Can the value of your estate drop just because the inheritance proceedings take a year or even longer? Will your business be crippled by that time? How will it affect your family if accounts are going to be blocked until the inheritance proceedings are concluded? There is a way to prevent this from happening – you can appoint an administrator of your estate.

The institution of the administrator of an estate is a common practice abroad and has been possible under our legislation for many years. This solution can be a great help to heirs in shortening and simplifying inheritance proceedings. It is useful for everyone, so you should not dismiss this option as superfluous.

You should not be discouraged by the fact that the administrator of an estate is appointed upon drafting a notarial deed. This is a simple act which can be arranged in just one short visit to a notary. Typically, spouses can mutually appoint an administrator in the event of the first spouse’s death. This way, they can avoid a situation where the other spouse has to sit and wait for the inheritance proceedings to be concluded, facing blocked accounts and other complications. By appointing an administrator, disputes between the heirs can be minimized.

The decedent’s property still exists and must be administered until the final conclusion of the inheritance proceedings. Often there is a need to keep the family business running. The appointed administrator of the estate – whether a second spouse, an adult descendant, or a trusted person such as a family lawyer – can perform a number of actions to maintain the substance and value of the property. These actions include things such as paying rent, making repairs, purchasing supplies, paying employee wages, and others.

Standard or customary administration involves managing the property and preventing its deterioration, for example by protecting it from the effects of inflation. According to the law, the heirs administer the estate jointly and severally, which in reality is more of a legal theory and an unattainable ideal, and it is often the case that the heirs cannot agree on just about everything. By appointing a single administrator of the estate, these problems can be avoided. The administrator manages the property in such a way that it is maintained, or even multiplied, and protected.

The administrator of the estate may be appointed for all or part of the estate and may be remunerated. The administrator takes over the administration as soon as the administrator becomes aware of the decedent’s death. The administrator may receive the information themselves or be informed by the court. The statutory provisions are laid down in Section 1677 et seq. of the Civil Code.

Notaries in charge of inheritance are already well acquainted with the function of an administrator, they have no problem communicating with administrators and allowing them to perform their function, or even agreeing to acts that go beyond the standard administration. In turn, the administrator also keeps abreast of the notary’s activities and the proceedings are thus more efficient, with no excessive delays.

In the will, the decedent can also appoint an executor who will take care of the overall execution of the decedent’s will, such as the payment of a sum of money to a grandchild upon graduation.

If you are unsure whether appointing an administrator or executor would be advantageous to you, please do not hesitate to contact us for further advice.

Mgr. Jana Mlejnková, lawyer

JUDr. Vladimíra Pajerová, attorney-at-law

Pajerová Sedláčková ADVOKÁTKY s.r.o.

08 January 2025