Probate proceedings / inheritance in Hungary
Are you an heir in probate proceedings in Hungary but living—or otherwise habitually residing—abroad?
It is not uncommon for one or even several parties to probate proceedings to reside abroad. In such cases, practical aspects of conducting the proceedings—from service of documents, through representation by power of attorney, to participation in the probate hearing—often give rise to significant uncertainty.
Can the proceedings be concluded without the foreign-resident heir’s personal involvement?
Will a power of attorney executed abroad be accepted?
Can probate proceedings be reopened or repeated?
How much does probate cost? What expenses are involved?
I. Hungarian Probate Proceedings as a Foreign Resident
The Hungarian system is, in essence, a document-based procedure conducted because of written submissions and formal declarations, rather than a classic adversarial court hearing. The notary renders the final probate order (hagyatékátadó végzés) based on the information, statements and evidence available in the file.
Personal attendance is not a condition for the conclusion of Hungarian probate proceedings. An heir may validly act through an authorized representative under a duly executed power of attorney. Moreover, in the absence of any dispute between the interested parties, the notary may determine the matter and issue the final probate order without convening a hearing.
II. Power of Attorney
Our law firm prepares powers of attorney in a format that is fully aligned with Hungarian probate practice and notarial expectations. We draft the document so that it contains all necessary authorizations (including the making of binding procedural declarations), and we structure it to meet the formal standards for acceptance in Hungarian succession proceedings.
You are not required to travel to Hungary in person for the probate proceedings to execute the power of attorney. Our law firm can facilitate execution by way of an electronic signature, and we will guide you through the entire process step by step.
III. Reopening of Probate Proceedings
Yes. A final probate order that has become legally binding may be challenged by way of an application for the reopening of the probate proceedings.
Such an application is admissible where an interested party relies on a fact that was not adjudicated in the original proceedings, provided that—had it been properly examined—it could have resulted in a different determination as to the order of succession, the legal basis of succession, or, consequentially, the proportion in which the estate is distributed.
The possibility of reopening is, however, subject to a strict time limit. The application must be submitted—either recorded in minutes or filed in writing—with the notary who issued the substantive final order, within one year from the date on which that order became final. This time limit is peremptory: no relief for late filing is available. Upon its expiry, any claim must be pursued by way of ordinary civil litigation.
IV. Fees in Probate Proceedings
The fees payable in probate proceedings are determined by Decree No. 22/2018 (23 August) of the Ministry of Justice on the Schedule of Notarial Fees. The notarial fee is calculated by reference to the value of the estate, provided that such value can be determined. Where the value of the estate cannot be ascertained, the fee is calculated on a time-spent basis; in such cases, the chargeable time may not exceed three hours.
Should you have any further questions regarding succession matters in Hungary or in any other jurisdiction, please feel free to contact our office.
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