[2023] How to File a Request for Additional Inheritance Proceedings in Slovakia?

In practice, it is common for heirs to discover that not all of the ancestor's property was distributed after the completion of the inheritance proceedings. In the past, land properties, in particular, were often left undistributed.We address the reasons in more detail in a previous article.What steps should be taken when such a situation arises? How to file a request for additional inheritance proceedings?

In the article, you will find the following information:

• Requirements for filing a request for additional inheritance proceedings
• How the additional inheritance proceedings take place
• Fees to consider
• Our recommendation
• How we can help

The procedural regulation of additional inheritance proceedings is governed by the Civil Non-Contentious Procedure Code. According to Article no. 159 of the Civil Non-Contentious Procedure Code: "The court that concluded the inheritance proceedings has local jurisdiction for additional inheritance proceedings." It is, therefore, necessary to submit a proposal to the court.

Requirements for filing a request for additional inheritance proceedings

The request for additional inheritance proceedings should mainly include:

• identification of the court to which the proposal is addressed
• the person submitting the proposal
• definition of the legator after whom the inheritance is to be distributed
• the purpose of the request – conducting additional inheritance proceedings
• definition of the legator's heirs according to the inheritance order
• definition of the legator's property that you want to inherit (so-called newly discovered property)
• signature of the applicant
• attachments

While it is not essential for the definition of the legator's property and the scope of his heirs to be complete in the proposal, providing precise and detailed information to the court may affect the duration of the proceedings. We recommend providing information that you have available right from the beginning.

This also applies to attachments, which should primarily be documents documenting the inheritance sequence. So, if you are inheriting land, for example, from a great-grandfather, it is ideally necessary to provide a document that concluded the inheritance proceedings that took place (if any) after his death, decisions concluding inheritance proceedings for all his deceased heirs up to the living heirs.

How Additional Inheritance Proceedings Take Place

After the initial steps, the court will assign a notary to go into the matter. Notary will act as a judicial commissioner in the proceedings. After verifying the extent of the property, its estimated value, and the circle of heirs, the notary will ideally reach an agreement with the heirs on the distribution of the inheritance, any payments, and the like.

The notary will summon the heirs for a hearing. Especially in cases where inheritance is after a predecessor from several generations ago, the circle of heirs can be quite extensive. In our practice, we have attended discussions where 45 heirs were summoned, so we recommend considering the possibility of appointing a representative for the heirs. The hearing is completed by the legal force of the resolution on the inheritance.

Fees

If you decide to embark on this process, you need to consider the following costs:

• Court fees - the amount of court fees is regulated by the Act on Court Fees, according to which the fee for filing a proposal for the discussion of inheritance for newly discovered property is 1% of the net value of the inheritance to be discussed, at least € 6.50 and a maximum of € 165.50.

• Notary fees – the amount of notary fees is regulated by the Decree of the Ministry of Justice of the Slovak Republic on the fees and reimbursements of notaries. In this case, the basis for the commissioner's fee for acts performed in the proceedings is the general value of the property discussed. The amount of the fee under Article no. 13 of the decree is calculated as follows:

• 2 % of the first € 3,300 of the base,
• 1 % of the amount exceeding up to € 16,500 of the base,
• 0.7% of the amount exceeding up to € 33,100 of the base,
• 0.4% of the amount exceeding up to € 99,500 of the base
• 0.2% of the amount exceeding up to € 663,800 of the base
• The amount above € 663,800 is not included in the base.

In addition, the notary is entitled to reimbursement of actual expenses, such as postage and the like.

• Other fees – e.g., fee for making photocopies of archival documents, postage for individual submissions, certification of a signature on a power of attorney for the discussion of inheritance, and the like.

Our recommendation

Given that the entire process is often time-consuming and involves costs, we recommend evaluating in advance what land would be the subject of inheritance. Or whether its value is adequate to the time and costs that successful completion of the entire process will require.

You can search for individual plots on the map here: https://www.geoportal.sk/sk/geoportal.htmlWe also recommend checking the possibilities of using the respective plots according to the zoning plan for the area in which they are located. You can also monitor prices for similar land in the offer of real estate agencies. If you are unsure, we recommend consulting with an expert.

What We Can Do for You?

If you want to consult, check if your family also has undistributed property, or if you are interested in representation in additional inheritance proceedings, we offer you the following services:

• personal, telephone, or online consultation
• we will analyze your options and propose a specific procedure
• we will request information from the District Office, registry office, archive, district court
• we will prepare a proposal for additional inheritance proceedings
• we will represent you in additional inheritance proceedings before the court and notary
• we will negotiate with other co-heirs on your behalf and help you with documents for the inheritance agreement
• we will represent you in disputes with co-heirs Read also: [Link to additional relevant articles]

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