Dr. Asbóth-Hermányi Lőrinc Bence

Hungarian civil law follows the principle of ipso iure succession: according to this principle the assets of the deceased devolve upon the heirs by virtue of the law at the moment of the death of the decedent.

Even so, under the Hungarian law after the death of the decedent succession proceeding is needed (with a very few exceptions), in order to settle the inheritance relationships. During this proceeding it is unequivocally ascertained: which persons, to what extent and in what quality (eg. legal heirs, testamentary heirs, legatees etc.) gain the exact asset and/or debts of the decedent.

Hungary succession proceedings consist of two phases.

First phase of proceedings is the inventory of the estate of the deceased person (inheritance). This task is carried out by the officer of the competent local administrative authority. This proceeding is opened at the time when this authority is officially informed about the death of the decedent. The estate inventory to be made includes the decedent's personal data and all other data, information, that is necessary to conduct the succession proceedings (particularly estate assets, their value and estate debts). This inventory procedure takes place according to the rules of administrative proceedings and its purpose is to prepare for the second - notarial - phase of succession proceedings.

Second phase of succession proceedings is conducted before a civil law notary. This phase of the proceedings starts with the fact that the local administrative authority sends ex officio the prepared estate inventory to the competent civil law notary. The inventory must be sent electronic. In Hungary the civil law notary, in case conducting succession proceedings, basically exercising judicial function and acts in the possession of the public power of the state (imperium). That's why a proceeding can only take place if Hungarian authorities have their jurisdiction in the particular case. Civil law notary shall examine ex officio whether he/she has jurisdiction for the given succession case or not. In case he/she establishes that the case does not fall under Hungarian jurisdiction, and foreign succession court (authority) has jurisdiction, ex officio terminates the proceeding.

Civil law notary in the succession proceeding holds an oral hearing so called probate hearing. After setting the date and time of hearing, he/she issues summons for the hearing. Summons shall be sent ex officio to every interested person (legal heirs, testamentary heirs, surviving spouse, persons entitled to forced share, legatees, creditors of the estate etc.)

The followings are applicable to the service of summons to the addressee:

• if the summons shall be delivered to a person residing in Hungary, civil law notary arranges the service by mail.
• if the person summoned resides in a Member State, the European Regulation on Service of Documents (1393/2007/EC Regulation) is accordingly applicable.
• if the person summoned resides in other foreign country, the provisions of international agreements on cross-border service are applicable for the method of service (particularly the Hague Convention of 1965 and bilateral agreements)

In the summons the date, time and place of the hearing shall be appropriately indicated. If an interested person fails to appear at the hearing in spite being duly summoned, this does not hinder the civil law notary to hold the hearing.

As a result of the succession proceeding the civil law notary makes a decision, with which he/she transmits the inheritance to the interested persons (heirs, legatees). The „transmission of inheritance" naturally does not mean the handing over of the assets in a physical sense. This basically means, that the decision (grant of probate) of the civil law notary establishes, and verifies to outsiders in an authentic way the inheritance rights of the persons indicated in the decision.

It comes from the ipso iure principle that the heirs and legatees - from the law - become the owner of the assets devolving to them at the moment of death of decedent; their ownership does not derive from the decision of the civil law notary. Nevertheless, they can factually exercise their rights relating to the inheritance after the succession proceedings, in the possession of the decision on transmission the inheritance made by the civil law notary. Accordingly, eg. the ownership rights of heirs can only be registered into the land register upon the decision on transmission of inheritance made by the civil law notary, or the financial institution (bank) can only give out to the heirs the balance of the account relating to the inheritance upon such a decision.

It is important to mention, that it is also necessary to conduct a succession proceeding and make a civil law notary decision on transmission of inheritance even in cases when there is no dispute amongst the interested persons (heirs, legatees, creditors), and there is a consensus between them in every question (method of distribution of assets, satisfaction of the creditors). In these cases the civil law notary, accordingly, takes into consideration the agreement amongst the parties and he/she makes decision on transmission of inheritance taking into account and on the basis of the agreement.

Annoncements relating to probate procedures are also on the internet. For example if the heir is absconded or cannot be found.