Tutorial for submission of a land claim in Slovakia

The legal substance of the claim is a petition asking for inheritance proceeding of the new discovered estate according the Civic Code. The petition is to be addressed to the Slovak District Court responsible for the town, where the estate is located.

Usually, the deceased benefactor died typically 50 years before and he did not write any will. The heirs living abroad (typically the children of the deceased) were not informed by the communist regime, that they are eligible heirs. Now also the first generation of the heirs is dead and the eligible heirs are now grandchildren of the benefactor.

The inheritance proceeding would start after at least one of the eligible heirs would submit a petition, in ideal case this could be done by one of the heirs, who is a Slovak national - this is not obligatory, but it would spare the cost.

The petition

The petition addressed to the Inheritance Department of the District Court must contain:
  1. Identification of the estate - a certified copy of the List vlastníctva (the electronic version is not sufficient, a hard copy with stamp of the Land Register Office (Správa katastra) is requested);
  2. Certified copy o the benefactors death certificate - the owner listed in the List vlastníctva;
  3. The will of the benefactor (if any) and the previous inheritance decisions related to other estates of the benefactor (if any);
  4. The list of the heirs (full name, date of births, parents, address, description of the kinship, e.g. child, grandchild, cousin, nephew, etc.) optionally annexed with documents proving the legibility of the heirs (their birth certificates, etc.)
  5. Legible signature of the petitioner
The petition must in Slovak language and the supporting documents must be in original and in Slovak language (or certified copies with certified translation).

The procedure

The Inheritance Department of the District Court will check the petition and the documents attached there. If they find all data and documents consistent, the court will assign a notary public, who will continue the proceeding on behalf of the court. The notary public will contact all the heirs and and he will first ask them, if they want to be heirs. The heirs, who are not interested can resign. The resignation must be done in writing and the signature of the resigned heir must be certified by notary public. If the resigned heir is in USA, he must go to an American notary public, sign there the English rejection statement. This statement must be than translated to Slovak by certified translator. In case, the heir in USA wish to continue, he must either personally come to the notary's office in Slovakia, or to appoint somebody as its agent. The appointment (Power of Attorney, POA) must have a certified signature and must be translated by certified translator to Slovak.

The notary  public will not continue, until all heirs clarified their status, i.e.:
  1. they reject the inheritance, or;
  2. they accept the inheritance and they are ready to come to notary public, or;
  3. they accept the inheritance and appoint their agent.
The next step is a meeting of all heirs or their agents with the notary public. He will propose an uniform distribution of the estate and ask the heirs, if they agree. The heirs can accept the proposal, or to give alternative proposals. Any of the heirs can resign also at this stage. After an agreement between the heirs is achieved, the notary public will write minutes of the meeting and he will record the agreement achieved.

The next administrative steps are conducted again by notary public. Finally the court will inform the land record office and the new owners will be inscribed in the List vlastníctva (LV).

The cost

The following expenditures can be expected:
According my experience, the largest part of the cost is the fee of the certified translator.

In addition there is a need for somebody, who will draft the petition and communicate with the Slovak Authorities in Slovak language.

Revision date: 30 January 2010

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