A father lived in Brno during his final years but still owned a flat or a share in land inherited from his parents in Slovakia. Many families whose members live on both sides of the border face this situation. After his death, the heirs ask whether they need two succession proceedings and who will arrange for the new owner of the Slovak flat to be registered. For deaths on or after 17 August 2015, the answer is provided by Regulation (EU) No. 650/2012, which, under Article 83(1), applies to the succession of persons dying on or after that date.
The deceased’s habitual residence is decisive
Article 4 of the Regulation contains the basic jurisdiction rule.
Original statutory wording:
Právomoc konať vo veci celého dedičstva majú súdy členského štátu, v ktorom mal zosnulý obvyklý pobyt v čase smrti.
Unofficial translation: The courts of the Member State in which the deceased had their habitual residence at the time of death have jurisdiction to rule on the succession as a whole.
The Czech Supreme Court relied on this rule in its order in case 27 Cdo 898/2025 of 11 August 2026. The deceased died in February 2023 and had her habitual residence in Czechia. Her daughter and son later applied for supplementary succession proceedings concerning her co-ownership shares in Slovak properties. The district court discontinued the proceedings, and the regional court upheld that decision, relying on an older ruling based on the legal regime preceding the application of the Regulation, under which only a Slovak court could deal with property in Slovakia.
The Supreme Court varied both orders so that the proceedings were not discontinued. Because Article 4 concerns the estate as a whole and jurisdiction follows the deceased’s habitual residence, the Czech court also has jurisdiction over the part of the estate in Slovakia (paragraph 24).
The Court relied on the principle of the unity of the estate and on Court of Justice of the EU case law, particularly the judgment in C-20/17 Oberle, under which an interpretation that fragments the estate conflicts with the Regulation’s objectives. Article 4 also covers the reverse situation. If the deceased had their habitual residence in Slovakia, a Slovak court generally deals with the entire estate, including a flat in Czechia.
Habitual residence generally also determines which country’s succession law applies. The law governing the succession as a whole is that of the country where the deceased had their habitual residence at death or, exceptionally, the country with which they demonstrably had a closer connection (Article 21). The deceased could, however, choose the law of a country whose nationality they held at the time of making the choice or at the time of death. The choice may be made expressly, for example in a will, or be demonstrated by its terms (Article 22). A Slovak national living in Czechia could therefore specify in a will that Slovak law should govern their succession.
Choosing Slovak law does not in itself automatically transfer the proceedings to a Slovak court. If the deceased chose the law of a Member State, the parties concerned may, subject to Article 5, agree that the courts of that state are to have exclusive jurisdiction.
How habitual residence is determined
The Regulation does not define habitual residence by a number of days or an address. Under recital 23, the authority handling the succession must assess the deceased’s overall circumstances during the years before death and at the time of death. It must consider all relevant factors, particularly the duration and regularity of their presence in the country and the conditions and reasons for that presence. Habitual residence determined in this way should reveal a close and stable connection with the country. An officially registered address is therefore not decisive on its own. For someone who lived alternately in Czechia and Slovakia, habitual residence may be the main disputed issue in the proceedings.
What the Slovak land registry needs
The Regulation does not govern registration in public registers itself. Registration of rights in immovable property, including the legal requirements for registration, is excluded from its scope (Article 1(2)(l)). A decision issued in Czechia is recognised in Slovakia without any special procedure (Article 39(1)). However, Article 40 also provides grounds for refusing recognition, such as manifest incompatibility with public policy or an irreconcilable conflict with another decision. The conditions for registering an heir on the title deed are nevertheless set by the Slovak Cadastral Act (Act No. 162/1995 Z. z.).
Inheritance is not registered through the constitutive registration procedure used for a purchase. Rights arising by law or a state authority’s decision, and rights certified by a notary, are entered by a declaratory record on the basis of public or other documents (§ 34(1) of the Cadastral Act). Our guidance on constitutive registration, declaratory records and notices in the land register explains the difference. The Cadastral Act also specifies the language in which a document may be submitted.
Original statutory wording:
Na zápis práva k nehnuteľnosti do katastra je spôsobilá v štátnom jazyku, českom jazyku alebo v úradne osvedčenom preklade písomne vyhotovená zmluva, verejná listina alebo iná listina bez chýb v písaní a počítaní a bez iných zrejmých nesprávností.
Unofficial translation: An agreement, public document or other document drawn up in writing in the state language, in Czech or in an officially certified translation, free from clerical and calculation errors and other obvious inaccuracies, is suitable for registration of a right in immovable property in the land register.
A Czech succession decision therefore does not need translation. It must, however, identify the property as it appears in the Slovak land register, particularly by cadastral area and parcel number and, for a flat, by the flat, entrance and floor numbers and the share in the building’s common parts (§ 42(2)(c)). If the document lacks these particulars, the district authority returns it and sets a deadline for correction (§ 42(5)).
If ownership is already entered on the title deed and a further document submitted does not correspond to the register’s data, the district authority will not make the declaratory record under § 36a(1). It will invite the affected persons to reach an agreement or bring an action for a declaration of the right. For court decisions, the special rules in § 36a(2) to (5) must also be taken into account, particularly whether the decision is binding on the registered owner.
It is therefore worth giving the Czech notary, who carries out the succession proceedings on the court’s authority, an up-to-date extract from the title deed while the proceedings are still under way.
The heirs may also request a European Certificate of Succession. Its use is not mandatory, and it does not replace domestic documents (Article 62(2) and (3)). It is a valid document for registering rights in inherited assets in another Member State’s register, but it does not alter that register’s rules (Article 69(5), read with Article 1(2)(k) and (l)). Certified copies are generally valid for six months (Article 70(3)). It is sensible to check in advance which document the district authority will accept as the basis for a declaratory record in the particular case.
What to consider for a cross-border estate
Where an estate includes assets in both countries, establish the following as early as possible:
- The date of death. The Regulation applies to deaths on or after 17 August 2015.
- Where the deceased had their habitual residence and how it can be evidenced.
- Whether they left a will and chose in it the law of a country whose nationality they held.
- A complete list of assets and debts in both countries, including shares in land and securities.
- Title deed extracts for the Slovak properties, to provide to the notary.
The Supreme Court case concerned supplementary proceedings for Slovak property shares that had not been dealt with in the original proceedings. The Court held that these too should be dealt with by the court of the state where the deceased had her habitual residence. An heir from Slovakia may appoint a representative under a power of attorney for the Czech proceedings. Whether personal attendance is needed depends on the court’s procedure.
How we can help
Where the assets include a business or an interest in one, its transfer within the family can be arranged during the owner’s lifetime through our family holding and succession service. If the heirs receive securities, our inheritance of securities service handles their transfer in the central securities depository. Our article on securities in an estate explains the context. If several heirs inherit a flat and cannot agree on its future use, our settlement of co-ownership service can help.
This article provides general legal information as at 22 October 2026. It does not constitute legal services or advice on your specific matter. Laws change and the details of your situation may differ. Check the appropriate course of action or contact us before making a decision.
