Representation of an heir in inheritance proceedings in Slovakia

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QUESTION

I live abroad, my mother passed away in Slovakia. I was summoned by a notary for inheritance proceedings in Slovakia, but I cannot attend as I am abroad. Does your law office represent heirs in inheritance proceedings in Slovakia? Also, could you please provide information about notary fees in inheritance proceedings, how much they cost? There are two heirs—my sister and I—and my mother only owned an apartment.

ANSWER:

Yes, we also provide the legal service of representing heirs in inheritance proceedings before a notary. If you are interested, contact us at office@akmv.sk.

If we understood correctly, there are only two heirs—you and your sister.

We do not know whether the subject of the inheritance proceedings includes things other than the apartment (e.g., the mother’s personal account, movable assets…); therefore, if it were only the apartment, the notary will suggest an estimated price for the apartment or, alternatively, invite you to state what the apartment’s value is. From this, the notary then calculates their fee, which is set by Decree No. 31/1993 Coll.

Section 12, Paragraph 1: “The basis for the fee of the court commissioner for other actions performed in inheritance proceedings, other than those mentioned in Section 11, is the general value of the deceased’s property that became the subject of the inheritance proceedings.”

Section 13, Paragraph 1: “The fee mentioned in Section 12, Paragraphs 1 and 2 is:

  • from the first €3,300 of the base ……………………………………………………………….. 2%,

  • from the exceeding amount up to €16,500 of the base ………………………………. 1%,

  • from the exceeding amount up to €33,100 of the base ………………………………. 0.7%,

  • from the exceeding amount up to €99,500 of the base ………………………………. 0.4%,

  • from the exceeding amount up to €663,800 of the base …………………………….. 0.2%,

  • at least €23. An amount exceeding €663,800 is not included in the base.”

If there are only two heirs and you inherit half-and-half, you will have to pay half of the notary’s fee as well as half of the court fee to the court (€165.50). Likewise, the liabilities of the inheritance (for example, funeral expenses).

JUDr. Veronika Michalíková, MBA