Can I sell an inherited flat before the probate proceedings are finished?

Three different moments: death, the resolution and registration

People often confuse several events that happen at different times. Each has a different legal meaning.

1. Death of the deceased. Under Section 1479 of the Civil Code (Act No. 89/2012 Coll.), inheritance rights are acquired on the death of the deceased. In this sense, the heir acquires the property at the moment of death, not after the proceedings end.
2. Probate resolution (usnesení o dědictví). Only a final court decision (in practice issued through a court commissioner, i.e. a notary) conclusively confirms who the heir is and in what share. Until then, this may be disputed or unclear.
3. Entry in the Czech Land Registry (katastr nemovitostí). Having the heir entered as owner is the step that lets you sell without complications. A new buyer cannot become the owner before registration in the Land Registry (Land Registry Act No. 256/2013 Coll.).

The distinction matters: being an heir does not mean you can already prove it in a way that the Land Registry and a buyer can work with.

Why selling before the final resolution is risky

Even if the situation seems clear to you, not everything essential is usually certain before the proceedings end.

• Circle of heirs. A will or another heir may appear, or the size of the shares may change. Anyone who sells more than they ultimately receive faces legal trouble with both the buyer and the other heirs.
• Debts of the deceased. An heir is liable for the estate's debts, and the proceedings form part of the settlement of the assets. Selling the property early may complicate matters with creditors.
• Proving your title. Without a final resolution, you have no document proving that the flat is yours. Neither a lawyer nor the Land Registry Office can rely on an unconfirmed right.
• Several heirs. If you inherit together with others, the whole flat is usually sold with everyone's consent. One of them can therefore delay the entire process.

None of this means a sale is impossible. It means it pays to wait until the legal position is settled.

What you can do during the proceedings

Waiting does not mean doing nothing. Much can be prepared so that the sale goes ahead without needless delay once the proceedings end.

• Find out who else is inheriting and agree on a joint approach.
• Get an indicative estimate of the price, for example using the purchase price calculator.
• Learn how a purchase works on the page How property purchase works.
• Check whether the flat is subject to liens or other Land Registry entries that will need to be dealt with.
• Request a non-binding written offer. An offer within 24 hours is non-binding, so it commits you to nothing and you have time to decide.

However, sign the actual purchase agreement for a sale that is to be registered in the Land Registry only once you are certain you are the rightful owner. If you are considering any preliminary agreement, have a lawyer review it.

Step by step from the resolution to payout

1. Wait for the final probate resolution. Ask the court commissioner when it became final.
2. Check the Land Registry entry. You can verify whether the heir is already listed as owner using the online Land Registry viewer (nahlížení do katastru nemovitostí). If not, wait until the entry has been made.
3. Choose a buyer and sign the contract. When working with us, signing the contracts and paying the deposit at signing are usually dealt with within one to three days.
4. Filing the application for registration (návrh na vklad). The buyer's ownership arises only on registration. The Land Registry Office may not decide earlier than 20 days after notifying the owner, and the average registration time is roughly 22 days; for the whole process we allow roughly three to four weeks.
5. Balance from the lawyer's escrow. The rest of the purchase price is paid out within five days of registration. Payment is made by bank transfer; cash payments are limited to CZK 270,000 per day (Act No. 254/2004 Coll.).

For a general overview of selling after an inheritance, see the page Selling an inherited property. Here we deal only with the question of timing.

Registration time and deadlines that are often forgotten

If you are planning the sale around a deadline, such as a debt falling due or a move abroad, bear in mind that registration in the Land Registry is not instant. The buyer becomes owner only on registration, and under Act No. 256/2013 Coll. the Land Registry Office may not decide earlier than 20 days after notifying the owner. That is why the whole process from signing to payout of the balance is counted in weeks rather than days.

Also keep these deadlines in mind:

• Co-owners' pre-emption right. The general pre-emption right of co-owners no longer applies, as it was abolished by an amendment to the Civil Code. However, where a share arose by inheritance, the pre-emption right lasts six months from the creation of the co-ownership (Section 1124 of the Civil Code). If you are selling a share, find this out in advance.
• Real estate acquisition tax. This was abolished by Act No. 386/2020 Coll., so neither the buyer nor the seller pays it.
• Income tax. Whether the proceeds of the sale are exempt generally depends on a time test and on whether the deceased or you lived in the flat. The exact conditions are in Act No. 586/1992 Coll.; verify them with the Financial Administration or a tax adviser.

When the situation is urgent

Sometimes you cannot wait long: there is a debt secured on the flat, enforcement (exekuce) looms, or costs need to be paid. Even then, you may sell only after proving your title. If an auction is threatened, bear in mind that the minimum bid is two thirds of the final price (Section 336e of the Code of Civil Procedure, Act No. 99/1963 Coll., applied accordingly to enforcement), so it may be well below market value. Acting early is therefore usually the better option; see more on the page Quick sale before an auction.

For an example of how a flat inherited by several people, one of whom lives abroad, is handled, see the case study. Our services come with no fees, with lawyer's escrow and full legal support, and with no repairs or clearing out required.