Inheriting Property in Hungary While Living Abroad: The Probate Process

Find out where the inheritance should be handled

In many European cases, the starting point is the deceased's habitual residence: the country where they normally lived and had the centre of their life.

Under the EU Succession Regulation, the authorities of that country generally handle the succession when it is a participating EU country.

The Regulation generally applies to deaths on or after 17 August 2015. Hungary participates; Ireland and Denmark do not. The UK does not participate either. However, a Hungarian authority may still apply the Regulation in a case connected with one of these countries. Relevant international treaties must also be checked.

These are starting points, not automatic answers. The rules contain exceptions, including jurisdiction based on assets in certain cases. See Articles 4 and 10 and the scope provisions of the EU Succession Regulation.

Check which country's inheritance law applies

The general EU rule points to the law of the deceased's habitual residence at death. A person can also choose the law of a country whose nationality they hold, through a valid provision in a will or another permitted document.

Example: A Hungarian citizen normally lived in Germany. German inheritance law may apply even to their Hungarian flat. A valid choice of Hungarian law could change that result. It would not, by itself, automatically transfer the proceedings to Hungary.

An heir cannot make this choice for the deceased after death. The applicable law can also be the law of a non-EU country. Those cases may require further analysis of how that country's conflict-of-law rules operate.

The Regulation generally seeks one law for the succession as a whole. It does not settle every connected issue. Tax, marital property ownership and Hungarian land registration requirements must be considered separately. See Articles 1, 20–23 and 34 of the Regulation.

If Hungary handles probate, identify the clerk and notary

Two Hungarian officials have different roles:

• The municipal clerk (jegyző) generally prepares the estate inventory: the official list of estate assets and relevant information.
• The civil-law notary (közjegyző) handles the probate proceedings and issues the inheritance decision.

The notary acts as an independent authority. You do not normally choose the probate notary freely; legal rules determine who handles the case.

If the death occurred abroad, check whether the relevant Hungarian authority has been informed. A person with a legal interest can notify the clerk and provide the necessary evidence. Tell the authority about any proceedings already opened in another country.

The Hungarian procedure is governed by the Probate Act, Act XXXVIII of 2010.

Prepare the documents and check the property details

The exact requirements depend on the case. Start with this list:

Check the deceased's ownership share. If they owned half a flat, that half goes into the inventory, not the whole flat. Tell the notary about any disputed ownership or marital property claim.

The inventory includes a property value based on a municipal tax and value certificate. Review it promptly if you disagree. Its appeal procedure has deadlines. The probate valuation is not a guarantee of the later selling price.

Before ordering translations or document authentication, ask what form the receiving authority accepts. Requirements differ by document and country. Do not assume that every foreign document needs the same stamp or certification.

Decide whether you need a representative

You may be able to handle the case without travelling to Hungary. Some probate cases finish without a hearing. If a hearing is needed, an authorised representative can often act for you, subject to any requirement for personal participation.

Hungarian proceedings are conducted in Hungarian. If you do not understand a document, arrange a translation or explanation before signing or allowing a deadline to pass.

A power of attorney gives another person authority to act for you. Have its wording and signing requirements checked before you sign it abroad. A document authorising representation in probate may not authorise a later property sale.

Understand the probate decision

The Hungarian decision is called a hagyatékátadó végzés. It identifies who receives the estate, on what basis and in what shares.

Two separate points matter:

• Has the order become final? The Hungarian term is jogerős. Ordinary appeal is no longer available.
• Does it have full or provisional effect? The terms are teljes hatályú and ideiglenes hatályú.

A final order can still have provisional effect. If an inheritance dispute remains, provisional possession or use does not mean unrestricted permission to sell.

Under Hungarian probate rules, an heir receiving an asset provisionally generally cannot sell it or use it as security until the required full-effect stage is reached. Limited statutory exceptions exist. See section 85 of the Probate Act.

How long does Hungarian probate take?

There is no reliable single timetable for every international case. Missing documents, foreign delivery of notices, unclear family relationships and disputes can extend the process.

The often-mentioned 45-day period applies to a particular route without a hearing. It starts after the notary receives a complete and proper inventory, provided all necessary information and statements are available and no further steps are required. It does not mean the entire inheritance must finish within 45 days of death. This rule appears in section 43/C of the Probate Act.

What is a European Certificate of Succession?

A European Certificate of Succession, often called an ECS, helps heirs and certain other people prove their inheritance rights in another participating EU country.

It can show who the heirs are, their shares and specified powers to deal with estate assets. It is optional and does not replace all national inheritance documents.

For Hungarian property, it can support a land registry application. However, Hungarian registration requirements still apply. Check that the document contains the information needed for the particular property and right.

A certified copy normally has a six-month validity period, although exceptions and extensions are possible. Check the date on the copy you intend to use. An expired copy does not mean your inheritance rights have expired, but you may need an extension or a new copy.

If the certificate is wrong, the issuing authority can correct, amend or withdraw it. Challenges and suspension of its effects are also possible. These rules appear in Articles 62–73 of the EU Succession Regulation.

A Budapest case: why a newer certificate may not be enough

In Metropolitan Court of Budapest case 7.K.700.891/2024/10, the deceased owned half of a Budapest property. Their sibling owned the other half.

A 2018 European Certificate of Succession named the sibling as heir. The sibling was then registered as owner of the deceased's half. A later certificate named the deceased's two children instead. They sought registration of one quarter each of the whole property.

The Hungarian registry changed the ownership entry. The court annulled that decision and ordered a new procedure. The authority had not adequately clarified the relationship between the two certificates or explained its decision. It needed further documents from the issuing authority to establish the certificates' status.

The practical lesson: if an earlier certificate has already been used, provide the evidence showing how it was amended or withdrawn. A later issue date alone may not resolve the conflict.

The court reviewed the registry decision. It did not finally decide who inherited the property. The judgment applied the registration rules governing that earlier case; a new application must follow the rules applicable to it.

What if an heir or an asset was left out?

Tell the notary or issuing authority promptly. The correct procedure depends on the problem:

Deadlines differ. A request to repeat Hungarian probate generally has a one-year deadline from the relevant order becoming final, not from discovering the new fact. A probate lawsuit following a provisional order generally has a 30-day deadline from finality; filing must also be proved to the notary by the eighth day after that deadline expires.

These are deadlines for specific remedies, not a universal deadline for every inheritance claim. Follow the instructions in the decision and obtain advice promptly. See sections 103–105 and 114 of the Probate Act.

What should you check before selling?

Before committing to a buyer, have the inheritance decision and an up-to-date Hungarian title sheet (tulajdoni lap) reviewed. The title sheet records ownership and registered rights affecting the property.

Confirm the owners and shares, any spouse's usufruct, mortgages or other restrictions, and the registration steps still needed. Agree how every owner will take part in the sale. If someone signs abroad or through a representative, arrange this in advance.

Probate costs, translations, legal representation, inheritance duties and any tax on a later sale are separate questions. A tax exemption does not necessarily mean there are no procedural costs. Ask which costs and reporting obligations apply in Hungary and your country of residence.

For pricing, viewings and signing arrangements, read our guide to selling property in Hungary from abroad.

Summary

If you inherit property in Hungary while living abroad, the most important question is where the probate procedure takes place and which law applies to the inheritance. In many cross-border cases, the deceased person’s last habitual residence is more important than the location of the property.

Before selling the inherited property, make sure that the probate documents are final, the Hungarian title deed is updated, and all co-owners agree on the next steps. If a European Certificate of Succession or a foreign probate document is involved, it should be checked carefully before any sale is started.

A clear probate process makes the later sale much easier. Once the inheritance position is confirmed, you can focus on the practical questions: the value of the property, taxes, documents, and finding the right buyer in Hungary.

Need help with an inherited property in Hungary? Tell us where it is, where the deceased lived and whether a probate decision or European Certificate of Succession has been issued. Contact us in English to discuss the property and your plans.