the estate "in advance." The Civil Code provides for this situation with so-called collation – the value of recent gifts can be counted towards the donee's inheritance share to restore fairness. However, this requires openly addressing the issue, which can again cause conflict if the donee disagrees with the valuation of the gift or with the gift being counted.

• Hidden debts and assets: Sometimes, additional debts or assets that the other heirs were unaware of come to light. For example, one of the children discovers that the deceased parent had a secret account, or conversely, a loan debt. If another heir knew about these facts and concealed them, an atmosphere of suspicion and accusations of dishonesty arises. Even without intentional concealment, unexpected discoveries (a secret will, forgotten bonds, business debts) can cause disagreements among heirs on how to handle such a situation.

• Newly discovered relatives: Particularly complex are cases where another heir, whom the others did not expect, appears during the proceedings. For example, a previously unknown child from the decedent's previous relationship. Suddenly, the estate must be redistributed to include them, which often angers the existing heirs (not only do they get a smaller share, but they also feel wronged or betrayed). Moreover, searching for such persons can prolong the proceedings and, during the period of uncertainty, blocks the management of the assets – for example, a house cannot be sold until all heirs are found and involved. This can also threaten the existential security of the bereaved (typically a widow or minor children), who cannot fully use the assets during the dispute.

• Disputes over the validity of a will: Although the main topic of this article is inheritance without a will, for the sake of completeness, we will also mention a conflict that arises when a will exists – namely, challenging its validity or authenticity. Omitted heirs (typically children who received less than their siblings or were disinherited) may challenge the authenticity of the will or claim that the decedent was not of sound mind or was influenced when making it. These disputes are then resolved by a court and can last for years.

These are extreme cases, but they often stem from unresolved family relationships and emotions.

How to Prevent Inheritance Disputes

The best way to handle an inheritance dispute is to prevent it from arising in the first place. Of course, this does not always depend on you – it mainly depends on the decedent and the other heirs. Nevertheless, several preventive steps and principles can be mentioned:

• The testator's will set in stone: If you are in the position of a future decedent (e.g., an elderly parent), make a will. Clearly state in it who gets what. A will takes precedence over the law, and if it covers the entire estate, it prevents intestate succession. This will prevent property disputes among heirs – especially if you suspect that there are tense relationships or unequal conditions among your loved ones. In addition to a will, you can also use an inheritance agreement (if you want to contractually arrange the inheritance with someone) or make lifetime gifts. The key is not to leave everything to the automatic statutory regime if you know it could lead to disputes.

• Open communication in the family: This is sensitive but very important. If parents openly discuss their ideas about their property after their death with their children, they can prevent many misunderstandings. The same goes for siblings – talking about how they would like to handle the cottage after their parents, while they are still alive, can later prevent arguments. Of course, death and inheritance are not pleasant topics of conversation, but timely agreement (even just indicating preferences) can save the family a lot of conflict.

• Settling significant gifts in advance: If one of the children has already received significant help from their parents during their lifetime (e.g., real estate, a large sum of money), it is advisable for the family to clarify how this will be reflected in the inheritance. Ideally, again in the form of a will or contract – the decedent can state in the will that this child has already received a part during their lifetime. This will prevent the feeling that someone "has already received their share" and yet still divides the rest equally.

• Think about relationships, not just assets: Remind yourself during the proceedings that the goal is a fair settlement and the preservation of family relationships, if possible. Is a potentially slightly higher financial gain worth a lifelong feud with a sibling? Sometimes it helps to imagine what the deceased would have wanted – certainly not for their children to fight over money for the rest of their lives. Try to act rationally and with perspective.

• Strive for agreement instead of dispute: When you are all sitting with the notary over the list of assets, look for compromises. Remember that an agreement is a faster, cheaper, and more considerate solution than a legal battle. Try to see things from the other side's perspective – why, for example, does your brother want dad's car so much? Maybe it has strong sentimental value. Perhaps it would be enough for him to get the car and you to get something else or financial compensation. Be willing to compromise: give something up and gain something.

In short: the prevention of disputes lies in the clear will of the decedent, communication, and a willingness to compromise. When this is achieved, the inheritance proceedings will run relatively smoothly, and the family can maintain good relationships even after the property settlement.

Practical Advice for the Bereaved in Case of a Dispute

What should you do if a conflict is already looming or has broken out? Here is some specific advice on how to behave in problematic inheritance proceedings and what to watch out for:

• Adhere to deadlines and formalities: Once the notary has sent you a notice, be proactive. The deadline for disclaiming an inheritance is only one month from the moment you were informed of this right. Do not miss it if you are considering disclaiming the inheritance (e.g., due to debts) – after the deadline, the inheritance is accepted, and this cannot be reversed. Similarly, you must claim the reservation of inventory in time (within 1 month of being informed). Anyone who fails to do so risks having to pay any debts even beyond the value of the inherited property. All important actions should be done in writing and through the notary to be valid.

• Map out all assets and debts: Make an inventory with the other heirs – what the decedent owned, where they had accounts, what obligations they might have had. The fewer "surprises" that appear later, the better. If you suspect there is a hidden asset (a safe, investments) or a debt somewhere, tell the notary. It is a criminal offense to conceal part of the assets from the notary. Openness from the very beginning will prevent suspicion that someone is hiding something.

• Don't succumb to pressure or euphoria: Situations where one of the heirs pressures the others into a quick agreement ("Just sign it so we can get it over with"), or conversely, promises the moon, are dangerous. Do not let yourself be manipulated into a disadvantageous agreement in a hurry or under emotional stress. It is better to ask for time to think and consult with a lawyer. Likewise, avoid hasty actions on your own initiative – for example, do not give away or sell items from the estate without an agreement with the others and without the notary's knowledge. Consult every step to avoid breaking any rules.

• Communicate in writing if the dispute is heated: Once relations between the heirs become tense (arguments at meetings, sharp phone calls), it is better to switch to a calmer form of communication – emails, letters. Written communication is more factual, and you will have evidence of agreements or promises. This can be useful if the dispute escalates to court. Of course, it is ideal to keep communication polite and open; but if that is not possible, it is better to take the official route.

• Watch out for forced heirs: If the decedent left a will that omits someone (typically children), remember that minor children must receive at least 3/4 and adult children 1/4 of their statutory share (the compulsory portion), unless they were validly disinherited. The notary will ensure this, but it is still good to know that even a will cannot completely exclude a descendant. If you are that omitted descendant, be sure to speak up – you are entitled to your compulsory portion.

• Division of asset management during the proceedings: The inheritance process takes some time, and until then, the assets formally belong to the estate as a whole. You should agree on who will, for example, ensure the maintenance of the house, pay for utilities, care for pets, etc., so that the property does not deteriorate or incur damage. These expenses can then be accounted for within the inheritance. If you cannot agree, the court can appoint an administrator of the estate, but this is a last resort. Interim management is a frequent source of arguments ("You used the car for six months, so you should get less!"), so be fair and transparent.

• When to contact a lawyer: The sooner, the better. If you suspect that the inheritance will not be straightforward (e.g., multiple heirs with tense relationships, large assets, debts, a complicated family situation like a common-law partner, stepchildren, etc.), it is worth consulting a lawyer specializing in inheritance law right at the beginning. The lawyer will explain your rights (what share you are entitled to, whether you can demand the collation of gifts, how debts are handled, etc.) and review the documents you will be signing. If a conflict is already underway, a lawyer will represent you in negotiations – communicating with other heirs or their lawyers on your behalf, thus avoiding direct confrontation. They will also ensure that no one shortchanges you on your share or circumvents the law. Qualified advice at the beginning often prevents the escalation of a dispute. And if it comes to court proceedings, having an experienced lawyer by your side is almost a necessity.

This advice will help you navigate a difficult situation and not lose sight of both your rights and the importance of maintaining decency. Every inheritance proceeding is different, but the rules of the law are set – it pays to know them and follow them. When in doubt, it is better to ask an expert than to make an irreversible mistake.

A Case Study: When a Family Fights Over an Inheritance

To illustrate the complications that the absence of a will and disputes among heirs can bring, let's look at a model story inspired by real-life events.

Mr. Novák had two adult children from his first marriage (a son, Petr, and a daughter, Lucie) and a second wife with whom he had lived for the last 10 years. Unfortunately, he died suddenly of a heart attack without leaving a will. After the initial shock, the family gathered to discuss the inheritance. According to the law, the surviving wife and both children were to inherit in equal shares, i.e., one-third each. However, it soon became clear that they had completely different ideas about the distribution of the assets.

The surviving wife wanted to continue living in the family house, which belonged to Mr. Novák, and assumed she would inherit the house to have a place to live out her days. Petr and Lucie, however, saw the house as an asset that could be sold and the money divided. Petr also wanted the house to go to him because he had invested in its renovation in the past. Lucie claimed that the investments had long been "offset" by the fact that Petr had lived in the house for several years. The estate also included a cottage from Mr. Novák's parents and a small family business.

Petr was very interested in the business – he had worked in it with his father for many years. He would have liked to take it over and continue his father's legacy, but without a will, he had no exclusive right to it – it would belong to all three heirs jointly. Lucie had no interest in the business and suggested selling it as well, so that "everything could be divided fairly." This angered Petr: "Dad wanted me to run it. I put years of work into that company – why should some stranger (meaning Lucie's husband) get money from it?" Lucie countered that her father had never explicitly stated such a thing and that the share in the company was just as much a part of the inheritance as anything else.

The notary, as far as possible, proposed a solution – an agreement: The wife would keep the house in exchange for giving up her claim to the cottage in favor of Lucie and part of the financial savings in favor of Petr, so that Petr could pay Lucie for her share of the company. But communication among the bereaved was already so heated that they were unable to trust each other. Everyone suspected the others of intending to get more. The agreement collapsed.

The inheritance proceedings dragged on; an expert opinion had to be requested for the company and the real estate, as their valuation was also a subject of dispute. After a year of futile arguments, the situation reached a point where the notary concluded the proceedings with a decision according to the law – everyone received a one-third share of everything. But the problems did not end there; they rather began: it meant that the wife and both children became co-owners of the house, the cottage, and the company. And since they barely communicated, further court proceedings to dissolve the co-ownership had to follow.

In the end, the house was sold at auction, the company was closed down and its assets sold off because an agreement was not possible. Petr and Lucie no longer speak to each other, and Mrs. Nováková went to live with her sister. All participants bitterly regret in retrospect that they could not agree sooner – the result is high costs, destroyed family relationships, and a sense of injustice.

This story illustrates how a missing will and a subsequent unwillingness to compromise can turn natural inheritance claims into a long legal battle. Yet, all it would have taken was for Mr. Novák to write a clear last will in advance – for example, bequeathing the house to his wife, the company to Petr, and the cottage to Lucie – and the family would have been spared a lot of pain. Or for the bereaved to involve a lawyer in time, who could have helped them find a compromise before the relationships were irreparably damaged.

Why Legal Assistance Is Important and How It Can Help

In the tense situations of inheritance disputes, it is clear that a layperson can hardly know all their rights and maintain the necessary detachment. Legal assistance can therefore play a key role – not only from a legal standpoint but also as psychological support and a conflict mediator. Here are the main reasons not to hesitate to turn to a lawyer specializing in inheritance:

• Expert guidance and advice: Inheritance law has its specifics and exceptions. A lawyer will explain to you in an understandable way what you are entitled to and what your options are (disclaim the inheritance, demand a settlement, challenge the validity of a document, etc.). They will warn you about pitfalls you may not see – for example, that by accepting an inheritance, you also take on debts, or how the compulsory portion for descendants works. This allows you to make the right decisions from the very beginning and avoid mistakes.

• Protection of your rights: When a dispute arises, everyone defends their own interests. It may happen that someone will try to cheat the others – conceal part of the assets, manipulate an elderly bereaved person, etc. In such moments, a lawyer is your shield. They will ensure that everyone plays fair and abides by the law. If the other party already has a lawyer, you should not be without representation, otherwise you are at a disadvantage. A lawyer can detect any attempts at fraud or coercion and intervene in a timely legal manner.

• Faster and more effective solutions: With legal assistance, a dispute can often be resolved sooner. A lawyer knows the procedures and knows what an agreement can be built on. They can propose non-standard but legal solutions that laypeople might not think of – for example, settling the inheritance by exchanging assets among the heirs or establishing a life-long right of use (so that the widow can stay in the house that will go to the children, etc.). Such creative solutions can lead to the satisfaction of all parties. Without an expert, you might remain in deadlocked positions.

• Emotional distance and support: While a lawyer is not a psychologist, by not being personally involved, they bring calm and order to the matter. You can rely on their certainty and experience. Many clients later report that their legal representative helped them overcome stress – they knew they had someone on their side who knew what they were doing. You don't have to bear all the stress yourself. Just having a lawyer take over communication with the opposing party will relieve you of the emotional burden.

• Representation in court: If the dispute goes to court (e.g., a lawsuit for the invalidity of a will, for the settlement of co-ownership, etc.), you cannot do without a lawyer. Court proceedings have strict rules, you must propose evidence, write submissions – a lawyer will take care of all this. They have experience, so they know how to argue and what to watch out for. This increases your chances of success in the dispute.

In many cases, the timely involvement of a lawyer prevents the conflict from escalating into a family tragedy. For example, if the heirs use mediation with the help of a lawyer right at the beginning, they can reach an agreement before bad blood prevails. A lawyer can be that cool head who proposes the most suitable solution for all parties, while the bereaved acting alone would not be capable of it in their emotional state.

Inheritance proceedings are a demanding process, especially when a will is missing and disputes break out. But you are not alone. Do not be afraid to ask for help – whether in the form of a one-off consultation or full representation by a lawyer. A quality lawyer can protect your interests and emotional well-being at a time when you need it most. Contact an expert before it's too late – prevention and timely resolution are key in these situations.

Your goal should be not only to obtain a fair share of the inheritance, but also to preserve your family, the memories of the deceased, and a clear conscience that you handled the situation with respect and deliberation.

Which Regulations Apply?

• Act No. 89/2012 Coll., the Civil Code
  The basic regulation of inheritance law, especially wills, inheritance agreements, disclaimer of inheritance, statutory order of succession, compulsory portion, disinheritance, collation of gifts, reservation of inventory, and liability of heirs for debts. Inheritance law is regulated mainly in Sections 1475 to 1720.
  Current version of the Civil Code in the e-Collection (in Czech)

• Act No. 292/2013 Coll., on Special Judicial Proceedings
  Regulates the procedure of estate proceedings, the activities of the notary as a court commissioner, the identification of heirs and assets, the inventory of the estate, decisions on inheritance, supplementary discussion of the inheritance, or liquidation of the estate. Estate proceedings are regulated mainly in Sections 98 to 288a.
  Current version of the Act on Special Judicial Proceedings in the e-Collection (in Czech)

• Act No. 358/1992 Coll., the Notarial Code
  Regulates the status and activities of notaries, the drafting of notarial deeds, wills, and other testamentary dispositions, as well as the maintenance of relevant registers.
  Current version of the Notarial Code in the e-Collection (in Czech)

• Decree No. 196/2001 Coll., the Notary's Tariff
  Sets the fees and reimbursements for notaries. For inheritance proceedings, the provisions on the notary's fee as a court commissioner in Section 11 et seq. are particularly important. The amount of the fee is usually based on the market value of the estate's assets.
  Current version of the Notary's Tariff in the e-Collection (in Czech)

• Regulation (EU) No 650/2012 of the European Parliament and of the Council
  Applies mainly to inheritances with an international element, for example, if the decedent lived abroad or owned property in another EU member state. It regulates international jurisdiction, applicable law, recognition of decisions, and the European Certificate of Succession.
  English version of the European Succession Regulation on EUR-Lex