Has someone close to you died and you are wondering whether you can choose your own notary for the inheritance proceedings? The reality is that the law does not allow any such choice. The process is governed by clear rules and the notary is always assigned to you automatically by the court based on the place of last residence and the date of death.
Each of us will probably encounter inheritance proceedings at some point in our lives, whether directly or through our loved ones. The loss of a family member is always a difficult situation, often made more complicated by the fact that many of us live tens, or even hundreds, of kilometres away from our parents or grandparents — and sometimes even abroad. Distance, however, does not change the fact that after their departure it is necessary to take care of the estate.
At this moment, the notary enters the scene. He or she guides us through the inheritance proceedings from the very beginning to the end, which may result in an agreement between the heirs or a court decision on the distribution of the estate. The notary very carefully ascertains the deceased's assets and debts and searches for the rightful heirs. Without their cooperation, the property could not legally pass to the new owners.
Can You Choose Your Own Notary for Inheritance Proceedings?
No. Although for ordinary notary services you can choose anyone you wish, inheritance proceedings are an exception. In them, the notary acts as a so-called court commissioner, who is entrusted with the proceedings directly by the court. In order to preserve complete impartiality and objectivity, the handling of the estate is assigned to them according to a precisely defined schedule.
How Is It Determined Which Court Will Handle the Case?
The basis is to find out which district court the inheritance proceedings fall under. The rules are set out in the Act on Special Court Proceedings. The court with local jurisdiction is determined according to the following order of priority (if the first point cannot be applied, the next one is used):
- The place where the deceased had registered permanent residence at the time of death (in the population register information system).
- The place where the deceased had their last actual residence (or the place where they last stayed).
- The place where the deceased's immovable property is located.
- The place where the deceased died.
How Is the Specific Notary Selected?
Once we have determined the competent district court according to the rules above, all that remains is to find out the name of the specific notary. At this step, the so-called schedule of notaries' activities applies.
Each court has its own transparent rules for assigning cases. In practice, cases are most often assigned to notaries according to the date of the deceased's death (for example, deaths on certain days of the month automatically fall to a specific notary). If you want to find out in advance which notary will handle the estate of your loved ones, all you need to do is enter "schedule of notaries' activities in inheritance proceedings" into an internet search engine and look at the website of the relevant regional or district court.
Frequently Asked Questions (FAQ)
1. Can I hire a notary I already know to handle the inheritance?
Unfortunately, no. You cannot freely choose a notary for inheritance proceedings. The notary is appointed by the court of local jurisdiction as a so-called court commissioner according to a fixed schedule, which is designed to guarantee their maximum impartiality.
2. How soon after the death will I find out which notary is handling our inheritance?
The court usually appoints a notary within a few weeks of the death (based on the death certificate from the registry office). If you know the date of death and the place of permanent residence of the deceased, you can look up the name of the notary in advance in the schedule of notaries' activities published by the courts on their websites. The notary will then contact you in writing to request your cooperation.
3. According to which criteria is the court that will handle the inheritance determined?
The primary criterion is the address of the deceased's permanent residence at the time of death. If this cannot be determined, the last actual residence, the location of immovable property or the place of death decides.
4. What is the notary's task in inheritance proceedings?
The notary is in charge of the entire proceedings. They search for the circle of heirs (including checking wills in the central register), ascertain the deceased's assets and debts, and conduct negotiations with the heirs so that the estate can be divided fairly and in accordance with the law.
5. What should I do if I live far away (e.g. abroad) and cannot attend the notary in person?
Distance is not an obstacle. Heirs who cannot or do not wish to attend the proceedings in person may use a lawyer for representation in the inheritance proceedings, or authorise another trustworthy person (for example, another family member) by power of attorney. Read more about power of attorney
Did you know?
Proceedings before a notary can take several months, or even years, and it is not always the notary's fault.
During inheritance proceedings, it is necessary to comply with precisely defined legal procedures and deadlines that simply cannot be artificially accelerated. In addition, a whole range of external factors come into play throughout the entire process. The notary must contact and then wait for official responses from banks, insurance companies and various authorities at which they investigate whether the deceased had any assets or, conversely, any unpaid loans. The entire process can also be prolonged by the heirs themselves, who are given binding deadlines by law to express their views (for example, time to think about whether to accept or refuse the inheritance).