How to Write a Will in the Czech Republic in 2026: Valid Forms, Witnesses and the Notary

Introduction

Thinking about your own death is not easy. But if you are looking into how to write a will in the Czech Republic, you are doing your family a real kindness: you decide, not the statutory order of succession, and your relatives are left no room to argue about what you wanted.

You can make a will in three ways: write and sign it entirely in your own hand (§ 1533 of Act No. 89/2012 Coll.); print it out and sign it before two witnesses present at the same time, declaring it your last will (§ 1534); or pay a notary 2,000 Kč for a notarial deed. Every form needs your handwritten signature and an unmistakable identification of the heir; witnesses may not be heirs, legatees or anyone close to them (§ 1540).

We cover who may make a will, what the document must contain, the three forms Czech law recognises, who cannot be a witness, what a notary charges, where to keep it and how to change it. A checklist of mistakes closes the guide; foreign nationals and assets abroad come first.

One thing straight away: a will is not the place for funeral wishes. It is not opened until the inheritance proceedings, weeks after the funeral — ceremony wishes belong elsewhere, as we explain in how to plan a funeral in advance.

The information is current as at September 2026. We work from the Civil Code in force from 1 January 2026, the Notarial Code from 1 April 2025 and the notarial tariff from 14 March 2025. Section numbers without a statute are Civil Code provisions (občanský zákoník, Act No. 89/2012 Coll.); NC is the Notarial Code (notářský řád, Act No. 358/1992 Coll.).

Who Can Make a Will and What It Must Contain

Any person with full legal capacity may make a will. From fifteen, without parental consent — but only as a public instrument (veřejná listina) before a notary (§ 1526 of Act No. 89/2012 Coll.). It needs your handwritten signature and must name the heir; date it. You make it in person, for yourself alone, in any language.

Legal capacity and age

Full legal capacity comes with majority, at eighteen (§ 30 of Act No. 89/2012 Coll.). Without it you cannot make a disposition in contemplation of death; the only exceptions are §§ 1526 to 1528 (§ 1525).

There are three. Anyone aged fifteen or over who has not yet acquired full legal capacity may make a disposition without their legal representative's consent, as a public instrument (§ 1526). Anyone restricted in legal capacity may, within those limits, make a disposition only by public instrument (§ 1528 para. 1). And anyone restricted for a pathological dependence on alcohol, psychotropic substances or gambling may use any prescribed form, but only for one half of the estate at most (§ 1528 para. 2).

An act by a person in a mental disorder that renders them incapable of acting in law is likewise invalid, even if no court has restricted their capacity (§ 581) — so whoever draws up a public instrument recording a will must check that it is expressed with deliberation, seriously and free from duress (§ 1538).

What must appear on the document — signature, date, identification of the heir, language

The law defines a will as "a revocable expression of will by which the testator, for the event of their death, personally leaves to one or more persons at least a share of the estate, or possibly also a legacy" (§ 1494 para. 1). A signature in your own hand is always required: in a handwritten will the whole text and the signature are yours (§ 1533); a computer-written text needs only your signature, but witnesses are then added (§ 1534).

A missing date does not in itself invalidate a will. Under the second sentence of § 1494 para. 1 it is invalid on that ground only if the day, month and year are not apparent and, at the same time, the testator made several conflicting wills, or the legal effects otherwise depend on when it was made. The claim that "a will without a date is invalid" comes from the Civil Code of 1964. Still, always date it — the only way to tell which document is the later one.

Identify your heirs beyond confusion. The testator must "express their will with such certainty that it is not enough merely to assent to a proposal put to them" (§ 1497). Hence no fill-in template here: a downloaded template is precisely such a proposal, and it cannot see your family. If you own real property, have children from more than one relationship, run a business or hold assets abroad, a notary at 2,000 Kč is the cheapest insurance there is.

In the care of a medical or social care institution, you cannot validly appoint as heir or legatee anyone who manages it or works in it — unless the will is a public instrument (§ 1493 para. 1). The law prescribes no language, but the witnesses must understand the one you use (§ 1539 para. 2); a notarial deed is in Czech (§ 58 of Act No. 358/1992 Coll.).

What must not be missing from the document:

1. The heir and what you leave them (§ 1494 para. 1).
2. Your signature in your own hand (§§ 1533, 1534).
3. The signatures of two witnesses — only if you did not write the will yourself (§ 1534); they usually add the details by which they can be identified (§ 1539 para. 1).

Not required by law, but it belongs there: the date and place it was made (mandatory in a notarial deed, § 63 para. 1 of Act No. 358/1992 Coll.), your given name, surname, date of birth and address, and a statement that this is your last will.

Source: e-Sbírka — Act No. 89/2012 Coll., the Civil Code, as in force from 1 January 2026.

What else you can settle in a will

You may appoint a substitute heir (náhradník) should the heir not acquire the inheritance (§ 1507), or create a legacy (odkaz) — directing your heir to hand its object to a named person (§ 1594 para. 1); a legatee (odkazovník) is not an heir (§ 1477 para. 2). A codicil (dovětek) may impose a legacy, set a condition or give a direction, but appoints no heirs (§ 1498). An executor of the will (vykonavatel závěti) needs only a simple handwritten will (§ 1553 para. 1); an administrator of the estate (správce pozůstalosti) requires a public instrument (§ 1556 para. 1).

A husband and wife cannot make a joint will (§ 1496). The alternative is an inheritance contract (dědická smlouva, § 1582 para. 1): a notarial deed (para. 2), leaving one quarter of the estate free (§ 1585 para. 1), and not revocable unilaterally — the contractual heir must consent, by public instrument (§ 1590).

With community property of spouses (společné jmění manželů — SJM) you dispose only of your own share: it is settled first, the estate only then (§ 764 para. 1 of Act No. 89/2012 Coll. and § 162 of Act No. 292/2013 Coll.). Who inherits without a will is explained in our guide to inheritance proceedings. A widow's pension is not part of the estate — it is a pension insurance benefit. Cremation wishes do not belong in a will either; see our guide to cremation.

Which law applies — foreign nationals and assets abroad

If you live in the Czech Republic as a foreign national, or hold assets abroad, Regulation (EU) No 650/2012 governs. It applies even where the law it designates is that of a State outside the European Union (Article 20 — universal application). So it covers you even if you are not an EU citizen.

Without a choice of law, the succession as a whole is governed by the law of the deceased's habitual residence at the time of death (Article 21(1)). That is a question of fact: the duration and regularity of the stay, its reasons and the person's life circumstances. It is not permanent residence under immigration rules, and for someone working abroad long-term it may come out differently than it looks. Hence we cannot tell you which law will apply in your case.

In your will you may expressly choose the law of the State whose nationality you hold (Article 22(1)); the choice must be made in a disposition in contemplation of death (Article 22(2)), and it changes the rules on the compulsory share too. Only a State of your own nationality may be chosen — the compulsory share cannot be avoided by picking any foreign system you please.

The rules on form are accommodating: any one of the criteria in Article 27(1) suffices, so a will made in the Czech Republic under Czech rules is formally in order even for a national of another State.

One distinction is easily missed: choosing the applicable law is not choosing the State that will deal with the estate. The Regulation permits a choice-of-court agreement only where the chosen law is a Member State's (Article 5). Assets abroad are as a rule inherited under that same single law; your standing as an heir in another Member State is proved by a European Certificate of Succession (evropské dědické osvědčení). Denmark and Ireland do not apply the Regulation; the United Kingdom is a third State.

Source: EUR-Lex — Regulation (EU) No 650/2012. Discuss your situation with a notary.

How to Write a Will in the Czech Republic — the Three Valid Forms

Czech law recognises three ordinary forms. A handwritten will you write and sign entirely by hand, no witnesses (§ 1533 of Act No. 89/2012 Coll.). An allographic will may be typed, but you sign it and declare before two witnesses present at the same time that it holds your last will (§ 1534). Third: a notarial deed.

Section numbers without a statute number are provisions of Act No. 89/2012 Coll.; NC = the Notarial Code, Act No. 358/1992 Coll.

The handwritten will (vlastnoruční závěť)

You write the whole text and the signature in your own hand (§ 1533); signing a computer print-out is not enough. You need neither witnesses nor a notary. The form is not free of charge if you want the document found for certain: it reaches the Register only in notarial custody (§ 35b para. 2 NC), for 1,100 Kč plus 100 Kč.

The will made with witnesses (allographic — alografní závěť)

A will you did not write yourself you must sign in your own hand and expressly declare, before two witnesses present at the same time, that it contains your last will (§ 1534). "At the same time" is decisive: two witnesses who turned up on different occasions do not satisfy it. They sign the document and add the details by which they can be identified (§ 1539 para. 1); they need not know its contents.

The will made before a notary (notarial deed — notářský zápis)

A notarial deed is a public instrument (§ 6 para. 1 NC): the original stays with the notary and reaches the Register by itself. Take a valid official identity document — otherwise two identity witnesses must confirm your identity (§ 64 para. 1 NC). Without Czech you need an interpreter; the interpreter may not be a person close to the parties, nor anyone with an interest in the matter (§ 69 para. 1 NC) — so not the daughter who is to inherit. If the notary or a member of their staff speaks your language, no interpreter is required (§ 69 para. 2 NC).

Who cannot be a witness

There are two different sets of excluded persons; do not confuse them.

In a private document, a person without legal capacity cannot be a witness, nor anyone unfamiliar with the language or method of communication used (§ 1539 para. 2). Nor may an heir or legatee, a person close to them or their employee witness what is being left to them (§ 1540 para. 1 with § 22); the same goes for the executor of the will, the writer, the reader, the interpreter and a public official (§ 1541). The law excludes not your relatives but persons connected to the heir — which usually rules out close relatives anyway, so choose witnesses outside the family.

If an excluded person did witness the will, the whole will is not invalid — only the provision in their favour is at risk, cured if the testator writes it out in their own hand or three witnesses confirm it (§ 1540 para. 2). Where a sole heir was appointed and that very person witnessed, there is nothing to sever (§ 576).

In a notarial deed the exclusion runs the other way: those who cannot witness the act include persons close to the party, that is to you (§ 66 NC) — though a will rarely needs witnesses to the act. If you fear they might disclose the contents: writer, witness, reader, interpreter, custodian and public official are all bound by confidentiality (§ 1550).

Special situations — blindness, sensory disability, danger to life, computers and video

A blind testator expresses their last will before three witnesses present at the same time, in a document read aloud by a witness who did not write it (§ 1535 para. 1). The same applies to a person with a sensory disability who cannot read or write, but the contents must be conveyed by a special method of communication the testator chooses and all three witnesses can use (§ 1535 para. 2). The notarial route is often more workable — there a family member may act as a confidant, though not as a witness (§ 67 para. 4 NC).

For emergencies the law recognises four privileged forms: an oral will before three witnesses where life is in danger (§ 1542), and a record by a municipal mayor (§ 1543), by the master of a vessel or commander of an aircraft (§ 1544), or by the commander of a military unit (§ 1545). If the testator is still alive, an oral will lapses after two weeks and the others after three months (§ 1549).

Video and audio recordings are not a form of will: a will requires written form (§ 1532), the only non-written one being the oral privileged will. An act in a form other than the statutory one is invalid (§ 582 para. 1).

How much a will costs at a notary in 2026

The notarial tariff — Decree No. 196/2001 Coll. — sets fixed rates for the acts surrounding a will.

So at a notary reckon on 2,000 + 100 + 300 Kč, plus VAT if the notary is registered for it (§ 106 NC). The consultation is not charged separately — it is included in the fee where the notary then carries out the act (§ 3 para. 4 of the Decree). The fee may rise by no more than 100% for a complex or time-consuming matter, where foreign law or a foreign language is needed, or where the act is done away from the office or outside ordinary hours (§ 9 para. 1). The notary must warn you of an increase in advance; otherwise they cannot claim it (§ 9 para. 3).

Prices are current as at September 2026 and based on Decree No. 196/2001 Coll. as amended by Decree No. 63/2025 Coll., in force from 14 March 2025. Source: e-Sbírka — Decree No. 196/2001 Coll. and e-Sbírka — Act No. 358/1992 Coll., the Notarial Code. Check the exact amount with your notary.

Forced Heirs, the Compulsory Share and Disinheritance

Your forced heirs (nepominutelní dědici) are your children and, failing them, their descendants (§ 1643 para. 1 of Act No. 89/2012 Coll.); a spouse is not one. A minor must get at least three quarters of their statutory inheritance share, an adult a quarter — in money, not as a share in the estate (§ 1654 para. 1).

The statutory inheritance share underlying the compulsory share (povinný díl) follows the statutory order of succession, set out in our guide to inheritance proceedings.

An example. An estate of 4,000,000 Kč, two children (a minor and an adult), the wife having died earlier. Each child's statutory inheritance share is one half: 2,000,000 Kč.

• The minor child: 3/4 × 2,000,000 = 1,500,000 Kč (three eighths of the estate).
• The adult child: 1/4 × 2,000,000 = 500,000 Kč (one eighth).
• So 2,000,000 Kč, half the estate, is tied up — before you leave anything to anyone.
• Collation of gifts. If the adult child received 300,000 Kč from you free of charge in the last three years before your death, and it was no ordinary gift, it is collated against their compulsory share (§ 1660 para. 2) — leaving 200,000 Kč to pay out. Whatever you gave a child to set up a household, on marrying or to start a business is collated even if earlier, unless you express a contrary intention (§ 1661 para. 1).
• The child receives money, not a share of the flat (§ 1654 para. 1), unless they agree otherwise with the heirs (para. 2).
• The court commissioner determines the estate's value and the collation.

Disinheritance (vydědění) — when and how

A forced heir may be disinherited only on statutory grounds: they failed to help you in a time of need; they show you none of the genuine interest they ought to; they have been convicted of a criminal offence committed in circumstances evidencing a depraved character; or they persistently lead a disorderly life (§ 1646 para. 1). The law sets no "five years without contact is enough" time limit.

Disinheritance is declared in the same way as a will (§ 1649 para. 1) — so it may be handwritten; no notary required. Without a stated reason the child has the right to the compulsory share unless a statutory ground is proved against them (§ 1648); an unreasoned disinheritance is therefore not automatically invalid, it merely shifts the burden of proof. If a disinherited descendant outlives the testator, their own descendants do not inherit either, unless the testator expresses a different intention; if they do not outlive the testator, their descendants do inherit (§ 1646 para. 3). And disinheritance does not increase the other children's compulsory shares (§ 1645).

Where to Keep a Will and How to Change or Revoke It

The law requires no registration of a will written at home. Only a notarial deed, or a will accepted into notarial custody, reaches the Register of Legal Acts in Contemplation of Death (§ 35b para. 2 of Act No. 358/1992 Coll.). Custody costs 1,100 Kč and entry in the Register 100 Kč.

Notarial custody (notářská úschova)

At home the document is to hand and costs nothing, but may never be found; with a notary the court commissioner (soudní komisař) is certain to request it. A notary takes into custody documents other than notarial deeds (§ 81 para. 1 NC). It goes back only to the person who made it — or to someone producing a special power of attorney with an officially certified signature; the exception is a document accepted for release to a further person (§ 84 para. 1 NC). If the notary dies, their successor takes over the custody items (§ 103 para. 1 NC).

The Register of Legal Acts in Contemplation of Death (Evidence právních jednání pro případ smrti)

The Register is kept by the Notarial Chamber of the Czech Republic (Notářská komora ČR, § 35a para. 1 NC); it was formerly, and colloquially still is, the Central Register of Wills (Centrální evidence závětí). It records documents about a will, a codicil, an inheritance contract, a disinheritance or the appointment of an administrator of the estate (§ 35b para. 1) — but only notarial deeds and documents in notarial custody (§ 35b para. 2). The notary makes the entry (§ 35c para. 1).

The contents of a will are not recorded and are disclosed to no one. Recorded is only that the document exists and which notary holds it. The Chamber discloses this to a court, another State body or a person who proves a legal interest — and only after the testator's death (§ 35c para. 2); the application needs the death certificate, and the Chamber's fee is 500 Kč (§ 24a para. 2 of Decree No. 196/2001 Coll.). The narrower service under § 35c para. 3 differs: any notary issues a copy or a confirmation from the Register to someone with a legal interest for 150 Kč, but only about the appointment of an administrator of the estate or an executor of a will.

The family need not approach the Chamber — the court commissioner requests the disclosure. Anyone holding someone else's will must hand it over when called upon by the court (§ 141 para. 2 of Act No. 292/2013 Coll.); whoever conceals, forges or deliberately destroys a disposition in contemplation of death is excluded from inheriting (§ 1481). See also what to do when someone dies.

Source: e-Sbírka — Act No. 358/1992 Coll., the Notarial Code and portal.gov.cz — Disclosure of information about a will. The information is current as at September 2026.

Changing and revoking a will

You may change or revoke your will at any time (§ 1575). Beware a widespread misconception: a later will revokes an earlier one only so far as the earlier cannot stand alongside it (§ 1576). To revoke the old one entirely, say so expressly in the new one, or revoke it in the form prescribed for making a will (§ 1577).

A will is revoked tacitly by destroying the document (§ 1578 para. 1); destroying one of several counterparts implies no revocation. Other damage, such as crossing the text out, revokes a will only on an unmistakable intention to revoke (para. 2). A notarial will cannot be revoked by destroying a copy — the original stays with the notary. You may ask for it back at any time; it is released to you personally alone, and on release it is deemed revoked (§ 1579 para. 1). Not so for a handwritten will collected from custody: the notary merely deletes it from the Register (§ 84 para. 4 NC) — even so, ask the notary about the consequences of your particular step. If you revoke the later will and keep the earlier one, it is presumed that the earlier remains in force (§ 1580).

Return to your will whenever circumstances change: divorce · the birth of a child · buying or selling property · the death of an heir · moving to another country (which also changes your habitual residence under Article 21 of Regulation (EU) No 650/2012). Revoking a notarial will costs 500 Kč, not another 2,000 Kč (Item D, point 4 of Decree No. 196/2001 Coll.).

Did you know? A will divides up property, but cannot preserve photographs, a voice or a life story — and it is not opened until the inheritance proceedings, weeks after the funeral. Your family can one day keep the memory of your life elsewhere: in a digital memorial with a gallery, videos and a visitors' book.

The Most Common Mistakes That Make a Will Invalid

The most common mistakes lie not in the substance but in the form. A computer-printed text without two witnesses present at the same time, witnesses who signed only afterwards, a witness who is an heir — each can frustrate your last will wholly or in part. Check before you sign.

The list is not meant to alarm. The law allows for human error: clerical errors do no harm where the meaning is beyond doubt (§ 578), a defective witness does not invalidate the whole will (§ 1540 para. 2), and even an invalid inheritance contract may be valid as a will (§ 1591).

Frequently Asked Questions

Does a will have to be drawn up by a notary?

No. The law recognises three forms: a handwritten (holographic) will, written and signed entirely in your own hand (§ 1533 of Act No. 89/2012 Coll.); an allographic will signed before two witnesses present at the same time (§ 1534); and a notarial deed. A notary is required only for certain dispositions — appointing an administrator of the estate (§ 1556 para. 1) and an inheritance contract (§ 1582 para. 2).

How much does a will cost at a notary?

For a notarial deed of a will the notary is entitled to 2,000 Kč under Item D, point 1 of the Annex to Decree No. 196/2001 Coll. Add 100 Kč for entry in the Register of Legal Acts in Contemplation of Death (Item O, point 1) and a flat-rate reimbursement of expenses of 300 Kč (§ 16), plus VAT if the notary is registered for it (§ 106 of Act No. 358/1992 Coll.). Figures current as at September 2026.

Can a member of the family be a witness?

It depends whose relative they are. Excluded is an heir or legatee and anyone close to them — a relative in the direct line, a sibling, spouse or partner (§ 1540 para. 1 with § 22 of Act No. 89/2012 Coll.). A relative who is neither heir nor legatee, and close to neither, is not excluded by law; even so, choose witnesses outside the family. Before a notary it is a person close to you who cannot witness the act (§ 66 of Act No. 358/1992 Coll.).

Is a will written on a computer valid?

Yes, but only as an allographic will. You may print the text out, but must sign it in your own hand and expressly declare, before two witnesses present at the same time, that the document contains your last will (§ 1534 of Act No. 89/2012 Coll.). The witnesses then sign it (§ 1539 para. 1). Two witnesses who signed on different occasions are not enough.

Can a husband and wife make a joint will?

They cannot. The right to appoint an heir is personal to the testator, who may not make a disposition jointly with another person (§ 1496 of Act No. 89/2012 Coll.). Each spouse therefore writes their own will. The statutory alternative is an inheritance contract between the spouses (§ 1592); it requires the form of a public instrument (§ 1582 para. 2) and cannot be revoked unilaterally — revocation needs the contractual heir's consent (§ 1590).

Can I disinherit my child?

Yes, but only on statutory grounds: they failed to help you in a time of need, show you no genuine interest, have been convicted of a criminal offence committed in circumstances evidencing a depraved character, or persistently lead a disorderly life (§ 1646 para. 1 of Act No. 89/2012 Coll.). Disinheritance is declared in the same way as a will (§ 1649 para. 1). Without a stated reason the child keeps the right to the compulsory share, unless a statutory ground is proved (§ 1648).

Summary

• Three valid forms: handwritten (§ 1533), allographic with two witnesses (§ 1534), and a notarial deed.
• "At the same time" is decisive — the witnesses must be present together and sign the document (§ 1539 para. 1).
• Those excluded are the heir's relatives, not yours (§ 1540 and § 22); before a notary it is the other way round (§ 66 NC).
• Your forced heirs are your children: a minor gets 3/4 and an adult 1/4 of their statutory inheritance share, in money (§§ 1643, 1654).
• At a notary reckon on 2,000 + 100 + 300 Kč plus VAT; revocation costs 500 Kč.
• Only notarial deeds and wills in notarial custody reach the Register (§ 35b para. 2 NC); the contents never are.
• A later will revokes an earlier one only to the extent of the conflict (§ 1576).
• A missing date does not automatically invalidate a will (§ 1494 para. 1), but it is an unnecessary risk.
• With a foreign connection, Regulation (EU) No 650/2012 decides: habitual residence (Article 21), or the chosen law of your nationality (Article 22).

Related Articles

• Inheritance proceedings — a complete guide for the bereaved
• How to plan a funeral in advance
• What to arrange after a loved one's death — the steps
• Digital memorial — a QR code for the gravestone

While You Deal with Formalities — Consider a Digital Memorial

A will decides what you leave behind. Your family can one day keep the memory of your life in a digital memorial on Kinmory — with photographs, videos, your life story and a visitors' book where friends can leave a memory of their own.

If you like, pick out a few photographs now and write a few sentences about your life. That will make it easier for your family, one day, to create a memorial that opens when the QR code on the gravestone is scanned. They choose who can see it — open to everyone, password-protected, or entirely private.

Find out how a digital memorial works →