When we lose a loved one, in addition to grief, uncertainty often arises about what will happen to the property left behind. Who inherits the apartment? What happens to the money in the bank account? Do we have to pay anything? The probate procedure may seem complicated at first, but if you understand it step by step, you can get through this period more easily.
This guide explains everything: when the procedure begins, how long it takes, how much it costs, and exactly what you need to do as an heir. We have compiled the most important information so that you are not caught by surprise. Whether it is inheritance without a will or an estate consisting of multiple properties, by the end of the article you will have all the essential information.
What is the probate procedure?
Important: The probate procedure does not start automatically. Following the reporting of the death, the registrar notifies the notary, who initiates the process.
Steps of the probate procedure in chronological order
The procedure consists of 5 main stages. Here is what it looks like in practice.
Reporting the death
After the report, the registrar:
- registers the death
- notifies the notary
- prepares the death certificate
- informs the institutions required for preparing the estate inventory
What you can expect: the report is usually completed within 1–2 business days. You can request the death certificate in person or by mail.
Taking the estate inventory
The notary then prepares an estate inventory of the deceased person's assets. To do this, the notary contacts banks, the land registry, the vehicle registry, and other authorities.
The inventory includes:
- real estate (apartment, house, land)
- bank accounts, investments
- vehicles (car, motorcycle)
- valuable personal property (jewelry, works of art)
- debts (loans, borrowings)
- business shares
Heirs may make declarations about the assets – it is important to provide accurate information about everything. Preparing the inventory usually takes 2–4 weeks, and in more complex cases up to 2 months.
Locating the heirs
Probate hearing
This is the key point of the process. At the hearing, the notary:
- presents the inventory
- hears the heirs' declarations
- reads out the will (if there is one)
- issues the order transferring the estate
Order transferring the estate
The notary records the fact and proportions of the inheritance in an order. After this document becomes final, it provides ownership rights to the heirs.
Fees and costs of the probate procedure in 2026
Notary base fee (estimated values)
| Value of the inheritance | Notary fee (estimated) |
|---|---|
| Under 1,000,000 HUF | 30,000 – 50,000 HUF |
| 1,000,000 – 5,000,000 HUF | 50,000 – 100,000 HUF |
| 5,000,000 – 20,000,000 HUF | 100,000 – 250,000 HUF |
| Above 20,000,000 HUF | the fee increases proportionally as a percentage |
Other costs
You also need to pay and account for the following items:
- real estate registration procedure for transferring properties – approx. 10,000 – 20,000 HUF
- inheritance tax in the case of inheriting certain assets (see below)
- deposit fees for values held in notarial custody
Duration of probate proceedings – how long does it take?
Many worry about how long the probate process takes. The duration largely depends on the complexity of the case.
General experience:
- simple cases (no dispute, no will): 2–4 months
- cases handled with a will: 3–6 months
- contested inheritance, litigation: can last from 6 months to 1–2 years
The most common delaying factors:
- heirs are difficult to reach
- asset assessment is complex (multiple properties, business interests)
- disputes among heirs
- foreign assets
Inheritance without a will – the order of statutory succession
If the deceased left no will, inheritance proceeds according to the rules of the Civil Code (Ptk.). This is called statutory succession.
The order of statutory succession:
- Spouse and children – the spouse receives spousal right, children inherit in equal shares
- Parents – if there are no children, the parents inherit
- Grandparents and more distant relatives – if there are no parents, grandparents, siblings, and their children
- State – if no heir can be found, the estate goes to the state
Important: the spouse is always entitled to spousal usufructuary right over the jointly occupied property.
Renouncing an inheritance – how and when is it possible?
How it works:
- you must declare it at the probate hearing
- or in writing at the notary
- deadline for renunciation: until the order transferring the estate becomes final
When is it worth renouncing?
- if debts exceed the value of the assets
- if you do not want to take responsibility for unknown debts
- in the case of a foreign legal entity with legal personality
Important: renunciation is final – you cannot withdraw it later.
Law on probate proceedings
The rules of the probate procedure are contained in the Civil Code (Act V of 2013) and Act XLI of 1991 on notaries.
Main legal provisions:
- Civil Code, Book 7 – the complete regulation of inheritance law
- Act XLI of 1991 – the detailed rules of notarial procedure
- Act XXXVIII of 2008 – on notarial fees
Frequently Asked Questions (FAQ)
What happens if the heir does not appear at the hearing?
The notary will conduct the hearing even then. The heir may be summoned again, but if they fail to appear multiple times, the notary will decide based on the available data. In such cases, the heir may renounce the inheritance, or the notary may order a supplementary probate procedure.
Do you have to pay tax on an inheritance?
Direct-line relatives (children, spouse, parents) are exempt from inheritance tax. More distant relatives must pay inheritance tax, which ranges from 11% to 21%. Those who inherit a residential property in the estate and actually live there are exempt from inheritance tax.
What if the deceased has more debts than assets?
In such cases, it is advisable to refuse the inheritance. If you accept it, you are also liable for the debts with your own assets, unless you request the limitation of liability for estate debts in the probate procedure. The deadline for refusal lasts until the order transferring the estate becomes final.
When should the probate process be initiated?
What happens to loans in the case of inheritance?
Loans and credits are part of the inheritance. Heirs also inherit the debt obligations. If the debt exceeds the inheritance, the aforementioned refusal is the solution. Important: if there are multiple heirs, they are jointly and severally liable for the debts – the creditor may demand the full amount from any of them.
What should you do if the deceased had a will?
Can foreign real estate also be part of the estate?
Yes, foreign properties are also part of the estate. In such cases, however, international inheritance rules also come into effect. Within the EU, the so-called Certificate of Succession can simplify the procedure. It is advisable to seek an expert lawyer in such cases.
Can you appeal against the order transferring the estate?
Common pitfalls and practical advice
- Do not delay the notification. The 30-day deadline passes quickly, and the notary may impose a procedural fine for the delay.
- Find out about the debts. Do not accept the inheritance until you are aware of all the deceased's debts.
- Keep the documents safe. Store all official documents – notarial notice, inventory, order – in a safe place.
Summary
Would you like to learn more about inheritance? Check out our article titled Writing a Will 2026 – Complete Guide .