Quick overview
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A will at a notary usually costs thousands of crowns.
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Inheritance proceedings have statutory banded rates (2%, 0.9%, 0.5%…).
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For an inheritance of CZK 1,500,000, the fee is CZK 17,000 excluding VAT.
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The minimum fee for a notary is CZK 2,000.
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VAT and out-of-pocket expenses are added to the amount.
If you want to be sure that the will is legally flawless, we will prepare it for you at a predetermined price.
Why is a notary essential in probate and what does his work involve?
A notary acts as an impartial court commissioner in probate proceedings. What does this mean in practice? He ensures that all legal procedures for the distribution of property during the succession proceedings are fair and followed. The succession is always heard by a notary appointed by the court. The system thus guarantees transparency of the proceedings and prevents possible conflicts between heirs.
The notary is in charge of drawing up the necessary documents, securing the rights of inheritance, ascertaining the value of the property and also supervising the correct distribution of the inheritance among all the heirs. However, this service is not free of charge. The notary charges a fee for his/her work, which depends on the value of the property under consideration or on the complexity of the will to be drawn up.
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Do you need to make a will?
We will prepare a will exactly according to your requirements and at the same time according to the applicable regulations so that it is unassailable. We can do all this for you within five working days and at a predetermined price. Take advantage of our transparent and professional services and save yourself the hassle of making a will.
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How much does it cost to have a will drawn up by a notary?
The price for making a will is very individual. For a very basic will without specific requirements, the price can be several thousand crowns. This is the standard fee for basic wills where a simple division of property without special conditions is required.
However, if you want to include specific conditions in the will (e.g. shares of inheritance, division among several heirs, conditions for minor heirs, etc.), the price for drawing up a will may rise in proportion to the requirements that need to be specified.
At our law firm , you will get a will at a predetermined price, so even if you have a larger number of requirements and conditions that need to be individually worked out, you will not be surprised by any extra fees.
Why should a notary make a will?
There are several advantages to having your will drawn up by a notary. A handwritten will may not always be recognised by the authorities after the death of the drawer. Especially in cases where the will contains formal errors or is not clearly understandable. By contrast, a will drawn up by a notary provides you with greater legal certainty and a guarantee that all the necessary formal rules will be followed, minimising the risk of it being challenged.
The cost of drawing up a will may therefore vary according to its scope and complexity, but it is an investment in the certainty that the estate will indeed be distributed according to the testator’s wishes.
If you are unsure whether your will meets all the legal requirements, you can use our will drafting service – we will prepare the document to minimise the risk of future disputes between heirs.
The most common dispute arises with vaguely worded Wills where the testator has not, for example, appointed a substitute heir or accurately designated assets.
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Tip: Did you know that you also have the right to refuse an inheritance? Read our article about the conditions under which you can renounce your inherited property.
What is the notary’s fee for the hearing of the succession and the fee schedule?
The notary’s fee for the hearing of an inheritance is fixed according to the value of the inheritance through the so-called fee schedule.
The basis for calculating the fee is the normal value of the property left by the deceased (i.e. the value of the assets of the estate). In practice, we often see that heirs calculate the notary’s fee as one per cent of the total amount, which is a mistake – the rates are banded.
A so-called banded calculation is used – each part of the estate falls into a different “band” and a different percentage rate is applied to each band. The resulting award is the sum of the amounts calculated from each band.
Schedule of fees for probate:
The notary’s fee as a court commissioner is calculated according to the notary’s fee schedule and is:
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2% of the first 500 000 CZK,
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0.9% of the amount above CZK 500 000 up to CZK 1 000 000,
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0.5% of the amount above CZK 1 000 000 up to CZK 3 000 000,
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0,1 % of the amount above CZK 3 000 000 up to CZK 30 000 000,
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0,05 % of the amount above CZK 30 000 000 up to CZK 100 000 000.
The minimum remuneration is CZK 2 000. The part above CZK 100 000 000 is not included in the base.
Each inheritance item has its own value, which is included in the total amount for calculating the remuneration. In addition, the notary may charge special fees for certain acts, e.g. for assets abroad or for inheritance assets that require further valuation.
VAT is added to the notary’s remuneration at the statutory rate if the notary is a taxable person.
In practice, it is often the case that heirs have no idea how the fee is calculated. If you are dealing with a more complex estate, we recommend consulting a lawyer beforehand.
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Tip: Wondering how securities inheritance works? Find out what legal deadlines you need to meet and what you can expect if you inherit bonds, shares, notes or other financial instruments.
What is the difference between notary fees and inheritance tax?
In the Czech Republic, inheritance tax used to exist as a separate cost in inheritance proceedings. However, this was abolished as of 1 January 2014. This means that inheritance tax no longer needs to be paid, but notary fees still remain and are an important part of the costs of inheritance proceedings. The advantage is that compared to inheritance tax, notary fees do not burden you with additional financial costs and formalities that would complicate the inheritance.
The notary’s fee is therefore the main cost of the succession procedure. However, this is in addition to out-of-pocket expenses (e.g. postage, extracts from registers) and possibly VAT. In some cases, costs for expert opinions or other acts may also be incurred.
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Tip: Unfortunately, there are also many problems associated with dealing with an estate. What if you inherit a debt? Is it possible to defend yourself? And what if, for example, two-year-old children inherit such a debt? Find out more in our article.
Why use the services of a notary?
Although notary fees may discourage you from using the services of a notary at first, a quality professional brings many advantages thanks to his/her work. A notary will ensure that your inheritance proceedings are fair and legally certain.
A will drawn up by a notary is considered a more reliable document than a handwritten will, which minimises the risk of contestation. A notary also plays an important role in the event of disputes between heirs and is able to help you deal with more complex situations.
Advantages of using the services of a notary:
- Legal certainty: the notary will ensure that all legal requirements are met and that the succession takes place according to the law.
- Speed and efficiency.
- Protection of heirs: The notary ensures that each heir receives a fair share according to the applicable law.
On the other hand, notarial fees can reach tens of thousands of crowns for larger estates, which can be a significant financial burden for some heirs. However, investing in the services of a notary is definitely worthwhile as a prevention of potential legal problems.
Summary
Notarial fees in inheritance proceedings can be a significant cost, but they ensure the smooth running of the inheritance proceedings, both when the will is drawn up and when the property is distributed among the heirs. The cost of drawing up a will is in the thousands of crowns, while the notary’s fee for the probate hearing is based on the value of the estate according to the statutory fee schedule.
Using the services of a notary in succession brings legal certainty, protection of heirs and fair distribution of property. Although inheritance tax has been abolished, the notary’s fee for inheritance is still an important part of the costs and reduces the risk of legal conflicts.
Frequently Asked Questions
Is the notary paid in advance?
Usually not. The fee is paid after the succession proceedings are completed.
Do the heirs pay the notary equally?
Yes, unless they agree otherwise, they pay the costs pro rata according to their inheritance shares.
Is the notary paid even if the inheritance is refused?
Yes, the proceedings are also ongoing in the event of a refusal of succession.
How much does a simple will cost at a notary?
Usually several thousand crowns depending on the scope and complexity.
Can I deposit my will in the central register?
Yes, the notary will enter it in the Register of Legal Acts in case of death.
Is inheritance tax payable?
No, inheritance tax was abolished in 2014.