For families and business owners
Inheritance in the Czech Republic: decide for yourself who receives your property
Without a will, the law decides – and the law does not know your family. We prepare a will, an inheritance agreement or another solution so that your property goes to the people you want to have it and the risk of family disputes is kept as low as possible.
Prepared by Jitka Vavřínová, attorney-at-law · law as at 10 October 2026
- Attorneys-at-law (ČAK)listed in the register of the Czech Bar Association
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- Price agreed in advancequote within 1 business day after the consultation
In brief
If you do not leave a will, your estate passes under the statutory order of succession (intestacy): first to your spouse and children in equal shares. With a will or an inheritance agreement you can decide otherwise, but your children must still receive their compulsory share. A will can be handwritten, made before two witnesses or made before a notary. An inheritance agreement must be made as a notarial deed. There is no inheritance tax in the Czech Republic.
What are you dealing with?
A will is not only for the old or the wealthy. People most often make one when their life changes:
- Marriage, divorce or a new partner
- Birth of a child or grandchild
- Buying property
- Setting up or selling a business
- A child from a previous relationship
- Assets abroad
Who would inherit if you did not make a will
The law divides heirs into six classes. Only the nearest class in which at least one person inherits takes the estate.
| Class 1 | Spouse or registered partner and children, each in equal shares. If a child does not inherit, that child's own children inherit in their place. |
|---|---|
| Class 2 | If no descendant inherits: the spouse, the parents and anyone who lived with the deceased in a common household for at least one year before death and either looked after the household or depended on the deceased for maintenance. The spouse always receives at least half. |
| Class 3 | If neither the spouse nor any parent inherits: siblings and anyone who lived with the deceased in a common household for at least one year before death (as above). If a sibling does not inherit, that sibling's children inherit in their place. |
| Classes 4–6 | Grandparents, great-grandparents and other relatives. If nobody inherits, the property passes to the state. |
Try it yourself
Simplified calculation under Sections 1635–1637 of the Civil Code. It assumes that everyone listed inherits (nobody has renounced the inheritance and nobody is disqualified from inheriting) and does not take into account grandchildren or siblings' children who inherit in place of a deceased parent. For an unmarried partner, the law also requires that they looked after the household or depended on you for maintenance.
Watch out for the community property of spouses. Half of everything that forms part of it belongs to the surviving spouse before any inheritance takes place. Only the other half and the property that is yours alone (for example gifts and inheritances you received yourself) are inherited.
How you can decide for yourself
Each instrument does something different. A combination often works best, and we will propose one to suit your family and your assets.
The most common route
Will
You decide who inherits and in what shares, or who receives a specific item. You can change or revoke a will at any time. A will is valid if it is entirely handwritten, dated and signed. Otherwise, you must sign it and declare before two witnesses present at the same time that it contains your last will; the witnesses sign it too. The most secure option is a will in the form of a notarial deed: the notary records it in the Register of Dispositions upon Death (Evidence právních jednání pro případ smrti, formerly the Central Register of Wills), so it will not get lost after your death.
In our legal glossary: succession under a will (in Czech)
When you need certainty on both sides
Inheritance agreement
A contract between you and a future heir, typically between spouses or with a child who is taking over the business. Unlike a will, you cannot change it unilaterally. It can only be made as a notarial deed, and one quarter of the estate must remain free to be disposed of by will.
In our legal glossary: inheritance agreement (in Czech)
A specific item for a specific person
Legacy
With a legacy (odkaz) you leave a specific item or right – for example a holiday cottage, a collection or money – to a person who does not thereby become an heir and is not liable for your debts. However, if the estate is not sufficient to pay the debts, the legacy is reduced proportionately.
In our legal glossary: legacy (in Czech)
When you want to pass things on now
Lifetime gifts
You hand over property now and can see how the recipient handles it. Real estate is transferred by a deed of gift and registration in the Land Register (katastr nemovitostí). However, gifts may affect the shares of forced heirs, which is why we deal with them together with your will.
Assets for several generations
Trust fund
You transfer assets into a fund managed by a trustee according to rules you set (the statute of the fund). This is useful if you want to keep assets together, provide for a child with special needs or separate family assets from the business.
In our legal glossary: trust fund (in Czech)
Who will oversee your wishes
Executor of the will and estate administrator
In your will, you can appoint an executor of the will to oversee that your wishes are carried out. An estate administrator, who will manage the estate until the probate proceedings are concluded, can only be appointed by notarial deed. This is useful for a business, rented-out property or where the heirs do not get along.
| Instrument | Form | Can it be changed? | Takes effect |
|---|---|---|---|
| Will | Handwritten, with two witnesses, or notarial deed | At any time, by you alone | On death |
| Inheritance agreement | Notarial deed only | Only by agreement with the other party; after a divorce, a court may cancel it | On death |
| Gift | In writing (a movable item handed over immediately can also be given orally); for real estate, registration in the Land Register | Usually not (it can only be revoked on statutory grounds) | Immediately |
| Trust fund | Contract with the trustee, or a disposition upon death; statute as a notarial deed | According to the statute | On registration in the register of trust funds, or on death |
Our attorney prepares the text and arranges the witnesses. Notarial deeds are drawn up by a notary; we arrange everything with the notary, and you pay the notary's fee under the notarial tariff separately.
You cannot simply leave out your children
Children are forced heirs (nepominutelní dědicové) and, if they do not inherit, so are their descendants. Even if you leave them out of your will, they are entitled to a compulsory share: a minor child to three quarters and an adult child to one quarter of what they would have received without a will. They can only be disinherited on statutory grounds. A will that does not respect this leads to claims against the other heirs and often to a dispute.
In our legal glossary: forced heir (in Czech)
What if you can no longer make decisions yourself
A will only takes effect on death. For cases of serious illness, injury or old age in which you could not act for yourself, you can decide in advance who will manage your affairs and how. This is done with an advance directive (předběžné prohlášení): the court follows it when appointing a guardian. Without one, a person close to you can represent you, but only with the court's approval, only in routine matters and with access to money in your account only up to the subsistence minimum per month. In more significant matters, the court chooses a guardian itself. The directive must be made as a notarial deed or as a dated private document confirmed by two witnesses. Business owners and company shareholders also need to consider who will act on behalf of the company in the meantime.
Do you own a business? Succession belongs in the plan
The death of the owner is the riskiest moment for a business. Banks, employees and customers need to know who makes the decisions.
Share in a limited liability company (s.r.o.)
A share in an s.r.o. passes to the heir unless the memorandum of association prohibits or restricts this. The heir then becomes a shareholder, even if they have never worked in the company. That is why we read the memorandum of association together with the will.
Who will run the company
The heir becomes a shareholder but does not automatically become an executive director (jednatel). Without a plan, the company may be left for weeks without anyone authorised to sign. That is why we also deal with who will take over management.
One successor, the others compensated
If one child is to take over the business, the others need to be compensated fairly with other assets or money; otherwise there is a risk of a dispute or of the share being split up.
A trust fund for the business
A business share can be transferred into a trust fund. The fund keeps it together and the family receives the income according to rules you set.
How we work
Free initial consultation
In person in Prague 1, by video call or by phone. We go through your family, your assets and your concerns. You do not need to prepare anything.
Proposed solution with a price agreed in advance
Within 1 business day, we send you the solution we recommend (will, inheritance agreement, gift, trust fund or a combination) and what it will cost.
Draft and explanation
We prepare the text and explain each provision in plain language. We show who would receive what and what happens if one of the heirs dies before you.
Signing and safekeeping
We arrange the witnesses, or signing before a notary where the law requires it or where it is safer for you. We recommend where to keep the document so that it is found after your death.
Review when your life changes
Marriage, divorce, the birth of a child or the sale of a business can turn a will against your intentions. Get in touch and we will review it again.
What to prepare for the meeting
None of this is required, but it helps if you think it through in advance:
- A list of the people close to you: spouse or partner, children (including from previous relationships), parents, siblings
- An overview of your assets: real estate, accounts and investments, business shares, vehicles, valuables, assets abroad
- What forms part of the community property of spouses and what is yours alone
- Debts, guarantees and mortgages
- Previous wills, gift or inheritance agreements and marital property agreements
- For a business: the memorandum or articles of association and who works in the company
When probate proceedings are already under way
Probate proceedings are conducted by a notary acting as court commissioner. We represent you in the proceedings, assess the validity of the will, advise you whether to accept the inheritance with the benefit of inventory (výhrada soupisu) or to renounce it, and help the heirs reach an agreement. If the heirs cannot agree, we defend your interests in court.
In our legal glossary: renunciation of inheritance (in Czech), agreement between heirs (in Czech)
Frequently asked questions
Frequently asked questions about inheritance and wills in the Czech Republic
Does a will have to be made before a notary in the Czech Republic?
No. A will written entirely in your own hand and signed is also valid, as is a will written in another way (for example on a computer) which you sign and, before two witnesses present at the same time, declare to contain your last will; the witnesses sign it too. No one who receives anything under the will, nor anyone close to such a person, may act as a witness. Always state the day, month and year. A notarial deed has advantages: the will will not get lost, the notary records it in the Register of Dispositions upon Death (formerly the Central Register of Wills), and the court commissioner will find it in the probate proceedings. You can also deposit a private will with a notary, who will likewise record it in the register. A will deposited only with an attorney is not recorded in the register.
Can I disinherit my child in the Czech Republic?
Only on statutory grounds: if the child failed to give you necessary assistance in need, does not show the genuine interest in you that they should, has been convicted of a criminal offence committed in circumstances indicating a depraved character, or persistently leads a dissolute life. If the child is heavily indebted or a spendthrift, you can leave their compulsory share to their children instead. It is advisable to state the ground expressly in the document. Unless disinherited, a child is entitled to a compulsory share: a minor child to three quarters and an adult child to one quarter of their statutory share of the inheritance.
What belongs to the surviving spouse and what is part of the estate?
First, the community property of spouses is settled. Half of everything that forms part of it belongs to the surviving spouse regardless of inheritance. Gifts and inheritances received by only one spouse do not form part of the community property, and a marital property agreement may have narrowed or excluded it. The estate consists of the other half and the deceased's separate property. The spouse then inherits from the estate under the will or by law.
Is there inheritance tax in the Czech Republic?
No. Inheritance tax has been abolished and property acquired by inheritance is exempt from income tax. The heirs pay the fee and cash expenses of the notary acting as court commissioner under the notarial tariff. Real estate is recorded in the Land Register on the basis of the decision that the court sends to the Land Registry Office.
Do heirs inherit debts in the Czech Republic?
An heir is liable for the deceased's debts. If the heir claims the benefit of inventory (výhrada soupisu) in the proceedings, they are liable only up to the value of what they inherited. Both the benefit of inventory and a renunciation of the inheritance must generally be claimed within one month of being notified by the court. A renunciation cannot be withdrawn and you cannot renounce only part of an inheritance; however, a child of the deceased may renounce the inheritance and keep their compulsory share. While you are deciding, do not deal with the deceased's property as your own, otherwise you will no longer be able to renounce the inheritance.
How much does out-of-court dispute resolution cost?
After the free initial consultation, we send you a quote within 1 business day. For a will or an inheritance agreement, we agree a fixed fee. Otherwise, we charge an hourly rate: CZK 4,477 per hour incl. VAT for individuals. If a notarial deed is required, you also pay the notary's fee under the notarial tariff.
Probate proceedings are under way. Can you help me?
Yes. We represent you in the probate proceedings before the notary, assess the validity of the will, help the heirs reach an agreement on dividing the estate, and defend your interests if the heirs cannot agree and the dispute goes to court.
Terms explained in our legal glossary: classes of heirs (in Czech), share of the inheritance (in Czech), register of wills (in Czech), contractual heir (in Czech), inheritance (in Czech).
Who will handle your matter
Your inheritance lawyer
Jitka Vavřínová
Attorney-at-law, Partner
Enforcement proceedings, inheritance law · Construction and contracts for work · Corporate law
My goal is for clients to feel confident and at ease with legal matters.
Would you rather talk it through first?
The initial 10-minute consultation with Jitka Vavřínová is free, in person in Prague 1 or by video call. Within 1 business day, we then send you a proposed solution with a price.