Inheritance disputes – practical advice for the bereaved

The loss of a loved one is painful, and inheritance disputes can make the period of mourning even worse. When a family member passes away, the bereaved often have to deal with the inheritance process in addition to their grief. This in itself can be administratively and emotionally demanding, let alone if disputes arise between the heirs. The absence of a will (last will and testament) can also significantly increase the risk of conflict, as it is unclear how the deceased wished to distribute their property. Heirs often fight over their share of the estate or specific items, which can seriously damage family relationships. According to lawyers' experience, these disputes often jeopardize the financial situation of the surviving relatives and almost always disrupt the relationships between them. In such a tense situation, it is important to keep a cool head, understand the basic principles of inheritance in the Czech Republic, and, above all, know how to defend yourself and when to seek legal assistance. This article offers practical advice on how to handle inheritance proceedings without a will, what to avoid, and how to prevent disputes between heirs from unnecessarily deepening family tragedies.

Author of the article: ARROWS (JUDr. Kateřina Müllerová, office@arws.cz, +420 245 007 740)

How does the inheritance process work in the Czech Republic?

First, let's take a look at how the inheritance process (proceedings on the estate of a deceased person) works. Knowing this process will help you navigate the individual steps and better understand your rights and obligations. Inheritance law in the Czech Republic is governed by the Civil Code, and probate proceedings are supervised by the court but actually carried out by a notary as a so-called court commissioner. Below are the main stages of the inheritance process step by step:

1. Commencement of proceedings by the court and appointment of a notary: As soon as the registry office or other authority reports the death to the court, the court will commence probate proceedings and appoint a specific notary to conduct them. The notary is impartial and the heirs cannot choose him or her themselves – he or she is assigned by the court according to a schedule. However, he or she will contact you, so there is no need to actively seek him or her out.
2. Preliminary investigation – determination of assets and heirs: The notary will conduct an investigation to determine all the assets and debts of the deceased and the circle of heirs. They will consult various registers (land registry, banks, vehicle registry, etc.) and, in particular, verify whether the deceased left a will or other document in the event of death. To this end, they will consult the Central Register of Wills maintained by the Notary Chamber. If a will exists, the notary will obtain it; if not, the procedure will continue in accordance with the law.
3. First contact with the bereaved: The notary usually summons the person who arranged the funeral or who was closest to the deceased in order to obtain basic information about the family and the deceased's property. He then sends all potential heirs (according to the legal order of succession or the will) to an initial meeting.
4. Inheritance proceedings (discussion of the estate): At the main meeting, the notary presents a list of known assets and debts. If there is a will, it is disclosed (read) at this meeting. The heirs are informed of their rights, in particular their right to refuse the inheritance within one month of being informed. The refusal must be explicit and cannot be revoked. The notary also points out the possibility of a so-called reservation of the inventory (inventory of the estate), which is a step by which the heirs can limit their liability for any debts of the deceased to the value of the acquired property.
5. Determining the value of the estate: The heirs must agree on the valuation of the estate. If they agree and the estate is not extensive, an estimate by mutual agreement is sufficient, but it must correspond to reality. However, if they cannot agree on the value (or agree on a clearly unrealistic price), the notary will call in a court expert to prepare an appraisal. This typically applies to real estate or valuable items. This step prolongs the process and may increase costs, so it is in the interest of the heirs to agree if possible.
6. Agreement on the distribution of the inheritance (settlement): The best outcome of inheritance proceedings is an agreement between all heirs on how to divide the property. They can specifically divide individual items and real estate and, if necessary, determine compensation if someone receives more than their share. For example, one sibling keeps the house and pays the others, who receive money instead of co-ownership of the house. Such an agreement must be concluded before a notary and requires the consent of all heirs. This is a faster and better solution than letting the notary decide solely on the basis of legal shares and then arguing about the settlement afterwards.
7. Decision on inheritance: If no agreement is reached, the notary will issue a decision on the distribution of the inheritance in accordance with the law (according to inheritance shares). This formally determines who inherits what – often this means that several heirs acquire joint ownership of the same real estate or items. This concludes the inheritance proceedings, but joint ownership may cause further complications in the future (if the property is to be divided or sold).
8. Additional proceedings: If, after the proceedings have been concluded, further assets of the deceased are discovered (e.g., a forgotten account or land), the court will initiate additional inheritance proceedings. This is essentially a new proceeding concerning the newly discovered assets, which is again handled by a notary.

Note: Simple inheritance proceedings (with clear relationships and no disputes) usually take several months. However, if the heirs do not cooperate or there are disputes over the property, it can drag on for years. In extreme cases, where the heirs cannot agree and the matter is subsequently resolved by the court in a classic court dispute, the survivors will have to wait a very long time for the final outcome. It is therefore always better to try to reach an amicable solution within the probate proceedings.

What if there is no will – inheritance by law

Situations where the deceased did not leave a will occur relatively often. In such cases, the estate is divided according to legal rules, or under the so-called statutory inheritance regime. The Czech Civil Code defines six classes (groups) of heirs, according to which it is determined who is entitled to inherit. Close relatives typically fall into the closest inheritance class; more distant relatives only inherit if no one from the previous classes inherits. Brief overview of inheritance classes:

• First class – First, the decedent's children and spouse/partner inherit, in equal shares. Each child and surviving spouse thus receives an equal share. (If a child is already deceased or does not wish to inherit, their descendants, e.g., grandchildren, take their place). However, the spouse cannot inherit alone in the first class – descendants always inherit if they exist. Therefore, if the deceased left a spouse and children, all these heirs are entitled to an equal share of the estate.

• Second class – If the deceased has no children (no descendants inherit), the second class comes into play. Here, the spouse/partner, parents of the deceased, and the so-called cohabiting partner (boyfriend/girlfriend) inherit. All heirs of the second class inherit equal shares, but the spouse always receives at least half. In practical terms, this means that if, for example, the spouse and two parents inherit, the spouse receives half of the estate and each parent receives a quarter. A cohabiting partner is a person who has shared a household with the deceased for at least one year. A cohabiting partner in this class cannot inherit alone.

• Third class – If neither descendants, spouses nor parents inherit, the third class is inherited by the testator's siblings and cohabiting partners (boyfriends/girlfriends). The shares are equal. If a sibling is no longer eligible to inherit (e.g., deceased), their children (nieces/nephews) take their place.

• Fourth, fifth, and sixth classes – These include, in order, the grandparents of the deceased (4th), great-grandparents (5th), and finally aunts, uncles, and their children (grandnephews, grandnieces) in the 6th class. These more distant relatives only inherit if there are no heirs in the closer classes.

• The state as heir of last resort – If there are no legal heirs (which is very rare due to the wide circle of relatives in six classes), all property falls to the state as escheat. In such a case, the state inherits by law and cannot refuse the inheritance.

As can be seen, the law seeks to ensure that the estate goes to someone in the family. However, the exact legal distribution may not always correspond to the wishes of the deceased or to what the individual heirs consider fair. Furthermore, without a will, the deceased does not express their true wishes, so it may happen that the property is inherited by someone they would not have chosen, or, conversely, that someone close to them receives nothing. Practice also shows curious situations – for example, one asset (such as an apartment) may be inherited in half by the legal spouse and the current partner of the deceased. This situation arises if the deceased lived with his partner in a common household for at least one year, was not divorced, and had no children – the surviving spouse and partner then inherit together in the second class. This can be a very unpleasant surprise for the survivors and a breeding ground for conflict. It is clear from the above that the absence of a will increases the risk of disputes: legal rules can lead to unexpected results and the testator has no control over who will inherit their property.

The most common conflicts between heirs

If it is not clearly specified who gets what, various types of disputes may arise between heirs. What are the most common ones and what causes them?

• Disputes over the value of property: Heirs often cannot agree on the valuation of real estate, collections, businesses, or other valuables. Some may underestimate the value (e.g., so they don't have to pay a large amount to others), while others may overestimate it. This disagreement then requires expert opinions and prolongs the proceedings. At the same time, it can cause mutual distrust—suspicion that someone wants to cheat the others.

• Different ideas about distribution: Even if the heirs agree on what is in the estate, they may differ in their opinions on how to dispose of the property. This typically concerns real estate: one sibling wants to sell the parents' house and divide the money, while another wants to keep it because they grew up there. Or one heir may want to take over the family business, while the others prefer to sell it and get the money. These conflicts stem from personal needs and emotions—emotional value vs. financial value—and can be very heated.

• An unbalanced sense of justice: Disputes often arise when one of the heirs feels that they are entitled to more than the others. For example, one descendant may have cared for a sick parent for a long time, while the others were not as involved – they may therefore expect a larger share as reward for their care. This sense of injustice can easily lead to arguments.

• Gifts during lifetime (collation): Another source of tension is when the testator gave a larger portion of their estate to one of the heirs during their lifetime (e.g., an apartment or a large sum of money to one child at their wedding). After their death, the others feel that they have already "received" part of the estate. The Civil Code provides for such situations through colation – the value of recent gifts can be included in the heir's share of the estate in order to ensure fairness. However, this requires openly addressing the issue, which in turn can cause conflicts if the recipient disagrees with the valuation of the gift or with the fact that it is to be included in the calculation.

• Hidden debts and assets: Sometimes additional debts or assets come to light that the other heirs were unaware of. For example, one of the children discovers that the deceased parent had a secret bank account or, conversely, a loan debt. If another heir knew about these facts and concealed them, an atmosphere of suspicion and accusations of dishonesty arises. Even without intentional concealment, unexpected discoveries (secret wills, forgotten bonds, business debts) can cause disagreements among heirs as to how to deal with such a situation.

• Newly discovered relatives: Cases where another heir whom the others did not expect appears during the proceedings are particularly complicated. For example, a previously unknown descendant from a previous relationship of the deceased. Suddenly, the estate must be redistributed to include them, which often upsets the existing heirs (not only do they receive a smaller share, but they also feel aggrieved or betrayed). In addition, the search for such persons can prolong the proceedings and block the administration of the estate during the period of uncertainty—for example, a house cannot be sold until all heirs have been found and involved. This can also jeopardize the livelihood of the surviving relatives (typically widows or minor children), who cannot fully use the property during the dispute.

• Disputes over the validity of a will: Although the main topic of this article is inheritance without a will, for the sake of completeness, we will also mention the conflict that arises if a will exists – namely, questioning its validity or authenticity. Omitted heirs (typically children who received less than their siblings or were disinherited) may challenge the authenticity of the will or claim that the testator was not of sound mind when it was written or was influenced. These disputes are then resolved by the court and can take years. These are extreme cases, but again, they often stem from unresolved family relationships and emotions.

As we can see, there can be many reasons for a dispute – from purely practical (valuation, method of distribution) to deeply personal and emotional. Inheritance often opens old wounds and rivalries within the family. It is not only money and property that are at stake, but also family relationships. Every dispute prolongs the inheritance proceedings and increases costs (legal fees, appraisals, courts). It is therefore extremely valuable to try to prevent conflicts and, when they do arise, to resolve them as quickly and civilly as possible.

How to prevent inheritance disputes

The best way to deal with an inheritance dispute is to prevent it from arising in the first place. Of course, this does not always depend on you – it mainly depends on the testator and the other heirs. Nevertheless, there are a few preventive steps and principles that can be followed:

• The testator's will is final: If you are in the position of a future testator (e.g., an elderly parent), make a will. Clearly state who will receive what. A will takes precedence over the law and, if it covers all of your assets, prevents inheritance by law. This will prevent property disputes between heirs, especially if you suspect that there are tense relationships or unequal conditions among your loved ones. In addition to a will, you can also use an inheritance contract (if you want to contractually agree on the inheritance with someone) or a gift during your lifetime. The key is not to leave everything to the automatic legal regime if you know that it could lead to disputes.

• Open communication within the family: This is a sensitive but very important issue. If parents openly discuss their ideas about their property after their death with their children, they can prevent many misunderstandings. The same applies to siblings—discussing how they would like to deal with their parents' cottage while they are still alive can prevent arguments later on. Of course, death and inheritance are not pleasant topics to talk about, but early agreement (even just indicating preferences) can save the family a lot of conflict.

• Settling significant gifts in advance: If one of the children has already received significant help from their parents during their lifetime (e.g., real estate, a large sum of money), it is advisable for the family to clarify how this will be reflected in the inheritance. Ideally, this should again be done in the form of a will or contract—the testator can state in their will that this child has already received a portion during their lifetime. This will prevent the feeling that someone has "already received their share" and yet still wants an equal share of the rest. If this has not been done, the heirs can agree during the settlement that these past gifts will be taken into account (e.g., the sibling who received the gift will give up something else in the inheritance). It is important to talk openly about this, rather than silently harboring envy.

• Seek agreement instead of dispute: If you are already sitting at the notary's office with a list of assets, look for compromises. Remember that agreement is a faster, cheaper, and more considerate solution than a court battle. Try to empathize with the other side—why does your brother want your father's car so much? Perhaps it has strong sentimental value. Maybe it would be enough for him to get the car and you to get something else or financial compensation. Be willing to compromise: give something up and gain something else. By reaching an agreement, you can also divide specific items according to your preferences, whereas a court would only award you shares, which you would then have to deal with yourself.

• Think about relationships, not just property: Remind yourself throughout the proceedings that the goal is a fair settlement and the preservation of family relationships, if possible. Is a potentially slightly higher financial gain worth a lifetime of estrangement from your sibling? Sometimes it helps to imagine what the deceased would have wanted—certainly not for their children to be at odds with each other for the rest of their lives over money. Try to act rationally and with perspective.

• Professional guidance: If you see that an agreement is not forthcoming, do not hesitate to involve an experienced lawyer who is familiar with family law. An impartial third party will help steer emotional disputes and find a solution that is acceptable to everyone. Sometimes, a few moderated meetings are enough for even initially hostile relatives to find common ground that they would not have found at the family table.

In short: the best way to prevent disputes is clear will, communication, and a willingness to compromise. When this is achieved, the inheritance process will run relatively smoothly and the family can maintain good relations even after the property has been settled.

Practical advice for survivors in the event of a dispute

What to do if a conflict is looming or has already broken out? Here are some specific tips on how to behave in problematic inheritance proceedings and what to watch out for:

• Observe deadlines and formalities: Once the notary has sent you the documents, be proactive. The deadline for rejecting an inheritance is only one month from the moment you are informed of this right. Don't miss it if you are considering rejecting the inheritance (e.g., due to debts) – after the deadline, the inheritance will be forfeited and cannot be revoked. Similarly, you must exercise your right to an inventory (inventory) in good time (within one month of being informed). If you fail to do so, you risk having to pay any debts in excess of the value of the inherited property. Make sure all important steps are taken in writing and through a notary to ensure they are valid.

• Map out all assets and debts: Together with the other heirs, make an inventory of everything the deceased owned, where they had accounts, and what liabilities they may have had. The fewer "surprises" that arise later, the better. If you suspect that there is hidden property (safe, investments) or debt, inform the notary. It is a criminal offense to conceal part of the estate from the notary. Openness from the outset will prevent suspicion that someone is hiding something.

• Do not succumb to pressure or euphoria: Situations where one of the heirs pushes the others into a quick agreement ("Sign it quickly so we can get it over with") or, conversely, promises the moon, are dangerous. Do not allow yourself to be manipulated into an unfavorable agreement in a hurry or under emotional pressure. It is better to ask for time to think and consult with a lawyer. Similarly, avoid taking hasty steps on your own initiative—for example, do not distribute or sell items from the estate without the agreement of the others and without the knowledge of the notary. Consult on every step to avoid violating anything.

• Communicate in writing if the dispute escalates: As soon as relations between the heirs become tense (arguments at meetings, heated phone calls), it is better to switch to a calmer form of communication – emails, letters. Written communication is more objective and you will also have evidence of agreements or promises. This can be useful if the dispute escalates to court. Of course, it is ideal to keep communication polite and open; however, if this is not possible, it is better to take the official route.

• Keep an eye on mandatory heirs: If the deceased left a will that omits someone (typically children), remember that minors must receive at least 3/4 and adults 1/4 of their legal share (mandatory share) unless they have been validly disinherited. A notary will take care of this, but it is still good to know that even a will cannot completely omit a descendant. If you are the omitted descendant, be sure to come forward—you are entitled to your compulsory share.

• Division of property management during the proceedings: Inheritance takes some time, and until then, the property formally belongs to the estate as a whole. You should agree on who will take care of things like house maintenance, utility bills, and pets so that the property doesn't fall into disrepair or get damaged. These expenses can then be settled as part of the inheritance. If you cannot agree, the court may appoint an estate administrator, but this is a last resort. Provisional administration is a common source of disputes ("You used the car for six months, so you should get less!"), so be fair and transparent.

• When to contact a lawyer: The sooner, the better. If you suspect that the inheritance will not be straightforward (e.g., multiple heirs with strained relationships, large assets, debts, complicated family situations such as a partner, stepchildren, etc.), it is worth consulting a lawyer specializing in inheritance law right from the start. A lawyer will explain your rights (what share you are entitled to, whether you can claim gifts, what the situation is with debts, etc.) and check the documents you will be signing. If a conflict is already underway, a lawyer will represent you in negotiations—communicating with other heirs or their lawyers on your behalf, thus avoiding direct confrontation. They will also ensure that no one shortchanges you on your share or circumvents the law. Qualified advice at the outset often prevents the escalation of a dispute. And if it comes to court proceedings, having an experienced lawyer at your side is almost a necessity.

• A notary is not your advisor: Keep in mind that even though a notary conducts the proceedings, they are not a legal representative of any party. Their job is to be impartial and ensure that the proceedings are conducted in accordance with the law. Therefore, they cannot advise one heir against another. If you feel that you need advice that is purely in your best interest, you must have your own lawyer. The notary will answer your questions about the proceedings, but cannot advise you to "insist on a larger share," for example.

This advice will help you navigate this difficult situation and not lose sight of your rights and the importance of maintaining decency. Every inheritance proceeding is different, but the rules of law are set – it pays to know them and follow them. When in doubt, it is better to ask an expert than to make an irreversible mistake.

A real-life story: When a family falls out over an inheritance

To illustrate the complications that can arise from the absence of a will and disputes between heirs, let's look at a model story inspired by real events.

Mr. Novák had two adult children from his first marriage (a son, Petr, and a daughter, Lucie) and a second wife, with whom he had lived for the last 10 years. Unfortunately, he died suddenly of a heart attack without leaving a will. After the initial shock, the family gathered to discuss the inheritance. According to the law, the surviving spouse and both children were to inherit equal shares, i.e., one-third each. However, it soon became apparent that they had completely different ideas about how to divide the property. Mr. Novák owned the family home where he lived with his wife, as well as a cottage to which his daughter Lucie had strong emotional ties. His son Petr had helped his father with his business for many years and was effectively running the small family business.

A problem arose at the notary's office: Who would get the family home? The wife assumed that she could live there, as it had been their shared home. However, the children, especially Lucie, wanted to sell the house and divide the money—they couldn't imagine co-owning a house with their stepmother. His wife felt hurt: "You want to take my home away from me." Lucie argued: "You only own a third, you can't claim the whole house." Petr remained silent because he wanted to keep the peace, but at the same time he was faced with another dilemma: the company. He would like to take it over and continue his father's legacy, but without a will, he did not have exclusive rights to it – it would belong to all three heirs jointly. Lucie was not interested in the company and suggested selling it as well, so that "everything would be divided fairly." This angered Petr: "My father wanted me to run it. I put years of work into that company—why should a stranger (meaning Lucie's husband) get money from it?" Lucie countered that their father had not explicitly stated this and that a share in the company was as much a part of the inheritance as anything else.

The atmosphere grew tense. Nováková felt overwhelmed—she had lost her husband and now feared losing the roof over her head. Petr was frustrated that he could not fulfill his father's wishes as he understood them. Lucie, on the other hand, felt it was unfair that her brother wanted to "grab" the business for himself and just pay her some money. The family, which had been getting along quite well until then, found itself on the verge of a breakdown in relations.

The notary proposed a solution within the limits of what was possible – an agreement: The wife would keep the house in exchange for giving up her claim to the cottage in favor of Lucie and part of the financial savings in favor of Petr, so that Petr could pay Lucie her share of the company. However, communication between the surviving relatives had become so strained that they were unable to trust each other. Each suspected the other of wanting to get more. The agreement collapsed. The inheritance proceedings dragged on; an expert opinion on the company and the real estate had to be requested because the valuation was also the subject of a dispute. After a year of fruitless negotiations, the situation reached a point where the notary concluded the proceedings by a decision in accordance with the law – each party received a one-third share of everything. However, this did not end the problems, but rather marked the beginning of them: it meant that the wife and two children became co-owners of the house, the cottage, and the company. And because they barely communicated with each other, further legal proceedings had to be initiated to terminate the co-ownership. In the end, the house was sold at auction, the company was closed down and its assets were sold off because no agreement could be reached. Petr and Lucie are no longer on speaking terms, and Mrs. Nováková has moved in with her sister. Looking back, everyone involved bitterly regrets that they were unable to reach an agreement earlier—the result is high costs, destroyed family relationships, and a sense of injustice.

This story illustrates how the lack of a will and the subsequent unwillingness to compromise can turn natural inheritance claims into a long legal battle. All Mr. Novák had to do was write a clear last will and testament in advance—for example, bequeathing the house to his wife, the company to Petr, and the cottage to Lucie—and the family would have been spared a lot of pain. Or the surviving relatives could have consulted a lawyer in good time to help them find a compromise before relations were irreparably damaged.

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Why legal assistance is important and how it can help

In tense inheritance disputes, it is clear that a layperson is unlikely to know all their rights and be able to maintain the necessary distance. Legal assistance can therefore play a key role – not only from a legal point of view, but also as emotional support and a mediator in the conflict. Here are the main reasons why you should not hesitate to consult a lawyer specializing in inheritance:

• Expert guidance and advice: Inheritance law has its own specifics and exceptions. A lawyer will explain clearly what you are entitled to and what your options are (renouncing the inheritance, demanding settlement, challenging the validity of the deed, etc.). They will point out pitfalls that you may not see, such as the fact that by accepting an inheritance, you also take on debts, or how the compulsory portion for descendants works. This allows you to make the right decision from the outset and avoid mistakes.

• Representation in negotiations: A lawyer can negotiate with other heirs on your behalf. If communication within the family is tense, it is often better to have proposals and counterproposals interpreted neutrally by legal representatives. Emotions are set aside and the matter is dealt with objectively. The lawyer will also draw up all agreements in writing in a legally valid form. This makes it easier to reach an agreement, as each party can be sure that they are legally protected. Even a notary will appreciate it when he or she is presented with a consensual agreement drawn up by lawyers – it can be approved quickly.

• Protection of your rights: When a dispute arises, everyone defends their own interests. It may happen that someone tries to cheat others – conceal part of the estate, manipulate an elderly survivor, etc. In such moments, a lawyer is your shield. They will make sure that everyone plays fair and obeys the law. If the other party already has a lawyer, you should not remain unrepresented, otherwise you will be at a disadvantage. A lawyer can uncover any attempts at fraud or coercion and take legal action in a timely manner.

• Faster and more effective solutions: With legal assistance, disputes can often be resolved sooner. Lawyers are familiar with the procedures and know what an agreement can be based on. They can propose non-standard but legal solutions that would not occur to a layperson—for example, settling an inheritance by exchanging property between heirs or establishing a life estate (so that a widow can remain in the house that will go to her children, etc.). Such creative solutions can lead to satisfaction for all parties. Without an expert, you might remain stuck in a deadlock.

• Emotional distance and support: Although a lawyer is not a psychologist, their lack of personal involvement brings calm and order to the matter. You can rely on their confidence and experience. Many clients report that their legal representative helped them overcome stress – they knew they had someone on their side who knew what they were doing. You don't have to bear all the stress alone. The mere fact that a lawyer takes over communication with the other party will relieve you of some of the emotional burden.

• Representation in court: If the dispute goes to court (e.g., a lawsuit to invalidate a will, to settle joint ownership, etc.), you cannot do without a lawyer. Court proceedings have strict rules, you have to propose evidence, draft submissions—a lawyer will take care of all that. They have experience, so they know how to argue and what to look out for. This increases your chances of success in the dispute.

In many cases, involving a lawyer early on can prevent a conflict from escalating into a family tragedy. For example, if the heirs use mediation with the help of a lawyer right from the start, they can reach an agreement before bad blood prevails. A lawyer can be the cool head that proposes the best solution for all parties, while the bereaved, acting alone, would not be able to do so in the heat of the moment.

Probate is a demanding process, especially when there is no will and disputes arise. However, you are not alone. Don't be afraid to ask for help, whether in the form of a one-time consultation or full representation by a lawyer. A good lawyer can protect your interests and emotional well-being when you need it most. Contact an expert before it's too late – prevention and timely resolution are key in these situations. Your goal should be not only to get a fair share of the inheritance, but also to preserve your family, memories of the deceased, and peace of mind that you handled the situation with respect and prudence.