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Inheritance law

Inheritance law in practice

When someone close to you dies, probate proceedings follow alongside the grief, and they raise questions that are hard to answer alone. Clients come to us when they are unsure whether to accept or disclaim an inheritance, when a will has left them out, when siblings cannot agree on how to divide the estate, or when they want to decide in advance who will inherit from them. We also handle estates that include property, a stake in a company, debts or assets abroad.

We start by establishing who the heirs are, what the estate contains and what debts it carries, and we calculate each statutory and testamentary claim. Then we propose a route: an agreement between the heirs, a claim to the forced share, a limitation of liability by inventory, or court proceedings. Under Slovak law, probate is run by a notary acting as a court commissioner, and we represent you before the notary. If a disputed issue is referred to the court, we continue there.

We act for heirs, surviving spouses and people who want to prepare a will or a disinheritance deed that will hold up if challenged. Our office is at Národná 15 in Žilina and we represent clients in inheritance matters anywhere in Slovakia. You can meet us in person or online, which suits heirs who live far from the court or outside Slovakia. We work in Slovak, Czech and English.

What we help with

  • Representing heirs in probate before the notary and the court
  • Drafting and reviewing wills
  • Disinheritance deeds under Section 469a of the Slovak Civil Code
  • Claiming the forced share of a protected heir
  • Deciding whether to accept, disclaim or limit liability by inventory
  • Challenging the validity of a will and actions to determine inheritance rights
  • Agreements between heirs on dividing the estate
  • Settling marital property after a spouse has died
  • Estates with assets abroad under EU Regulation No 650/2012

How we work

  1. Initial consultation

    We go through the family situation, the will if there is one, and what you know about the assets and debts. We explain your options and what the next steps will cost.

  2. Mapping the estate

    We identify the heirs and their shares, check lifetime gifts that count towards the forced share, and prepare filings or a draft agreement between the heirs.

  3. Before the notary and the court

    We deal with the notary on your behalf, attend the hearing and, if the will or the circle of heirs is disputed, continue before the court. We keep you informed at each step.

  4. Final decision and invoice

    Once the inheritance decision is final, we check that it can be used to register ownership in the Land Register. We invoice our work as agreed at the outset.

Worth knowing

One month to disclaim

An inheritance can be disclaimed within one month from the day the court (notary) informed you of this right (Section 463 of the Slovak Civil Code). You can only disclaim the whole inheritance, not just the debts.

The forced share

Minor descendants are entitled to at least their full statutory share, adult descendants to at least half of it (Section 479 of the Civil Code). The claim must be raised expressly in the proceedings; the notary will not raise it for you.

Debts only up to the estate value

An heir who accepts the inheritance is liable for the deceased's debts only up to the value of what they inherited (Section 470 of the Civil Code).

No inheritance tax

Slovakia abolished inheritance tax on 1 January 2004. The notary acting as court commissioner charges a fee based on the net value of the estate after debts.

Common questions

  • Yes, but only on the statutory grounds in Section 469a of the Slovak Civil Code, for example a lasting lack of interest in the parent or a conviction for an intentional offence with a prison sentence of at least one year. The disinheritance deed must meet the formal requirements of a will and state the reason specifically. A general phrase such as ‘lack of interest’ is not enough.
  • Usually 3 to 12 months. If the heirs cannot agree, the notary refers the disputed issue to the court. When someone challenges the validity of a will, proceedings can take 2 to 4 years.
  • You can disclaim the inheritance, but only as a whole. Alternatively, a limitation by inventory (Section 471 of the Civil Code) caps the heir's liability at the valued estate. Before deciding, you need to know the real value of both the assets and the debts.
  • Yes. Heirs may agree on a different division, and the notary will approve it as long as it does not conflict with the law or good morals.
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Discuss your matter with a lawyer

In a consultation we assess your situation, suggest a way forward and tell you what costs to expect.

€90 incl. VAT, 30 minutes, in person or online

This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.