Civil Procedure Code (Ukázka, strana 99)

Chapter five: Special provisions

Section 175e

pursuant to Section 175h, the participant in the proceedings shall only include the one who has taken care of the funeral.

Section 175c (1) The court shall ascertain whether the following is registered in the register of wills kept under a special legal regulation67b) a) will of the testator, document of inheritance or a document of withdrawal of these acts (hereinafter referred to as “will”) and with which notary or court the will is deposited, b) a personal representative appointment document, personal representative appointment withdrawal document, or a document of withdrawing the consent to being appointed to the personal representative function (hereinafter referred to as “inheritance management document”) and with which notary the inheritance management document is deposited.

(2) The court shall ascertain whether contracts on increasing or narrowing the specified extent of the tenancy by the entirety and contracts for the reservation of formation of the tenancy by the entirety as of the dissolution of marriage concluded by the spouses or a man and woman who wish to contract marriage67d), the party of which has also included the testator are registered in the file of marriage contracts kept under a special legal regulation67c) and with which notary such contracts are deposited.

Section 175d (1) In the preliminary enquiry, the court shall especially obtain information necessary to identify the heirs and testator’s property and debts thereof, and whether heirs to whom the testator was a statutory representative need to appoint an administrator.

(2) If the testator left a will or an inheritance management document, the court shall learn the facts and contents thereof; upon request by the court, the same shall be done by a notary with whom the will or inheritance management document is deposited.

(3) If the will’s facts and contents are learnt, the original thereof shall be filed in the collection of declared wills kept by the court if the will is not drawn up as a notarial record.

(4) If the court ascertains that the testator left an inheritance management document by which it had appointed a personal representative, it shall notify the appointed personal representative of the testator’s death and call him to act. The court shall not have this obligation if the personal representative has informed the court that he has already taken steps in that matter.

(5) If it is revealed in the preliminary enquiry that the testator was an owner of an account with a bank, the court shall notify that bank of the testator’s date of death.

Section 175e (1) If required by the general interest or an important interest of the participants, the court shall take, even without a petition, urgent measures, in particular, the court shall 67b) 67c) 67d)

Section 35a of Act No. 358/1992 Coll., on notaries and their activity (notarial rules) as amended.

Section 35c of Act No. 358/1992 Coll.

Section 143a of the Civil Code.

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Section 175f

Part three: Proceedings in the first instance

secure the inheritance, provide items of personal consumption to the testator’s spouse or any other member of the household, provide for the sale of items that cannot be kept without facing a risk of loss or excessive costs and appoint a personal representative or an administrator of some part of the inheritance.

(2) Inheritance shall be secured especially by the deposition thereof with a probate officer or a court or, if deposition cannot be provided in this manner, with a depositary, the sealing thereof in the testator’s flat or in any other suitable place, prohibiting payment for the benefit of the testator’s debtor or making a list on site.

(3) For the sale of movable assets, the court shall proceed adequately in accordance with the provision of enforcing a decision by selling movable assets, unless the court has opted for any other selling method.

(4) Urgent measures may be taken and a personal representative appointed by any court if a risk of delay is being faced.

Section 175f (1) If required by the general interest or an important interest of the participants, the court shall be authorised in the inheritance proceedings to appoint a personal representative by resolution even without a petition a) if the testator did not leave any inheritance management document appointing a personal representative entitled to manage all the property falling within the inheritance; if the testator left an inheritance management document appointing a personal representative authorised to manage only a part of the property falling within the inheritance, the court shall be authorised to appoint a personal representative to manage property for the management of which the testator did not appoint a personal representative, b) if the personal representative appointed by the testator or court has died or the current personal representative has been deprived of legal capacity or limited in the legal capacity or been suspended from that function.

(2) The personal representative shall be appointed by the court primarily from the range of heirs or persons close to the testator; a notary not being a probate officer in these proceedings may also be appointed as a personal representative. If the subject of inheritance includes a company or a real estate, the court shall appoint a person experienced in company management or real estate management to be the personal representative. Only the person consenting to be a personal representative may be appointed as personal representative. If inheritance is to become owned by the State under a special legal regulation,67e) the court shall also be authorised to appoint the State to be a personal representative.

(3) A personal representative appointed by the court shall be obliged to start discharging his function on the day following the resolution delivery day, unless a later day is given in that resolution.

(4) If the personal representative is evidently not the one competent to duly discharge his function, the court shall suspend such person from that function even without 67e)

Section 462 of the Civil Code.

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Chapter five: Special provisions

Section 175i

a petition. This shall also apply in cases when the personal representative despite being called by the court pursuant to Section 175d Subsection 4 is inactive.

(5) For serious reasons, in particular, if the personal representative does not discharge his function duly, the court shall also be authorised to suspend the personal representative from his function even without a petition The same shall apply if the personal representative has asked the court to be suspended from the function of a personal representative.

(6) The extent of the testator’s property subject to management must be specified in the resolution pursuant to Subsection 1, 4 or 5.

(7) The personal representative who has been suspended from his function shall be obliged to notify the new personal representative duly and without undue delay and hand him all the documentation regarding the property subject to management. If a new personal representative has not been appointed, this obligation shall be towards the heirs.

(8) If the personal representative fails to carry out the obligation to notify the court of his activity or if the personal representative fails to duly discharge his function, despite being notified thereof by the court, the court shall be authorised to order the personal representative a disciplinary fine (Section 53).

Section 175g Upon request of the court, an appropriate state, or local government authority shall assist in obtaining the complete documentation as a basis for making a decision, preliminary enquiry, inheritance securing, especially in the protection thereof against unauthorised intervention, sale of items, determining the value of the testator’s property and making a list of items on site.

Section 175h (1) If the testator did not leave any property, the court shall stop the proceedings.

(2) If the testator left a negligible-value property, the court shall be authorised to provide such to the person that has taken care of the funeral and stop the proceedings.

(3) It shall not be possible to appeal against the resolution pursuant to Subsection 1 and 2, and the resolution need not be delivered.

Section 175i (1) If proceedings have not been stopped pursuant to Section 175h, the court shall notify those that may reasonably be believed to be the heirs of their right of succession and the option to reject the inheritance within one month from the day the heir was notified by the court of the inheritance rejection option; the court shall be authorised to extend such term for serious reasons. At the same time, the heir shall be notified of the inheritance rejection terms and consequences.

(2) The notification including the information shall be delivered by the court personally or shall be given orally, and the court shall include that fact in the transcript.

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