Inheritance in the Czech republic – who is the administrator of the inheritance?

One of the main tasks of an estate administrator and executor of a will is to ensure the proper progress of the inheritance proceedings and to oversee the execution of the will in accordance with the deceased’s last wishes. These are incredibly responsible functions that involve taking on numerous responsibilities. It’s even more worthwhile to familiarize oneself with them.

In today’s article, we will present the role and the most important tasks of an estate administrator in inheritance law in the Czech Republic. Our considerations are based on the provisions of the Czech Civil Code, specifically the “Občanský zákoník”, which is absolutely fundamental and comprehensive regulation of inheritance law in the Czech Republic.

According to the inheritance law in the Czech Republic, the deceased can entrust an estate administrator with the administration of their entire remaining estate or only a certain specific part of it. Importantly, Czech inheritance law requires that this legal act be in the form of a notarial deed, under penalty of invalidity. Both individuals and legal entities can act as estate administrators. The choice in this regard is left to the deceased themselves.

At the same time, the declaration of will regarding the appointment of an estate administrator is an example of a revocable declaration. Therefore, the deceased can change their earlier decision and revoke the appointed estate administrator during their lifetime at any time.

Undoubtedly, the most important task of an estate administrator is to ensure the broad protection of inheritance rights and the interests of the deceased. However, more detailed duties of the estate administrator are set out in the notarial deed appointing them. According to the provisions of § 1558 of the “Občanský zákoník,” the rights and obligations of the estate administrator arise precisely from the content of this notarial deed. In it, the deceased specifies, in particular, the part of their estate that they are entrusting to the estate administrator and defines their tasks.

Starting from the general assumption that the role of an estate administrator comes with significant responsibility, the person appointed to this position does not have to accept it. Moreover, Czech inheritance law allows an estate administrator to resign from their duties at any time. On the other hand, due to the need to adequately protect the interests of the deceased, the court is authorized to appoint a new estate administrator in justified cases. Furthermore, when the factual situation requires it, it is possible to appoint multiple estate administrators. In such a legal configuration, they are, in a sense, compelled to cooperate.

As mentioned above, the estate administrator is obliged to take actions in the interest of the deceased. For this reason, Czech inheritance law provides for the possibility of removing the estate administrator in the following situations:

1. The estate administrator breaches their duties.
2. The estate administrator is unable to properly fulfill their duties.
3. Other important reasons justify the removal of the estate administrator.

Interestingly, the competent district court has the competence to remove the estate administrator even on its own initiative. Therefore, it is not necessary to submit any applications, although they are, of course, permissible and often justified. In this way, Czech inheritance law seeks to ensure the best possible protection of the deceased’s last will.

Inheriting in the Czech Republic differs in many ways from inheritance as we know it in the Polish legal system. At the Lawyer in Europe law firm, we are well aware of this. Therefore, we offer comprehensive legal assistance to all our clients in acquiring inheritance in various parts of the world. The lawyers cooperating with the Lawyer in Europe law firm are true specialists when it comes to matters related to foreign inheritance law. That’s why they will be happy to help with inheritance in the Czech Republic, among other issues.

When being called to inherit in the Czech Republic, it is necessary to meet numerous formal requirements. Therefore, a very good knowledge of the local legal regulations is essential, as even a minor mistake can have painful consequences. If you need the services of a professional representative, we cordially invite you to contact the Lawyer in Europe law firm. The client’s interest is of utmost importance to us.