[2024] How to Inherit Property You Didn't Even Know About?

We have been observing a long-term increase in attempts to extract money from less informed people. One of the themes that scammers often work with is promising a share of an inheritance. How to come into an inheritance? No rational person probably believes that a Nigerian prince wants to share his inheritance with them or that they could inherit from a tragically deceased relative or namesake somewhere abroad.

However, is there a legal and real possibility to come into an inheritance?

How could it happen that you inherit something you may not even know exists? In this article, we will show you that it is possible. In practice, we encounter many cases where such inheritances have been untouched for several generations. We will share our practical experiences with you: land that has not undergone inheritance proceedings for several generationsWe will share our practical experience with you on that:

• How can I find out if the land belonged to my ancestor?
• Procedure for determining if it is my ancestor.
• How to submit a proposal for supplementary inheritance proceedings?
• How does the inheritance proceeding work?
• What are the fees?
• Our recommendation
• What We Can Do for You?

How could an inheritance be forgotten?

Slovaks had a strong connection to the land for generations. However, this continuity was disrupted by communism and the accompanying collectivization of land. During this period, many farmers were forced to give up their land. A significant portion of the land came under the control of so-called unified agricultural cooperatives. Many families abandoned farming on their land and found employment in factories. This often involved moving to the city. If someone continued to farm on their land, they had to pay so-called contingents, often in unrealistic liquidation amounts.

For some families, the land gradually became a burden for various reasons, including inconsistencies in the records of land ownership and inheritance proceedings, as well as overall low legal awareness. This often led to a situation where, even after decades, the land registry still listed a long-deceased ancestor. In many cases, the current heirs may not even remember what land their ancestors owned, making it challenging to claim this inheritance.

How can I find out if the land is registered to my ancestor?

Do you want to check if ownership of the land is still registered to your ancestors? As the first step, we recommend the https://www.katasterportal.sk/kapor/.

On the cadastral portal's website, you can search for plots by the owner's name, specifying the cadastral area where the plots may be located. In your search, enter the names of your ancestors, and in addition to the village and cadastral area where they lived, we recommend checking neighboring cadastral areas.

At the beginning of 2023, the Slovak Land Fund published the List of Unidentified Owners. Potential heirs can search for their ancestors also in this list. List of unidentified owners. Potenciálni dediči tak môžu svojich predkov vyhľadať aj v tomto zozname.

How do I determine if it is my ancestor?

Did you manage to find plots registered to your ancestors, or did you find your ancestors on the list of unidentified owners? It is not certain that the registered owner is your ancestor. In villages, there are often several people with the same name. Information about the owner is typically provided on the land registry in terms of name, surname, date of birth, address of permanent residence, and, in the case of deceased persons, the date of death. However, older records often lack some of this information. There may be only the name and surname of the owner, or even just a nickname, which can be an important clue.

If the owner is known but their place of permanent residence or domicile is not known, or if no other personal data is recorded on the land registry besides the name and surname, it is considered an unidentified owner. The land of unidentified owners is managed by the Slovak Land Fund.

From our experience, we can offer you additional tips to determine if it is really your ancestor. Our tips on how to come into an inheritance:

Our tips

• Notice co-owners. Due to the widespread fragmentation of land in Slovakia, it is common for one plot to be in shared ownership by several individuals. Is this your case? Focus on whether you know the names of co-owners. Before legal restrictions were imposed to prevent land fragmentation, it was standard for each child of the deceased to acquire a share in each inherited plot – including the siblings of your ancestor. If the names of some co-owners match the names of your ancestor's siblings, it could be an indication that your ancestor is the owner.

• Notice the acquisition title. The land registry lists the acquisition title for individual owners. A common title for acquiring ownership rights to land is, for example, a certificate/decision on inheritance, and the year of acquisition is usually also listed. If you find that the owner acquired ownership through inheritance in 1950, consider whether it is realistic, from a chronological perspective, that your ancestor inherited at that time. Also, note whether the same acquisition title (the same certificate of inheritance) is the acquisition title for co-owners – presumed siblings of your ancestor. • Seek additional information. Additional information about the title of inheritance .

• Seek additional information. Additional information about the title of inheritance acquisition can be obtained from the District Office, Cadastral Department, responsible for the cadastral area where the property is located. Documents based on which ownership was registered in the land cadastre (whether it is a certificate of inheritance or, for example, a sales or gift contract) can sometimes be found in the local archive. If you don't have the names of ancestors, including their maiden names, and dates of birth and death, you can obtain this information from the registry office or the parish office.

How to submit a proposal for supplementary inheritance proceedings?

If the results of the above-described verification suggest that it is the land of your ancestor, the next step is to submit a proposal for supplementary inheritance proceedings. The procedural regulation of this proceeding is governed by the Civil Non-Litigious Procedure. According to § 159 of the Civil Non-Litigious Procedure: 'The court competent for supplementary inheritance proceedings is the court where the inheritance proceedings were concluded.'

The request for additional inheritance proceedings should mainly include:

• identification of the court to which the proposal is addressed
• the person submitting the proposal
• definition of the legator after whom the inheritance is to be distributed
• specification of the ancestor's property that needs to be inherited (so-called newly discovered property).
• definition of the legator's heirs according to the inheritance order
• the purpose of the request – conducting additional inheritance proceedings
• signature of the applicant
• attachments

Although it is not necessary for the definition of the ancestor's property and the circle of his heirs to be complete in the proposal, as precise and detailed information as you provide to the court can affect the duration of the proceedings. We recommend providing information that you have available right from the start. This also applies to attachments, which should primarily be documents documenting the order of inheritance. Therefore, if you are inheriting land after, for example, a great-grandfather, it is ideal to provide a document that concluded the inheritance proceedings after his death, decisions that concluded inheritance proceedings after all his deceased heirs, up to living heirs.

How does the inheritance proceeding work?

After the initial steps, the court assigns a notary to handle the inheritance proceedings. The notary acts as a judicial commissioner in the proceedings. After checking, the notary determines the extent of the property, its estimated value, and the circle of heirs. In an ideal scenario, the heirs agree on the division of the inheritance, possible payments, and more at this stage. The notary convenes the heirs to negotiate the inheritance. Especially in cases where inheritance is traced back several generations, the circle of heirs can be quite extensive. In our practice, we have participated in negotiations where 45 heirs were summoned. Therefore, we recommend considering appointing a representative for the heirs. The negotiation of inheritance ends with the legal validity of the decision on inheritance.

What are the fees for inheritance?

If you embark on this process, consider the following costs:

• Court fees - the amount of court fees is regulated by the Act on Court Fees, according to which the fee for filing a proposal for the discussion of inheritance for newly discovered property is 1% of the net value of the inheritance to be discussed, at least € 6.50 and a maximum of € 165.50.

• Notary fees – the amount of notary fees is regulated by the Decree of the Ministry of Justice of the Slovak Republic on the fees and reimbursements of notaries. In this case, the basis for the commissioner's fee for acts performed in the proceedings is the general value of the property discussed. The amount of the fee under Article no. 13 of the decree is calculated as follows:

• 2 % of the first € 3,300 of the base,
• Then from the exceeding amount up to 16 500 € of the base, 1 %
• z presahujúcej sumy až do 33 100 eur základu 0,7 %
• 0.4% of the amount exceeding up to € 99,500 of the base
• And from the exceeding amount up to 663 800 € of the base, 0,2 %
• The amount above € 663,800 is not included in the base.

In addition, the notary is entitled to reimbursement of actual expenses, such as postage and the like.

• Other fees e. g., fees for requesting a copy of the death certificate, photocopying archive documents, postage for individual submissions, certification of the signature on a power of attorney for inheritance proceedings, and more.

Our recommendation on how to come into an inheritance:

Given that the whole process is often lengthy and is associated with costs, we recommend evaluating in advance what plots would be subject to inheritance. For example, consider whether the value of the plots is adequate to the time and costs required for the entire process.

You can search for individual plots on the map here: https://www.geoportal.sk/sk/geoportal.htmlWe also recommend checking the possibilities of using the respective plots according to the zoning plan for the area in which they are located. You can also monitor prices for similar land in the offer of real estate agencies. If you are unsure, we recommend consulting with an expert.

What can we do for you?

If you want to consult, check if your family also has undistributed property, or if you are interested in representation in additional inheritance proceedings, we offer you the following services:

• personal, telephone, or online consultation on how to claim your inheritance.
• we will analyze your options and propose a specific procedure
• we will request information from the District Office, registry office, archive, district court
• we will prepare a proposal for additional inheritance proceedings
• we will represent you in additional inheritance proceedings before the court and notary
• we will negotiate with other co-heirs on your behalf and help you with documents for the inheritance agreement
• We will represent you in disputes with co-heirs.

How to come into an inheritance doesn't have to be just a theoretical consideration but also a practical guide.

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