First, bring an action for a declaration that the property belonged to the deceased at the date of death or that it forms part of the estate. All heirs should be parties to the proceedings, as claimants or defendants, together with the registered owner. If the judgment is binding on the registered owner, ÚGKK’s position is that the land registry will enter the deceased as owner by a declaratory entry. The court, acting through a notary, will then deal with the property in inheritance proceedings. If those proceedings have already concluded, it will deal with the property in supplementary proceedings.
During inheritance proceedings, it emerges that the house in which a parent lived for years is registered in someone else’s name. For example, the parent may have transferred it shortly before death in circumstances that the heirs consider grounds for invalidity, or the entry may have resulted from a disputed transfer. The notary will generally not include such a property in the estate, and the land registry will not change the entry without a supporting document.
Why inheritance proceedings will not resolve this
Inheritance proceedings establish and inventory the deceased’s assets (Section 197 of the Code of Civil Non-contentious Procedure). A dispute with a third party over the validity of a transfer to that person is generally not resolved in those proceedings. Even between the heirs themselves, if an asset is disputed, the court merely establishes that it is disputed and excludes it when calculating the estate’s value, unless a court has already finally determined the dispute before the proceedings conclude (Section 198). Excluding a disputed asset from the estate does not prevent a person from asserting their right by bringing an action (Section 212(1)).
What action to bring
This is an action for a declaration as to whether a right exists, for which the claimant must have a compelling legal interest (Section 137, letter c) of the Code of Civil Contentious Procedure). In its order in case 6Cdo/102/2024 of 24 February 2026, the Supreme Court of the Slovak Republic reiterated that an heir cannot seek a direct declaration of their own ownership of the deceased’s assets. They may seek a declaration that the assets belonged to the deceased at the date of death or that they form part of the estate. Only then can those assets be dealt with in inheritance proceedings. The court accepts both formulations and left the choice to the claimant. In an observation beyond what was necessary to decide the case, it noted that the first formulation appeared more appropriate in a dispute between heirs and a third party.
It is not sufficient for one heir to bring an action solely against the registered owner. In its order in case 8Cdo/94/2018 of 16 May 2019, rejecting an extraordinary appeal on points of law, the Supreme Court of the Slovak Republic summarised its settled case law. All heirs must participate in an action for a declaration that an asset forms part of the estate, either as claimants or as defendants; otherwise, the action will fail for lack of standing on the claimant or defendant side. An heir who does not join the action as a claimant must therefore be named as a defendant. It is safer to include the same parties in an action for a declaration of the deceased’s ownership.
How the judgment is entered in the land registry
If a court decision is binding on the person registered in the land registry and directly affects that person’s right, the cadastral department makes a declaratory entry in accordance with the operative part of the decision (Section 36a(2), letter a) of the Cadastral Act). The registered owner must therefore be a party to the proceedings. In Cadastral Bulletin 1/2025, the Geodesy, Cartography and Cadastre Authority (ÚGKK) takes the view that such a judgment is registered by a declaratory entry, rather than a notation, and that the deceased is entered as owner despite no longer being alive. It thereby superseded its earlier answer from 2010.
If the inheritance proceedings have already concluded, the court will, on application, conduct supplementary inheritance proceedings concerning the property. It will discontinue those proceedings if the property was not owned by the deceased (Section 211(1) and (3)). The decision in those proceedings then serves as the basis for registering the heirs.
If the property changes hands in the meantime
If the registered owner sells the property during the dispute, the judgment may not bind the new owner. In that case, the land registry will not make a declaratory entry; it will enter a notation of the judgment for two months and request that an action for a declaration of the right to the property be brought, this time against the new owner (Section 36a(3) of the Cadastral Act). A notation of the court proceedings, which the land registry will also enter on a party’s application, helps prevent this (Section 39(1)).
The following quotation is reproduced in its original language:
Výrok právoplatného rozsudku o určení vecného práva k nehnuteľnosti alebo o určení neplatnosti dobrovoľnej dražby nehnuteľnosti je záväzný aj pre osobu, ktorej sa týka návrh na povolenie vkladu vecného práva k nehnuteľnosti, ak bol návrh podaný v čase, keď v katastri nehnuteľností bola zapísaná poznámka o súdnom konaní.
Do not delay bringing the action. A lawful possessor, meaning a possessor acting in good faith, who has possessed the property continuously for ten years may acquire ownership by acquisitive prescription (Section 134(1) of the Civil Code). The article acquisitive prescription of land and registration in the land registry explains the conditions.
How we can help
We will examine the basis on which the owner was entered in the land registry and whether there are grounds to challenge the transfer. We will prepare an action naming the proper parties, together with an application for a notation, as part of our declaration of ownership service, and provide representation in the dispute through to registration in the land registry.
This answer provides general information on the law as at 3 October 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
