Inheritance proceedings are often not only legally complex but also emotionally demanding. In practice, we encounter various disputes between heirs – from determining who is even an entitled heir to dividing the deceased's property and debts. This article summarizes the most common problematic situations and explains how practice resolves them.

Who is an heir and who is not?

The first step in inheritance proceedings is defining the circle of heirs. This phase is often the most complex.
In practice, cases arise where:

  • a new will "enters" the proceedings,
  • a person living with the deceased in a common household claims inheritance,
  • one of the heirs objects to another's inheritance incapacity.

Each heir has the right to deny another's inheritance right – for example, to question the validity of a will.
In such a situation, a dispute over inheritance rights arises. The notary as a judicial commissioner then orders the one with a weaker inheritance title to seek confirmation through a declaratory action in court that they are an heir.

Paradoxically, sometimes a dispute first arises about who must file the lawsuit at all. In such a case, the regional court (in Prague the Municipal Court) decides on the remedy.

💡 Practical advice: If you are currently dealing with inheritance and are unsure of your rights, call us – we will advise you on how to proceed.

Division of property and debts

After determining the circle of heirs, the estate itself is discussed.

  1. Reservation of estate inventory – protects heirs so they are liable for the deceased's debts only up to the amount of inherited property.
  2. Estate inventory – includes all property and debts, heirs comment on it and confirm its correctness.
  3. Estate division – can proceed by agreement or authoritatively by court/notary decision. Agreement is more practical because it prevents individual items from becoming co-owned by multiple heirs (e.g., car, securities, bank account).

Cooperative apartment in inheritance

A specific issue is the cooperative apartment (correctly a membership share in a housing cooperative).

  • It is not real estate, but an intangible movable thing – a share in the cooperative connected with the right to rent.
  • Co-ownership of the share is often prohibited by the cooperative's bylaws.

Therefore, it is ideal for heirs to agree that the share goes to one of them, who pays out the others. If no one has sufficient funds, they can agree to sell the apartment and divide the proceeds.

If no agreement is reached, the court (or notary) confirms the share to all heirs jointly. None of them then becomes a cooperative member and further proceedings are necessary – the so-called contentious proceedings to determine who will be a cooperative member and tenant of the apartment. In this, the principle of procedural success applies – the unsuccessful heir pays the costs to the successful one.

Conclusion and recommendations

Inheritance proceedings have their formal rules and numerous pitfalls. Disputes over the circle of heirs, debts, or cooperative apartments can significantly complicate the entire process.

Therefore we recommend:

  • to claim reservation of estate inventory,
  • always try to reach agreement between heirs,
  • and in case of a contentious situation, use the services of an experienced lawyer.

Only this way can an heir ensure that their rights will be truly protected in the proceedings.

In case you are dealing with inheritance proceedings or have questions about inheritance, our office is ready to help you.