Inheritance · Basics

Escheat – what happens to property with no heirs

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This is exactly the legal mechanism by which properties with no identified owner can eventually end up in the hands of the state — it's called escheat (odúmrť).

What escheat means

If, after someone's death, no heir remains — neither by law nor by will — the entire estate passes to the state. This situation is governed by §462 of the Civil Code (Act No. 40/1964 Zb.).

The state's special legal status

The state doesn't act as a regular heir in probate proceedings. Unlike other heirs, it cannot renounce the inheritance — with one exception: if the state is explicitly named as an heir in a will, it does have the right to renounce.

The state is liable for the deceased's debts just like any other heir — that is, only up to the value of the acquired property. The law does give it one special power, though: if a monetary debt cannot be paid in full or in part directly with money from the estate, the state, unlike a regular heir, can use the actual estate items corresponding in value to the debt to cover it.

Why the fourth group is the last one

The Civil Code establishes four inheritance groups, with each subsequent one applying only when there's no heir in the previous one. If nobody inherits even in the fourth group (the deceased's grandparents and their children), and the deceased left no valid will, the estate passes to the state as escheat.

A reform is coming Slovakia is preparing a completely new Civil Code to replace the current 1964 legislation. The proposal has moved to its second reading in parliament, with a target effective date of 1 July 2027. It's expected to introduce new institutions such as inheritance contracts. Until it's approved, the current framework described in this article applies.

Escheat is precisely the reason why land with no identified owner ultimately heads toward the state if nobody comes forward for it — and preventing exactly that is what this tool aims to help with, by letting you check whether your name is among them.

Check whether this affects you

Check the SPF list under your own name and relatives' names.

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