Inheritance · Basics

Escheat – what happens to property with no heirs

Reading time: 4 min

This is exactly the reason properties from the ÚZSVM list eventually pass to the state if nobody comes forward for them — the legal concept behind it is called escheat (odúmrť).

What escheat means

If, after someone's death, no heir remains — neither by statutory succession nor by will — the entire estate passes to the state. This situation is called escheat. Under the current civil code (89/2012 Sb.), the state is treated as heir of last resort in this case.

Why there are six inheritance classes today

Until the end of 2013, the old civil code recognized only four inheritance groups — and the narrower the circle of possible heirs the law sets, the more often property falls to the state. Since 2014, the new civil code expanded the number of classes to six, including more distant relatives such as grandparents, great-grandparents, or the children of the deceased's siblings and grandparents. The goal was specifically to reduce the number of escheat cases.

How the process works

If a notary, acting as court commissioner, determines that the deceased has no statutory or testamentary heirs, they notify the Office for Government Representation in Property Affairs (ÚZSVM), which represents the state in the proceedings. Before the final ruling is issued, an inventory of the deceased's entire estate is made, including debts, in cooperation with expert appraisers.

What happens to the property afterward

It takes a long time According to ÚZSVM, roughly 90% of proceedings in which the state takes over an inheritance run for more than a year. The office still has open cases dating back to 2001.

According to ÚZSVM's annual report, the state handled 1,323 escheat cases in 2023, worth over 440 million CZK in total — though the number of cases has been declining slightly in recent years, precisely thanks to the broader circle of heirs under the new civil code.

Check whether this affects you

Before property passes to the state, check the ÚZSVM list under your own name and relatives' names.

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