Probate proceedings in Hungary follow a clearly structured process aimed at clarifying inheritance claims and settling the estate of the deceased. The individual steps of the procedure are explained below:

1. opening of the probate proceedings

Probate proceedings in Hungary are opened by a notary (közjegyző). The notary is usually notified of the death by the registry office that recorded the death. This notification triggers the formal probate procedure, which is mandatory as soon as a death has occurred in Hungary.

2. appointment of the competent notary

The competent notary is determined by law according to the last place of residence and the month of death and is responsible for the entire probate procedure. He checks whether there is a will and which legal heirs exist. In many cases, the estate administrator acts ex officio without the heirs having to take action themselves.

3. determination of the heirs

The notary establishes who the deceased's heirs are. To do this, he checks whether there is a will or testamentary disposition. If there is no will, succession is governed by the statutory provisions of Hungarian inheritance law. The legal heirs are usually the spouse and descendants, followed by other relatives such as parents, siblings or more distant family members.

4. determination of the assets of the estate

The notary determines the estate assets, i.e. the assets and debts of the deceased. These may include real estate, bank accounts, valuables, vehicles or debts. The heirs must inform the notary of all known assets and liabilities. In some cases, the notary may also carry out his own investigations to determine the full extent of the estate.

5. notification of heirs and creditors

As soon as the heirs have been identified, they are officially notified. The notary invites the heirs to a probate hearing at which the estate is discussed. Creditors of the deceased can also assert their claims. It is important that the heirs submit all the necessary documents in good time to substantiate their claims.

6. submission of declarations by the heirs

The heirs must submit declarations to the notary as to whether they wish to accept or reject the inheritance. Hungarian law allows the heirs to accept or reject the inheritance within a certain period of time. If the inheritance is disclaimed, the inheritance claims pass to the next of kin in the order of succession.

7. preparation of the inventory of the estate

The notary draws up an inventory of the estate, detailing all the assets and debts of the estate. This list serves as the basis for the distribution of the estate among the heirs and the settlement of the deceased's debts.

8. estate resolution

At the end of the proceedings, the notary issues an estate resolution (hagyatéki végzés). This decision determines who the heirs are and what share of the estate they will receive. The inheritance decision is an official document that can also be used to transfer real estate in the land register or to close bank accounts.

9. enforcement of the probate order

Once the estate resolution has been drawn up, the heirs can officially take over the estate. The resolution serves as the legal basis for the transfer of assets and the fulfillment of the heirs' rights and obligations. For example, heirs can use the resolution to have bank accounts activated, transfer real estate to their name or divide inheritance shares among themselves.

10. conclusion of the procedure

The probate proceedings are officially concluded as soon as the probate decision is legally binding and all assets have been transferred. The heirs are then entitled to use or dispose of the estate.

The probate procedure in Hungary is an orderly process that ensures that the succession is handled correctly and the rights of the heirs are safeguarded. In international inheritance cases, it may make sense to seek legal assistance to ensure that all formalities are completed correctly.

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