Probate in Czech Republic: How It Works for Foreigners

Czech probate (dědické řízení) is mandatory, automatic, and nothing like the system in common-law countries. The district court initiates proceedings as soon as the registry office records the death — you do not need to file anything. A notary is assigned to your case as a court commissioner, and you cannot choose your own.

Here is what to expect at every stage.

How Probate Starts

The moment the local registry office (matriční úřad) registers the death, it forwards the record to the competent district court (okresní soud). Jurisdiction is determined by the deceased's last registered address in the Czech Republic. If they had no registered address but owned local real property, jurisdiction goes to the court covering that property's location.

The court assigns a notary (soudní komisař) based on a strict rotational schedule — this ensures impartiality. The notary acts with the full authority of the court.

What the Court-Appointed Notary Does

The assigned notary handles everything:

1. Searches the Central Register of Wills (Centrální evidence závětí) maintained by the Notarial Chamber to locate any registered wills, codicils, or inheritance contracts
2. Summons the funeral organizer for an initial informational meeting to map the deceased's heirs, assets, and liabilities
3. Identifies and contacts all potential heirs — including those abroad
4. Inventories all assets: bank accounts, real estate, vehicles, business interests, personal property
5. Resolves creditor claims against the estate
6. Drafts the final inheritance resolution (usnesení o dědictví)

Once the inheritance resolution becomes legally binding, heirs can present it to banks to unfreeze accounts, to the Land Registry to transfer property, and to company registries to transfer shares.

Timeline

Typical probate takes 6–12 months for straightforward estates. Complex cases with disputed wills, international assets, or multiple jurisdictions can take significantly longer.

The notary will schedule the first meeting within 2–3 months of the death. If heirs are located abroad, expect additional time for international notifications and document authentication.

Notary Fees

Fees are strictly regulated by Decree No. 196/2001 (the Notarial Tariff) and follow a sliding scale based on the gross value of the estate:

The minimum fee is 2,000 CZK. The maximum base fee is 86,500 CZK. Add 21% VAT plus out-of-pocket expenses (approximately 300 CZK for postage and copies, plus actual costs for land registry extracts and asset valuations).

Example: An estate worth 2,000,000 CZK would generate a notary fee of 10,000 + 4,500 + 5,000 = 19,500 CZK, plus 21% VAT = 23,595 CZK (roughly $985).

Cross-Border Succession: Which Country's Law Applies?

EU Regulation No. 650/2012 determines which country's law governs the estate. The default rule is habitual residence at the time of death — not nationality and not where assets are located.

If an expat lived in Prague for several years, Czech law will default to govern their entire global estate, including bank accounts and property in their home country. The notary determines habitual residence based on duration and regularity of presence, family integration, employment status, and where primary assets were held.

The deceased can override this by explicitly choosing their nationality's law in a valid will. This is called the "choice of law exception" — but it must be expressed, not implied.

The European Certificate of Succession

If Czech law applies and assets are spread across multiple EU member states, heirs can request a European Certificate of Succession (EDO) from the assigned notary. This costs 1,500 CZK plus 21% VAT and is recognized throughout the EU — it lets heirs access bank accounts and update land registries in other countries without opening separate probate proceedings.

The Someone Died in Czech Republic guide includes a detailed probate chapter covering statutory inheritance orders, joint marital property settlement, and a step-by-step walkthrough of the notary process with template letters for every communication you need to send.

See more Czech Republic guides →