The Probate Procedure in Hungary
After the death of a relative, the family has to cope not only with an emotionally difficult period but also with numerous legal and administrative tasks. Many people then ask: how do probate proceedings work, how long do they take, who takes part in them, and when is the inheritance handed over?
Below we present the most important stages of the probate procedure step by step.
What Are Probate Proceedings?
The purpose of probate proceedings is to establish who is entitled, by right of succession, to the deceased’s assets, rights and obligations.
During the procedure, the following take place, among others:
- establishing who the heirs are;
- taking any will into account;
- clarifying the composition of the estate;
- and transferring the estate.
In Hungary, probate proceedings are conducted by a notary public.
1. Reporting the Death
The procedure begins after the death occurs.
After the death certificate has been issued, the competent local municipality prepares an estate inventory if the statutory conditions are met, and collects the data required for the procedure.
2. Preparing the Estate Inventory
The estate inventory contains, among other things:
- the deceased’s real properties;
- their vehicles;
- their bank accounts;
- their securities;
- their holding in a business association;
- as well as the known debts.
On the basis of the inventory, the case is referred to the notary public.
3. The Case Goes to the Notary Public
After receiving the estate inventory, the competent notary public examines:
- who the potential heirs are;
- whether a will was made;
- whether further data need to be obtained;
- whether holding a probate hearing is justified.
If all the data are available, the notary public sets the date of the probate hearing.
4. The Probate Hearing
At the probate hearing, the notary public presents:
- the composition of the estate;
- the legal title of succession;
- the heirs’ declarations;
- as well as the content of any will.
At this point the heirs may declare, for example, whether they:
- accept the inheritance;
- disclaim it;
- wish to conclude a settlement;
- dispute the right of any of the heirs.
5. Transfer of the Estate
If the conditions of succession are clear and there is no legal dispute, the notary public issues an order transferring the estate.
In it, the notary specifies:
- who inherits which assets;
- in what proportion they acquire ownership;
- whether a usufruct right or another succession right exists.
Once the order becomes final, the heirs may dispose of their inheritance.
How Long Do Probate Proceedings Take?
There is no single answer to this.
In simple cases, probate proceedings can be concluded within a few months.
If, however:
- a dispute arises between the heirs;
- there are foreign assets;
- the documents are incomplete;
- the will is disputed;
- litigation is commenced;
then the procedure may take considerably longer.
What Documents May Be Required?
Depending on the nature of the case, the following may be required, among others:
- the death certificate;
- the will;
- land registry extracts;
- sale and purchase or gift contracts;
- bank account details;
- company documents;
- property valuations.
The more complete the documentation available, the sooner the procedure can be concluded.
Is It Possible to Reach a Settlement?
Yes.
During the probate proceedings, the heirs may conclude a distribution settlement in which they divide the estate among themselves differently from the statutory order of succession, provided that the statutory conditions for this are met.
In many cases this can be a faster and more flexible solution than a later court dispute.
When Is It Worth Consulting a Lawyer?
Although probate proceedings are conducted by the notary public, in many cases it is advisable to seek a lawyer’s assistance before or during the procedure.
This may be particularly justified if:
- a will was made;
- a dispute has arisen between the heirs;
- one of the heirs lives abroad;
- the estate includes significant real property;
- the succession of a business or business share arises;
- the question of a compulsory share or disinheritance also comes up.
Appropriate legal advice can help avoid later disputes and ensure that the testator’s last will is given effect in accordance with the law.
Frequently Asked Questions
How long do probate proceedings take?
In a simple case they can be concluded within a few months, but in disputed or complex matters they may take considerably longer.
Is attendance at the probate hearing mandatory?
Not in every case. If an heir cannot appear in person, they may act through an authorised representative. In certain cases the notary public may issue the order transferring the estate without holding a hearing, if the statutory conditions are met.
Is it possible to disclaim an inheritance?
Yes. An heir is entitled to disclaim the inheritance. Its legal effects can be significant, so it is advisable to seek legal advice before making such a declaration.
What happens if the heirs do not agree?
If a dispute arises regarding the succession or the division of the estate, the notary public cannot decide certain questions on the merits, and those concerned must settle the dispute in court proceedings.
When can an inherited property be sold?
The heir may fully dispose of the inherited property once the order transferring the estate has become final and the registration in the land registry has been completed.
Summary
The probate procedure consists of several consecutive stages: after the death, the estate inventory is prepared, the case is referred to the notary public, and then – following a probate hearing where necessary – the notary decides on the succession by an order transferring the estate. Although in simple cases the procedure can be concluded relatively quickly, a will, a dispute between the heirs or a larger estate can significantly prolong it. In such situations it is worth engaging a lawyer experienced in succession law in good time.
English 
Magyar