• 03/01/2023
  • By wizewebsite
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Can the heir immediately sell or rent the property after the death of the owner?<

8/5/2021 - After the death of a person who lives alone, an empty apartment or house remains. Many relatives are not clear about what can be done with the property before the probate process begins, for example whether something can be removed or cleared.

Who is entitled to inherit? Inheritance takes place on the basis of an inheritance contract or a will. If there is neither, it is inherited by law. Preference is given to the closest relatives (spouse, children, parents). If the testator does not have them, a close cohabitant comes next - i.e. a person who lived in the same household with the testator for at least one year before death. Siblings and distant relatives follow. How does the inheritance process take place? Although the right of inheritance arises upon the death of the testator, a specific heir only acquires a specific thing on the basis of a decision in the inheritance process. The court entrusts a notary with its management. The notary first finds out what the property of the deceased is. He will usually invite the next of kin or the person who arranged the funeral. In the case of the inheritance of a personally owned property, the notary will ask for an estimate of the price of the property. In the same way, in the case of a cooperative share, information on the amount of this share will need to be provided. In the context of inheritance proceedings, all assets, i.e. real estate, must first be valued, and then a decision made about it. After the notary makes a decision in the inheritance proceedings and no one appeals, the designated heirs become the owners of the inheritance. For real estate, the notary will ensure that the heir is registered in the real estate register. When is it possible to vacate the real estate? If there is only one heir, the situation is simpler. If there are several heirs, they must all agree on the actions they want to perform in the property. It is assumed as a matter of course that the heirs immediately after the death clear the so-called perishable things, such as food, flowers and the like, from the property. It is also possible to take away the personal belongings of the deceased, if they are not of extraordinary value. It is possible to clear out, for example, clothes, shoes and everyday items. However, all financial details should be registered in the inheritance proceedings - passbooks, bank accounts, jewellery, paintings and other property, the value of which can affect the amount of the inheritance. There is no need to hide anything. Since 2014, no tax has been paid on inherited property. Which actions require court permission? The administration of the estate, unless the deceased has specified otherwise, is carried out by all heirs. However, they can agree on who will carry it out and conclude an estate management agreement. The law does not even prohibit them from selling, donating or renting things belonging to the inheritance while the inheritance proceedings have not yet been completed. It is also possible to renovate the property. However, they can only do so with the permission of the court. The court is obliged to ensure that none of the heirs is harmed by these actions or that the satisfaction of creditors' claims is not threatened. Can the property be sold before the end of the inheritance proceedings? However, the heirs can also - without the permission of the court - offer it for purchase during the inheritance proceedings. However, they must wait until the notary's decision to conclude the purchase contract. By acquiring the legal force of the decision, the heir becomes the owner of the real estate. The registration of the ownership right in the cadastre has only a record character. The entitled heir can conclude a purchase contract for the transfer of real estate even before its ownership is registered in the cadastre. From a practical point of view, however, it is better to wait to submit a proposal for a new owner's deposit, when the heir - i.e. the seller - is listed as the owner in the cadastre. Did the topic interest you? We recommend: Do you have multiple properties and children? Divide your assets in time How to proceed when selling an inherited property Donating property to children. When is it possible to return the gift? Are you afraid that the children from your husband's first marriage will drive you out of the house? How to prevent it Gifting real estate with a decree limits the owner's disposal rights

Jindra Svitáková

Can the heir immediately sell the property after the death of the owner or rent?