6/1958. (VII. 4.

) IM decree
on the probate procedure
In agreement with the Minister of Finance and the Minister of Health regarding § 1, I order the
following:
I. THE INVENTORY
Reporting the death

The coroner is obliged to report the death to the clerk responsible for the place of death with
(1)
a copy of the postmortem certificate.
If the death did not occur at the deceased person's last domestic residence, the notary must
submit the post mortem certificate to the notary competent according to the deceased person's
(2)
last domestic residence, and if the deceased person did not have a domestic residence, or it
1. cannot be determined, according to the location of the estate to be sent to the competent clerk.
§ The death can also be reported to the notary or to the notary by the person who has a legal
interest in starting the probate proceedings. The notifier is obliged to prove the death with a
birth certificate, a judicial decision declaring the death to be dead, or in other credible ways,
(4)
and to prove his legal interest (hereditary, traditional, creditor, etc.). If the notary or notary is
not competent for the procedure, the notary or notary shall notify the competent notary or
notary about the notification for further proceedings.
Inventory of the estate

2. For the inventory of a domestic estate, the deceased person's last domestic residence, and if
§ (1) the deceased person did not have a residence in the country or cannot be determined, the
competent notary takes action according to the location of the estate.
3. § (1) The inventory is carried out - as the inventory presenter - by the presenter commissioned
by the notary.
(1) Real estate assets left in the country after a Hungarian citizen must be inventoried.
Movables left in the country must only be inventoried if their value exceeds HUF three
hundred thousand, and
the estate is a minor not under parental supervision, a person placed under guardianship
4. a) excluding legal capacity or absent in an unknown place, and these circumstances can be
§ (2) ascertained from the post-mortem certificate, or
b) no known heirs, or
the inventory is requested by the person interested as an heir, the executor of the will, the
d) creditor of the estate or the guardianship authority, and also if the declared burden of the
estate is expected to exceed the value of the estate.
The inventory - with the exceptions set out in paragraph (2) - must be prepared in the official
(1) premises of the inventory presenter on the basis of obtaining the necessary data and listening
to the interested parties,
The inventory of movable property must be prepared at the place where the property is
5. located (on site), if
§ (2) a) the minor's heir's (traditional) interests are at risk;
b) no known heirs;
c) the on-site inventory is requested by the notary or clerk.
If the inventory is taken on site, a witness should be used if possible. The witness is not
(3)
entitled to remuneration or reimbursement of expenses.
6. (1) If there is room for an inventory, the inventory taker must prepare the inventory within thirty
§ days of the notification of the death (postmortem certificate, decision declaring the person
 dead, etc.) or the inquiry to the clerk. If it later turns out that the deceased person is subject to
a mandatory inventory [4. § (1)-(2)], but previously uninventorized property remains, the
inventory must be prepared within thirty days from the day the clerk became aware of this
property.
The inventor shall notify the interested parties known to him of the time and place of the
inventory (inherited heirs, traditional heirs, the executor of the will and, if the inventory was
requested by the creditor of the estate, also the creditor) in writing with the warning that they
(2)
may be present at the inventory, but also in their absence are conceived. Failure to notify does
not prevent the inventory. The date of the inventory can also be communicated verbally to the
party who appeared in person at the inventory presenter.
If the inventory is not prepared on the spot, the data necessary for the preparation of the
(1) inventory is determined by the inventory presenter by interviewing the relatives of the
7. deceased person and based on the data available at the notary.
§ (2) If a person who is a minor, under guardianship, absent in an unknown place, or a fetus is
interested in the estate, the legal representative must be heard.
The interviewed person must be warned that concealing assets subject to inventory is a
(3)
punishable act.
For the purposes of the estate inventory, the standardized form must be used (sample no. 1). All
sections of the form must be filled in accurately, and those sections for which there is no data
8.
must be crossed out. The inventory must always contain data on the person and property of the
§
testator, as well as all the data necessary for the transfer of the inheritance, the imposition of the
inheritance tax and the possible notarial procedure.
In the inventory, the estate properties and chattels must be listed separately - according to the
real estate register map number and the actual branch of cultivation - and must be valued
(1)
separately. If there is not enough space on the form for listing, the listing must be continued
on a separate sheet.
If the estate includes assets of which the testator was the owner only in a specified
(2) proportion, these assets must be listed in their entirety, but the proportion that belongs to the
testator must be indicated and only the value of this proportion must be indicated.
If the testator was the owner of the property outside of the real estate register, this
circumstance must be indicated in detail in the inventory. According to the real estate register,
9. (3) the property in the name of the testator must be included in the inventory - with the
§ appropriate note - even if, according to the claim of the interested parties, it no longer
belonged to the testator.
In the cases specified in Section 4, Paragraph (2), all movable property that was owned or
possessed by the deceased person at the time of death must be included in the inventory,
unless it can be established beyond doubt that it is the property of someone else. In other
(4) cases of inventorying, only those movables that are requested by the interested parties must
be included in the inventory. If there is a dispute between the interested parties regarding this,
the disputed item must be included in the inventory with a note of who claims it and under
what legal title.
If the heirs declare inheritance charges, the value of the movables left by the decedent must
(5)
be determined even if the movables have not been inventoried.
10. The value of the assets must be determined based on the negotiation with the heirs or their
(1)
§ representative, preferably in agreement with them.
If there is a difference of opinion between the inventor and the heirs or their representatives
regarding the valuation, the turnover value established by the inventor must be indicated in
(2)
the inventory. It must also be indicated if the heirs accept the established valuation as the
basis for levying fees, and in case of disagreement, what value they accept.
(3) The heirs must be informed that the sales value on which the inheritance tax is based is
determined by the tax office. The occurrence of the communication must be indicated in the
 inventory of the estate.
If an inventory of movable property is mandatory, the testator's existing claims for employee
benefits and other periodic benefits, as well as other claims, must be listed in the inventory,
with the exception of the testator's claim for the savings deposit if, when the savings deposit
was placed - in the event of his death - he nominated a beneficiary for the deposit yes. The
(1)
name of the debtor, the basis of the claim, and, if there is a deed, its date and expiration date
must be indicated. As the value of the claim, the combined sum of the sum existing on the
date of the testator's death and the contributions calculated up to that date must be taken into
11. account.
§ If a claim is secured by a pledge or mortgage, this circumstance must be indicated by
(2)
describing the pledge or mortgage.
Claims that are disputed or, according to the interested parties, uncollectible must also be
(3) included in the inventory, but the reason for the dispute or the obstacles to collection must
be recorded.
When listing the burdens of the estate (public debts), the creditor's name and apartment, the
(4) amount of the debt, the legal basis, the time it was incurred, the date of the document
relating to the debt and the time of maturity must be indicated.
If the inventory taker took security measures during the inventory, this must be indicated in
(1)
the inventory.
The declarations of the interested parties regarding the inheritance procedure must also be
12. (2)
listed in the inventory.
§
At the end of the inventory, the inventory is signed by the person taking the inventory, the
(3) stakeholders and witnesses present. If someone refuses to sign, the inventory presenter
indicates this circumstance by indicating the reason for the refusal.
During the inventory, the will handed over to the inventory representative and other
13. documents relevant to the probate procedure must be attached to the probate inventory. If
§ during the inventory it was declared that the will is in the custody of an authority or person,
this must be indicated in the inventory.
Within five days of the completion of the inventory, the estate inventory together with the
attached will and other documents must be sent in two copies to the notary who is competent
for the estate procedure. If there is real estate in the estate, the inventor sends one copy of
the estate inventory together with the tax and value certificate and other documents to the
competent notary, and another copy to the land office responsible for the location of the
(1)
property (hereinafter: land office). At the same time, he contacts the land office to attach a
14. copy of the authentic title deed for the property to the estate inventory and to forward it
§ together with the inventory to the competent notary public. In the case of properties
belonging to the area of jurisdiction of several land offices, the inheritance inventory must
be prepared in so many copies that one copy can be sent to all land offices.
If, during the inventory of the estate, the inventory presenter determines that the estate has
an interest in a minor child, a person placed under guardianship that restricts or excludes the
(2)
ability to act, or a person absent in an unknown place, the movables must also be
inventoried, and a copy of the estate inventory must be sent to the guardianship office.
15. (1) If, during the inventory, the inventory taker determines that
§ a) a minor or an heir placed under guardianship does not have a legal representative,
the deceased person was a guardian or guardian and as a result of his death, a guardian or
b)
guardian must be appointed for the person under his guardianship or guardianship,
the legal representative of a minor or a person under guardianship may not act in the case
c)
either due to the exclusionary provision of the law or due to an actual obstacle,
one of the heirs is away in an unknown place, or is in a known place, but it is not
d)
possible to serve the summons on him,
e) a fetus has an interest in the estate and in the event that the fetus is born alive, it would
 not be under parental supervision or the parent in the case cannot act either due to a
prohibitive provision of the law or an actual obstacle, in order to take the necessary
measures, the guardianship office must be notified at the same time as sending a copy of
the inventory ,
in order to take the necessary measures, he notifies the clerk of this at the same time as
sending a copy of the inventory.
In the inventory sent to the notary public, the inventory provider is obliged to indicate
(2) whether he has complied with the notification obligation described in the previous
paragraph and in § 14 (2).
In the cases specified in points a) , c) , d) and e) of paragraph (1), the notary appoints a
(3) guardian or custodian for the heir and notifies the notary competent for the inheritance
procedure.
In cases where no assets subject to mandatory inventory were left after the deceased person,
the clerk files the post mortem certificate received, as well as the order declaring the person
16.
dead (court decision establishing the fact of death), indicating the reason for the non-
§
inventory, without taking any substantive action. If the inventory was omitted based on the
testimony of the interviewed relative, the record must be signed by the interviewed relative.
The competent notary can request information from the notary on whether the inventory was
carried out in a timely manner in all cases where it is mandatory. For this purpose, you can
17.
view the relevant books (registries), documents, records and statements in person. If the
§
notary detects a deficiency or an omission, he informs the notary in order to eliminate the
deficiency or remedy the omission, and if necessary, he notifies the prosecutor.
If the death was reported to the notary [1. § (4)], or if the need for inventorying arose during
the proceedings before the notary public, the notary public may prepare the inventory
(1)
himself. If the necessary data is not available, the notary will contact the competent notary
18. in order to prepare the inventory.
§ If the inventory is prepared by the notary himself and the estate negotiation can be held at
the same time as the inventory, the notary can include the inventory in the estate negotiation
(2)
protocol without using a separate form. In this case, the protocol must contain the necessary
(Section 8) data.
Insurance measures
19. The heir, the guardian's office, or the executor of the will may request the insurance of
§ (1) assets belonging to the estate or a part of them, if there is a serious fear that the assets will
be appropriated, hidden, squandered, damaged or otherwise endangered.
An insurance measure is also appropriate if there is a serious fear that the assets belonging to
the estate will lose their value due to natural deterioration, or if the assets of the estate could
only be preserved at a cost disproportionate to their value. At the request of other interested
(2) parties in the inheritance (legacy creditor, business association, cooperative), an insurance
measure can be ordered even if the exercise of membership rights and obligations in the
business association (cooperative) belonging to the decedent's estate - thus, in particular, the
protection of corporate assets - justifies this.
(3) If it can be established that the inheritance or the assets belonging to the inheritance are at
risk as defined in the previous provisions, insurance measures are ex officio in the following
cases:
where the assets are located, the deceased person does not have a relative, representative,
a) or testamentary heir to whom the assets of the estate could be entrusted with peace of
mind,
among the heirs are minors or persons placed under guardianship and they do not have a
b) legal representative, or due to the absence of their legal representative, they cannot
adequately protect their interests,
c) the heirs are in an unknown place or there is no domestic self-righteous person among the
 heirs and in neither case do they have a representative authorized to manage their affairs.
An insurance measure can be taken by the inventory preparer and the notary public
(1)
responsible for probate proceedings.
20.
§ If the inventory taker deems it necessary to take an insurance measure with respect to an
(2) estate asset located in another location, he will contact the notary competent for the location
of the asset in order to implement it. The clerk is obliged to fulfill the request immediately.
The inventory presenter during the period from the date of death to the submission of the
estate inventory
a) deposits cash, securities and other valuables belonging to the estate into judicial custody,
the rooms, other premises, or storage cabinets, chests and other containers in which the
b) endangered assets are kept, may be temporarily sealed in case of urgent need until the
21.
assets are locked up,
§
c) can seize the movables belonging to the estate,
Assets that are not suitable for foreclosure can be entrusted to the care of a reliable person
d)
after an approximate determination of their value,
in an urgent case, he can order the sale of assets that are exposed to the risk of
e)
deterioration by their nature.
The notary is from the date of death until the end of the probate process
a) can order the insurance measures listed in § 21, if the inventory presenter omitted it,
b) can order an estate foreclosure,
c) can appoint a trustee to collect estate claims,
22. the estate, which according to the available data is transferred to the state, can be entrusted
d)
§ to the notary to manage,
may also order the sale of those movables belonging to the estate which could only be
e) preserved at a cost disproportionate to their value, or which hinder the use of the testator's
apartment, provided that the movables cannot be preserved in any other way,
may also take other measures that appear to be unavoidably necessary under the given
f)
circumstances in order to secure the estate.
Before ordering the security measure, the interested parties must be heard as much as
possible. If an interested party provides security corresponding to the value at risk and the
(1) ordering of a security measure is not otherwise necessary, it should be omitted. Cash,
savings accounts or valuables can be accepted as collateral. The security offered must be
deposited with a judge.
Cash, savings accounts and valuables are taken by the inventory taker or the notary against a
receipt for judicial deposit, and until the judicial deposit can take place, they keep it in their
(2)
office premises. The judicial deposit must be carried out immediately, but at the latest on the
working day following receipt.
Movables belonging to the estate are taken under lock and key when the inventory taker or
the notary places them in a sealed cabinet, chest or other container, in a sealed room that is
(3)
23. not required for the normal use of the residents, and the cabinet, chest or other container, or
§ the room is secured by a trusted person entrusted to his supervision.
When sealing rooms and other premises, care must be taken to ensure that the sealing does
not prevent those entitled to use the apartment to the extent necessary. During the sealing,
(4) the inventory taker or the notary public places a piece of paper on the door of the room or
the opening of the container and applies his official seal to both ends of it in such a way that
the room or the container cannot be opened without violating the seal or the piece of paper.
Inheritance foreclosure can be ordered for real estate and movables that need treatment or
are at risk of being lost or damaged. Probate foreclosure consists in the fact that the notary
entrusts the real estate or movable property subject to foreclosure to the guardian appointed
(5)
by him and provides the guardian with appropriate management instructions. The rules of
the foreclosure entered into during the execution procedure must be properly applied to the
foreclosure of the estate.
 An heir can also be appointed as trustee to collect estate claims. The trustee is obliged to
(6)
deposit the collected amount into a judicial deposit.
The provisions on the sale of assets seized or confiscated during criminal proceedings
(7) [ 14/1957. (XII. 5.) IM Decree ] shall be applied. The amount received during the sale must
be placed in a judicial deposit.
The notary either implements the security measure he orders himself, or seeks a notary
24. §
competent to implement it according to the location of the asset.
If the insurance measure is not implemented simultaneously with the inventory, a protocol
must be prepared on the implementation of the insurance measure. The name and address of
25.
the witness who may be employed must also be stated in the minutes. The inventory and
§
minutes are signed by the interested parties present and the witnesses. The witness is not
entitled to remuneration or reimbursement of expenses.
The competent notary must be notified of the security measures taken by the inventory
(1) presenter, to whom the interested parties can request the repeal of the measure in whole or
26.
in part.
§
The notary can revoke or modify the security measures taken by the inventory presenter
(2)
upon request or ex officio.
The costs incurred in securing the estate are determined by the notary public. The costs
must be advanced and borne by the person who requested the insurance measure. If the
(1)
inventor or the notary ordered the insurance measure ex officio, the interested parties are
27. obliged to advance the costs, and they are jointly and severally borne by the heirs.
§ The appeal used against the order ordering the insurance of the estate does not have a
suspensive effect on the execution of the insurance, however, in justified cases, the
(2)
execution of the insurance can be suspended until the appeal is settled by the court of
appeals and the notary public.
II. PROCEEDINGS BEFORE THE NOTARY
Jurisdiction
The notary in whose area of operation the testator had his last domestic residence is
(1)
responsible for the probate procedure.
If the testator did not have a place of residence in Germany, the notary in whose area of
(2) operation the testator died is responsible for the procedure, and if he died abroad, the notary
in whose area of operation the estate is located.
If, pursuant to paragraph (2), more than one notary is competent, the notary with whom the
(3)
procedure was initiated earlier shall continue the probate proceedings.
If, during the probate proceeding, it is also necessary to decide on the transfer of assets that
28. belonged to the estate of a previously deceased decedent, but were not the subject of probate
§ (4) proceedings, the probate proceeding shall be conducted by the notary who is competent for
the estate of the predeceased decedent according to the previous paragraphs. If both
procedures have been initiated, the estate case of the testator who died later must be
transferred to the competent notary in accordance with the previous provision.
If the notary public responsible for the procedure cannot act due to a legal obstacle,
and 15/1991. (XI. 26.) According to § 3 of the IM Decree, a competent notary cannot be
established, the acting notary is appointed by the presidency of the regional chamber of
(5)
notaries competent according to the seat of the notary. If the heir or the person interested in
the inheritance does not agree with the designation, he can apply within 15 days to the
competent county court based on the seat of the territorial chamber.
Initiation of probate proceedings

31. The notary starts the probate proceedings immediately after the receipt of the probate
§ inventory or the notification made to him, if the Hungarian citizen left real estate in the
 country, or only movable property, but the value of the movable property exceeds HUF three
hundred thousand, and
a person interested in the estate is a minor not under parental supervision, placed under
a) guardianship excluding legal capacity or absent in an unknown place, and these
circumstances can be determined from the estate inventory or based on the notification, or
b) no known heirs, or
the initiation of the procedure is requested by the person interested as an heir, the executor
d) of the will, the creditor of the estate or the guardianship authority, and also if the declared
burden of the estate is expected to exceed the value of the estate.
If only movable property belongs to the estate and the circumstance, due to the existence of
(1) which the procedure must be initiated pursuant to § 31, ceases, the notary will terminate the
procedure upon request of the interested parties.
32.
§ The notary will terminate the procedure even if there is no legacy, or the value of the
movables belonging to the legacy does not reach three hundred thousand forints, or the
(2)
legacy consists only of movables and its belonging to the legacy is disputed, provided in all
cases that no one has requested the issuance of an inheritance certificate .
Preparation of the estate trial
The notary is obliged to prepare the estate negotiation in such a way that it can be completed
33.
within a deadline; from this end, until the deadline of the trial, he obtains the data and
§
documents necessary for the procedure.
As soon as the authority or any person is reliably informed of the testator's death, they are
obliged to send the will in their possession to the notary public responsible for probate
(1) proceedings. The will must be sent by registered mail in the case of postal
transmission. Individuals can also hand over the will to the notary public responsible for
their place of residence for forwarding.
34.
If the notary public is not competent to conduct the probate proceedings, he sends the
§
required number of certified copies of the will he keeps as a notarial document to the notary
(2)
competent for probate proceedings, records this fact on the original document, and sends the
original of the will deposited with him to the competent notary public.
If the notary is informed that the will of a deceased person is being kept by an authority or a
(3)
specified person, he calls on that person to hand over the will.
After the death of the testator, the notary can open the sealed will in order to prepare for the
(1)
trial.
The notary public usually announces the will at the probate hearing, but in justified cases,
35.
(2) the will can be announced before the hearing and for this purpose, the interested parties are
§
notified of the place and time of the announcement.
The announcement must be recorded on the will or, if the original will is not kept by the
(3)
notary negotiating the estate, on the certified copy.
If, during the opening of the will, the notary notices a circumstance causing concern in
relation to the will, he makes an official record of it, and if he notices the worrisome
(1)
circumstance during the promulgation, it is noted in the minutes of the promulgation or the
36.
hearing.
§
(2) The notary signs and seals individual pages of a multi-page will at the time of publication.
As an important document, the notary public keeps the will he promulgated separately in a
(3)
place that can be easily locked away.
37. If the notary is informed that the deceased person made an oral will, he summons the
(1)
§ witnesses to record their testimony and informs the interested parties.
In the case of the witness's death, it must be determined whether he made a written record
(2) of the oral will. If there is such a record, the notary will obtain it before the deadline set for
the announcement.
(3) Promulgation of the oral will consists of questioning the witnesses and recording their
 testimony in the minutes, as well as reading out the notes prepared by them and obtained
pursuant to paragraph (2) or presented by the witness and attaching them to the minutes.
(4) The witnesses sign the protocol containing their testimony regarding the oral will.
The contents of the will must be notified to the interested parties (Section 40) who were not
38. §
present when the will was announced.
During the probate proceedings, the notary appoints a guardian if the heir has no legal
representative, is obstructed in the proceedings, or if it is justified by the exercise of
membership rights and obligations in the business association (cooperative) belonging to the
(1) estate. In a business company (cooperative), the guardian is governed by the provisions
governing the legal status of the heir, with the exception that he cannot take part in making
decisions resulting in a decrease in assets, and he cannot assume obligations concerning the
estate.
39. If the notary finds that, based on the data known to him, it can be established that an heir
§ suffers from a mental illness that precludes or limits his capacity to act, or suffers from
another mental deficiency, the competent prosecutor, guardian office, in addition to
(2) communicating the heir's interests and other available data, in order to place him under
guardianship informs you in order to initiate a possible procedure. Until this happens, or in
the case of initiation of the guardianship procedure, until the legally binding conclusion of
the procedure, the notary suspends the inheritance procedure.
If there is a conflict of interest between the testator's minor child and the surviving spouse
(3) during the probate process, the notary will contact the competent guardianship authority to
appoint a case guardian.
Summons to the probate hearing
The notary will set a deadline for the negotiation of the estate and, if the will has not been
announced before, for the announcement of the will and summons
a) the surviving spouse, furthermore
(1) b) in the absence of a will, the legal heirs,
c) in the case of a will, the testamentary heir and those entitled to the obligatory share,
the successor, the traditional, the executor and the creditors of the estate who requested
d)
the initiation of the procedure or announced their claim.
If the testator is survived by a spouse, in the absence of a descendant, the ancestors and side
(2) relatives who are destined for inheritance must also be summoned, unless it can be
40. established beyond doubt that the inherited property is acquired before the trial.
§ If the will is questionable, or the legal heirs declare a claim to the estate despite the will, all
(3)
legal heirs must be summoned.
For the interested party residing in a known place abroad - if he does not have an authorized
(4) representative at home - the notary appoints a delivery representative at the same time as
the summons.
The probate hearing must be scheduled for a deadline on which the summoned persons can
(5)
predictably appear, taking into account the distance from their place of residence.
If an heir residing abroad or in an unknown place is interested in the estate, the cut-off date
(6)
must usually be set for no less than two months.
41. In the summons, the interested party must be warned that if he does not appear at the
§ hearing despite being properly summoned, this will not prevent the holding of the estate
(1)
hearing and the decision-making. The summons must also contain a warning about the
provisions of § 58, paragraphs (2) and (3).
In addition, the interested party staying in a known place abroad must be informed that the
(2) notary has assigned a delivery representative and that the inheritance may also be handed
over under the conditions set out in § 43.
(3) If the will was not announced before the trial, the relevant contents of the will must be
 communicated to the interested parties in the summons.
If the heir resides in an unknown location, the notary public issues a notice at the same time
as the hearing is scheduled, which must be posted for fifteen days at the mayor's office
(1) responsible for the last known domestic residence of the heir, or his place of residence. At
the request of interested parties and in addition to advance payment of costs, the
announcement can also be published in a national daily newspaper.
In the announcement, the heir must be invited to appear at the hearing in person or through
his representative. If the heir or his representative does not appear at the hearing, the notary
42. (2) will appoint a guardian for him. The guardian acts until the heir enters into the proceedings,
§ but at the most until the legally binding transfer order is issued. The heir must be informed
of this in the announcement.
If in the course of the procedure it turns out that a person whose personal data is - partially
or entirely - unknown appears to be interested in the estate as an heir, the notary summons
him to the hearing by means of a notice and at the same time calls him to announce his
(3) claim within thirty days. The notary warns the unknown heir that if he does not appear at the
hearing or does not announce his claim within the specified deadline, his claim must be
ignored in the further stages of the procedure. The provisions of paragraph (1) shall apply to
the publication of the announcement.
The non-appearance of the legally summoned heir or other interested party does not prevent
(1)
the holding of the estate hearing and the making of a decision.
The probate hearing must be held even if one of the interested parties who did not appear
was not properly summoned to the hearing. However, in such a case, no substantive decision
can be made at the hearing, but a new deadline must be set for the continuation of the
(2)
hearing, and the interested party who was not duly summoned and did not appear must be
summoned. The interested parties who appeared must be summoned to the new hearing only
if necessary.
If the certificate of delivery of one of the interested parties who did not appear has not been
43. (3) returned by the deadline of the hearing, the substantive decision shall be kept pending until
§ the receipt of the certificate of delivery.
If delivery to an interested party residing in a known place abroad was not made properly, or
the certificate of delivery was not received by the deadline for the hearing, or the interested
(4) party does not make a substantive statement by the deadline for the probate hearing, does
not provide representation, or does not appear in person, the notary will assigns a trustee as
trustee and holds the estate hearing, but does not hand over the estate.
If the certificate of delivery, the declaration, or the power of attorney for representation
arrives within thirty days of the hearing, the notary holds another hearing if necessary and
(5)
decides on the transfer of the estate. Otherwise, the estate will be handed over without a
hearing based on the data of the previous hearing.
A trustee can also be a co-heir if there is no conflict of interest between him and the
(1)
represented heir.
44. The guardian's authority covers all declarations and actions related to the probate process,
§ including the receipt of probate assets; he cannot receive cash, securities or other valuables,
(2) and the permission of the guardianship authority is required to receive them. The trustee
may not enter into an agreement, may not waive rights and may not assume obligations,
unless by doing so he protects the party he represents from obvious damage.
At the probate hearing, substantive decision-making must be omitted and a new deadline
(1) must be set for the continuation of the hearing, if the testator's will was not communicated
45. to the legal heir who was summoned but did not appear.
§ At the same time as the summons for the new hearing, the content of the will must be
(2) communicated to the heir who did not appear, with the warning that if he does not appear at
the new hearing, his claim will be judged on the basis of the available data.
 A new deadline must be set even if any interested party requests the postponement of the
46.
hearing for an important reason, and if the postponement is necessary in order to reach an
§
agreement or to further clarify the facts.
Probate of the estate
The probate hearing must be held in the notary's office. However, if in order to complete the
47.
procedure quickly, to save costs or for other important reasons, it is advisable to hold the
§
hearing in another place, the notary can hold the hearing in this place as well.
During the probate proceedings, the interested parties can act in person or through their
(1) authorized representative, who can also represent them in court according to the rules of
48.
civil procedure.
§
The notary is obliged to examine ex officio the authorized person's, guardian's and
(2)
guardian's rights of representation.
After the opening of the hearing, it must be established which of the summoned persons
49. (1) appeared, whether the certificate of service of those who did not appear has been received
§ and whether they were properly summoned to the hearing.
(2) An interested party who did not receive a summons may also appear at the hearing.
On the basis of the probate hearing, the facts regarding the transfer of the probate must be
established ex officio. In order to establish the facts, the notary may invite the parties to
(1)
make statements, to present documents, to provide evaluation and other data, and to obtain
documents and documents from the courts and other authorities.
If during the probate proceedings it is revealed that the bequest must be handed over to a
50. missing person and the conditions for declaring the person dead exist, the interested parties
(2)
§ must be called to request the declaration of the missing person as dead, and the probate
proceedings must be held in abeyance until it is completed.
If there are no obstacles, the notary registers the request to declare the deceased dead and
(3)
forwards it to the competent local court to conduct the procedure.
At the probate hearing, interested parties must be given the opportunity to comment on the
(4)
testator's will.
During the substantive hearing, the notary first presents the inventory, or prepares it himself,
51.
if necessary, corrects or supplements the submitted inventory, or takes measures to correct or
§
supplement it.
At the hearing, it must be established who and under what legal title have claimed and can
(1)
claim the inheritance.
The kinship or family relationship between the claimant and the testator under the title of
(2)
legal inheritance must be established.
The notary is obliged to guide the parties on the legal issues that arise and to ensure that the
(3)
52. parties make their statements at the hearing in full knowledge of their legal consequences.
§ Land used by a producer cooperative [ 7/1967. (X. 24.) MÉM Decree § 1 (1) para.] in the
case of inheritance, the notary must inform the outside heir at the probate hearing of Article
IV of 1967. of the provisions of § 4 of the Act . If the outside heir immediately announces
(4)
his intention to enter the producer cooperative to the notary, the notary will - at the request
of the party - record the declaration and send it to the president of the interested producer
cooperative immediately.
At the inheritance hearing, an attempt must be made to reach an agreement between the
heirs. The IV of 1952. The provision on the judicial settlement contained in § 87, paragraph
(3) of the Act is also applicable in the case of a settlement concluded before a notary public,
(1)
53. in comparison, such a settlement does not need the approval of the guardianship authority. A
§ unanimous statement by the interested parties, according to which there is no dispute
between them regarding the estate, must be considered such an agreement.
(2) During the probate hearing, the notary must take particular care to ensure that the interests
of minors and heirs under guardianship are not harmed. If the parties enter into an
 agreement that clearly conflicts with the fair interests of the minor or the heir under
guardianship, it cannot serve as the basis for the transfer of the estate, even if the interested
parties maintain it despite the notary's information and warning. In such a case, the approval
of the settlement must be refused, and the trial must continue as if the parties had not
entered into a settlement.
If official approval, consent or confirmation is required for the validity of the agreement, the
agreement must be submitted to the competent authority before making a decision on the
(3) transfer of the estate. If the authority does not provide approval, consent, or confirmation,
the settlement must be considered as if it had not been reached and a new trial must be held
in the matter.
An agreement between the heirs solely regarding the objects of the estate (class agreement) -
in addition to the share in the inheritance, but regardless of its proportion - is not considered
(4)
a legal transaction between the living and the inheritance must be transferred under the legal
title of inheritance based on the agreement.
If the objection that the heir is unworthy of the inheritance arises at the trial, the heir must be
54. §
given the opportunity to comment on the objection.
If this decree or other legislation does not provide otherwise, there is no place for taking
55.
evidence in probate proceedings. Interested parties may, however, attach a document to
§
establish the estate, to prove the quality of the heir or to support their position.
A record must be made of the probate hearing. The protocol must contain the presentations
of the interested parties regarding the composition of the estate, the identity of the heirs and
other relevant circumstances related to the inheritance, as well as the transfer of the
(1)
estate. In addition, the minutes must also contain the requests and other significant
statements of the interested parties. In the protocol, it must be noted that the turnover value
on which the inheritance tax is based is established by the tax office.
56.
(2) The minutes must also refer to the documents and documents attached by the parties.
§
The minutes must state what agreement the parties made, what contentious issue arose,
(3) whether an agreement was reached regarding the transfer of the estate, and if the parties
could not agree, which party made what demands.
If, as a result of the agreement, the heirs terminate the joint ownership of the inherited real
(4) estate, the sketch necessary for the division of the real estate in the real estate register must
be attached to the minutes.
Delivery of the estate
57. The notary decides by order on the transfer of the estate to the heirs. If the notary becomes
§ aware during the probate procedure that the membership application has already been
(1)
submitted to the third-party heir producer cooperative, he must indicate this in the probate
order.
In addition to handing over the inheritance, the notary also decides by order on the motions
(2)
and other issues presented during the inheritance procedure.
By decree, the notary decides on the establishment and payment of the costs of the trustee
appointed during the probate procedure, as well as other costs incurred during the probate
procedure (insurance costs, etc.). The costs must be paid by the person in whose interest the
(3)
appointment of the guardian was, as well as the taking of other measures involving costs,
provided that this interested party inherits in the estate, otherwise the costs are charged to
the estate.
When the orders are made, they must be communicated to the parties present by
announcement, and to the parties who are not present by delivery. The notification of the
(4) order regarding the transfer of the estate - specifically both the temporary transfer and the
final transfer - as well as the payment of costs is done by delivery, even if the order has been
announced by the notary in front of the interested parties.
(5) If the number of interested parties is smaller and it is possible to immediately prepare the
 order of inheritance during the hearing, the notary delivers the copies of the order of
inheritance to the parties present at the hearing and acknowledges the receipt of the order of
inheritance in the trial minutes.
After the end of the estate negotiation, the notary transfers the estate to the heirs in full
force, if
only one heir has declared a claim to the inheritance and according to the available data,
a)
(1) no one else has a claim to the inheritance,
58. during the probate procedure, there is no dispute between the heirs regarding the transfer
§ b) of the legacy property, and in both cases there is no legal obstacle to the transfer of the
legacy.
If, at the trial, the heir transfers his or her inheritance to a co-heir, to an heir not directly
interested in the inheritance proceedings, or to the inheritance creditor, the notary enters the
(3)
legal declarations into an agreement and decides on its approval. Such a settlement
approved by a notary has the same effect as a court settlement.
Even in the event of a dispute, the real property legacy must be handed over in full force, if
(1) only the cash legacy is disputed, but at the same time, the amount of the disputed legacy
must be secured by including a mortgage on the legacy real estate at the traditional request.
If the obligation or its extent is in dispute, the legacy can be handed over in full force only if
the claimant does not demand satisfaction of the obligation in kind and consents to the
transfer of the legacy in full force. In such a case, the required part must be secured by
(2)
including a mortgage right on the inherited properties up to the security amount determined
jointly by the interested parties. The contribution cannot be taken into account if the
interested parties do not agree on the security amount.
59.
The inheritance must be handed over to the heirs in full force, but in an undivided whole, if
§
an agreement was not reached between them simply because they could not agree on the
(3)
way to divide the community of ownership, or their agreement was not approved by the
authority.
The inheritance must be handed over in full force, encumbered with the right of usufruct of
the surviving spouse, if only the right of usufruct of the surviving spouse or its extent is in
(4)
dispute among the interested parties. In such a case, the interested party can assert his claim
through a judicial process.
A part of the legacy can also be transferred to the heirs, if the prerequisites for the transfer
(5)
stipulated in the previous § apply only to this part of the legacy.
60. If the inheritance cannot be handed over in full force pursuant to §§ 58 and 59, it must be
(1)
§ handed over to the heirs with a temporary force.
The heir may take possession of the inheritance temporarily handed over to him and use it as
a bona fide possessor, but he may not alienate it or encumber it. The taking of possession
does not cover cash and valuables, these must still be kept in judicial custody or placed in
(2) judicial custody. The heirs can also pay the burdens of the inheritance, the inheritance
procedure and inheritance tax at the expense of the estate, for this purpose, with the
permission of the notary, they can sell the assets of the inheritance, and they can also take
possession of the cash and valuables deposited in judicial custody.
In the case of the temporary transfer of the estate, the interested party may assert his claims
not taken into account by the temporary delivery order within thirty days from the delivery
of the order. The initiation of the action must be certified by the notary no later than the
eighth day after the expiration of the deadline. If the interested party does not initiate the
(3)
action within the set deadline or does not justify the initiation of the action, or has
abandoned the action in the lawsuit, or the court has rejected the action with final force of
law, the temporary transfer of the estate becomes fully effective. The fact that the temporary
transfer of inheritance has become fully effective must be established ex officio by order.
(4) If the court's decision differs from the transfer order with temporary effect, the notary issues
 a transfer order with full effect in respect of claims not settled by the court decision. If the
court has settled all claims, the notary states this in the order concluding the probate
proceedings.
The disputed estate - regardless of who owns it - must be handed over to a contractual heir
with temporary effect, if there is no such heir, to the testamentary heir, in the case of a
(1)
written or oral will, to the heir named in the written will, and in the absence of a final
disposition, to the legal heir.
61.
§ If the inheritance contract or will on which the heir bases his claim does not have the legal
(2) requirements, the contested estate must be temporarily transferred to the heir named in the
will with the legal requirements, or to the legal heir.
All other disputes must be decided on the basis of the available data and the estate must be
(3)
transferred provisionally in relation to the decision.
The parties must be warned in the order about the provisions regarding the scope of the
63. §
temporary transfer of the estate.
64. If there is a dispute between the heirs as to which movables belong to the estate, the notary
§ transfers the non-disputed movables to the heirs and warns them that they can enforce their
(1) claim on the disputed movables through the normal legal process. If the ownership of the
movable property is disputed by a person other than the heirs, the movable property can
only be left out of the inheritance if the claimant's claim is probable.
Real estate registered in the real estate register as the property of the decedent can only be
left out of the inheritance if the person claiming ownership of the real estate proves his claim
with a document suitable for registration in the real estate register, a judicial or
(2)
administrative decision, or if within the appropriate deadline allowed by the notary public
through an actual possession procedure or in another way, the ownership right is registered
in the real estate register.
If the surviving spouse has a claim to the real estate registered as the property of the
decedent in the real estate register or a part of it under the legal title of community of
property and his claim is recognized by the heirs, or the legitimacy of the claim appears
probable due to other circumstances, the claimed real estate or part of real estate must be
(3)
omitted from the inheritance. In this case, it must be established that the requested real estate
or part of real estate belongs to the surviving spouse under the legal title of community of
property, and arrangements must be made in the order for the transfer of the inheritance in
order to transfer the ownership right to him.
If the spouse's claim is not recognized by the heirs, the notary must provide the spouse with
a way to enforce his claim by means of a lawsuit by allowing an appropriate deadline. If the
spouse's claim is asserted with a lawsuit within the allowed time limit and this is confirmed
(4)
by the notary, the procedure must be kept pending until the legal conclusion of the
lawsuit. Otherwise, the estate must be handed over to the heirs in full force, regardless of the
declared claim. Paragraph (5) of § 59 is also applicable in such cases.
If the property included in the inventory or requested by the heirs to be included in the real
estate register is not in the name of the testator, the notary will attempt to obtain a document
or decision suitable for registering ownership in the real estate register. If this is not
possible, but the necessary conditions for the registration of the right of ownership based on
(5)
the effective possession procedure exist, the notary records the facts and the request for the
initiation of the actual possession procedure and contacts the competent notary for the
initiation of the actual possession procedure according to the application, this and keeps the
procedure pending until its completion.
(6) If the identity of the person listed in the real estate register as the owner of the real estate
with the testator is doubtful, the real estate can only be included in the inheritance if the
notary establishes the identity. If the identity cannot be established from the inheritance
documents or from the document presented by the interested parties, the notary will contact
 the competent notary in order to verify the identity. The notary informs the land office of the
determination of identity in the inheritance order. The communication replaces the identity
certificate.
The inheritance order must be delivered to the heirs, traditional heirs, the executor and
(1) other interested parties, and, if a minor, a person under guardianship, absent in an unknown
place or an unborn child is interested, to the notary.
The inheritance transfer order must also be delivered to the legal heirs whose summons to
65.
(2) the inheritance hearing was waived by the notary on the basis of § 40, subsection (1),
§
point c) and subsection (2).
In the case of inheritance of land used by a producer cooperative, the inheritance order must
(3) be delivered to the producer cooperative using the land, as well as to the competent land
office, after it has become legally binding.
The notary establishes the legal force of the inheritance transfer order. At the party's
(1) request, the clause certifying the increase in legal force must be added to the presented
publications of the inheritance order.
If an entry in the real estate register or the company register is required for the execution of
(2) the order transferring the inheritance in full force, the competent land registry, company
66. court, or company representative must be contacted for its execution.
§ In the event of a temporary transfer of the estate, the registration of the transfer in the real
(3)
estate register must be omitted.
At the same time as establishing the entry into force of the probate order, measures must be
taken in relation to the provisions of the probate order for the distribution of cash, savings
(4)
accounts and valuables in judicial custody, as well as the release of probate assets held by
other authorities or private individuals.
In the case of real estate bequests, and in the case of movable bequests, if there is an
67. inheritance tax to be levied, the bequest transfer order - with the exception of the order
§ (1) temporarily transferring the bequest - must be sent to the tax office in order to levy the tax
after it becomes final.
If the order handing over the estate with temporary effect becomes fully effective, the notary
68. takes steps to implement the handover of the estate in accordance with the rules related to the
§ entry into force of the order handing over the estate with full effect.
Transfer of the estate without negotiation
If the testator did not leave a disposition, the notary hands over the estate without a hearing
a) if there is only one legal heir;
if the legal heirs prove that they are the exclusive legal heirs of the testator and that they
(1) b) have entered into an agreement covering all issues other than the procedure before the
notary in relation to the legacy, on the basis of which the legacy can be transferred;
c) in the supplementary inheritance procedure;
d) if the decedent has only movable assets not exceeding HUF five hundred thousand.
A unanimous declaration of the heirs, according to which there are no disputed questions
69. (3) regarding the inheritance, shall also be considered as an agreement referred to in
§ paragraph (1) point b) .
After delivery of the inheritance order - before the order enters into force - the heir may
request the appointment of a probate hearing if he refuses the inheritance, wishes to enter
into an agreement with another heir, or wishes to deviate from the agreement according to
paragraph (1) b) or his inheritance or its wants to transfer part of it to the creditor of the
(4)
estate or to an heir not directly interested in the estate proceedings in exchange for the
satisfaction of the creditor's claim. The heir must be warned of this right in the inheritance
order.
Transfer of the estate to the state
 If there is no known heir after the testator, the notary issues a notice in which he calls on
(1)
everyone who claims the estate as an heir to report it to him within thirty days.
The announcement must be posted for 15 days at the mayor's office competent according to
the testator's last domestic residence or, in the absence of such, the last domestic
residence. At the request of interested parties, in addition to advance payment of costs, the
(2)
announcement must also be published in a national daily newspaper. By sending the
announcement, the notary informs the Treasury Management Organization of the initiation
70. of the inheritance procedure.
§ If no one claims the estate as an heir within the deadline set for the announcement, the
(3) notary will make a decision on the transfer of the estate, otherwise the procedure will
continue based on the notification of the heirs who have applied.
In the absence of known heirs, the notary can, if absolutely necessary to cover funeral costs,
order the sale of certain movables belonging to the estate. In order to execute the sale, you
will find a notary who is competent according to the location of the movables. The sale is
(4)
governed by Paragraph (7) of Section 23, with the exception that the amount received must
be used to settle the funeral costs and only the remainder must be placed in a judicial
deposit.
If, during the procedure regulated in the previous §, a claim is filed not under inheritance but
71. under another civil law title and it is recognized by the state, the notary makes a
§ corresponding decision. Otherwise, in order to clarify the reported claim, it will conduct the
necessary proof.
If the estate includes a property subject to inheritance restrictions and there are no relatives
entitled to inherit according to the governing legislation (spouse and heir entitled to an
obligatory share), the notary will contact the notary competent for the location of the
property to inform them that the prohibition of alienation and encumbrance, as well as the
whether an inheritance restriction still exists (whether the redemption price of the property
(1)
has been paid, whether the interested parties are not exempt from paying the redemption
72. price, or whether the building of the house has taken place, etc.) and, if it does not exist, also
§ regarding whether the deletion of the prohibition of alienation and encumbrance, as well as
the restriction of inheritance from the real estate register [ 22/1957. (VI. 16.) PM Decree § 7]
take action.
If the prohibition of alienation and encumbrance, as well as the limitation of inheritance,
does not exist, the notary sets a deadline for the negotiation of the estate and summons the
(2)
interested parties to it, while otherwise the estate consisting of the benefited property is
handed over to the state without a notification procedure.
Procedure in the event of an application for the redemption of the beneficiary right of the surviving
spouse

The surviving spouse or the legal heirs can request the redemption of the usufructuary
(1)
right at the notary competent for inheritance proceedings.
72/A. The request for redemption can be submitted for a specified portion of the estate with
§ (2)
usufructuary rights, as well as for specified assets.
The provisions on redemption must also be properly applied in the event that the
(3)
beneficiary of the insurance contract is the heir (Section 560 of the Civil Code).
72/ The notary is obliged to inform the surviving spouse and the legal heirs about the
B. § (1) possibility of redemption in the summons.
During the probate proceedings, the request for redemption must be submitted no later than
(2)
the adjournment of the probate hearing.
(3) If probate proceedings were not otherwise initiated, or the notary handed over the estate
without a hearing, the surviving spouse or any heir may request redemption of the usufruct
 right within one year from the opening of the inheritance. If the court later determines that
the person who did not participate in the proceedings is an heir, redemption of the right to
usufruct in respect of his or her share of the inheritance may be requested within one year
from the date of entry into force of the decision. In the mentioned cases, based on the
application, the notary will schedule a probate hearing, to which the surviving spouse and
all legal heirs will be summoned.
If redemption has not been requested by all the beneficiaries, the notary warns the other
interested parties in the summons that they can submit their request for redemption no later
(4) than the end of the probate hearing. If the interested party does not request the redemption
of the usufructuary right until the end of the probate hearing or does not make a statement
on the merits, he may no longer assert his claim for redemption.
If an agreement is reached between the surviving spouse and the legal heirs regarding the
redemption of the usufruct, the notary's procedure is governed by the provisions of Section
(1)
53. A settlement approved by a notary has the same effect as a court settlement. The notary
transfers the estate according to the general rules, subject to the agreement.
In the absence of an agreement, if there is no inheritance legal dispute between the heirs
and there is room for full transfer of the inheritance, the notary will decide on the issue of
redemption with a separate order. To this end, if necessary, it conducts evidence and takes
into account the beneficiary's rights and fair interests during its decision. Each party bears
(2) its own costs. The notary transfers the estate in full force after the special order becomes
final - subject to the provisions of the special order. If none of the interested parties in the
matter of redemption asserts their claim before the court within thirty days from the entry
72/
into force of the special order, the notary's special order becomes enforceable, and the
C. §
rights related to the redemption diminish.
In the absence of an agreement, if there is a legal dispute between the heirs, the notary
transfers the inheritance to the heirs with a temporary effect in accordance with the general
rules of legal inheritance, encumbered by the right of usufruct of the surviving spouse. The
(3)
interested party may enforce his rights related to the redemption with a lawsuit in
accordance with the provisions of § 60. However, if you do not assert your claim within
thirty days, your rights to redemption will wane.
If the court later decides on an inheritance law dispute, and this may result in a change in
the division of the inheritance on which the redemption is based, the interested party may
(4)
assert his right to redemption before the court at the latest until the hearing before the first-
instance decision is made.
72/D. In the case of supplementary inheritance proceedings (Section 92), redemption of the
§ usufruct right is also possible within the framework of the proceedings.
Remedies
There is room for appeal against an order made during the probate proceedings that
(1)
contains a substantive provision or against which this decree specifically allows it.
73. (2) Anyone who considers a provision of the order to be harmful can appeal.
§ In the interest of a minor, a person under guardianship, or a person who is absent in an
(3)
unknown place, the notary can challenge the order of inheritance by appeal.
(4) The appeal deadline is fifteen days.
The right to appeal can be waived after the announcement of the order, before delivery and
74. (1)
after delivery. The parties present at the announcement of the order must be warned of this.
§
(2) A minor, an absentee, or an heir under guardianship cannot waive their right to appeal.
(1) The appeal must be submitted orally or in writing to the competent notary public.
75. §
(2) An appeal submitted in due time has a suspensory effect.
(1) The appeal falls under the jurisdiction of the county court.
76. §
(2) There is no further appeal against the order of the county court.
Repetition of the probate procedure

A request for a repeat of the procedure may be submitted against the legally binding
decision effectively ending the probate proceedings, if the heir refers to a fact that was not
(1) adjudicated in the probate proceedings, provided that - in the event of an adjudication - the
order of inheritance or the legal title of the inheritance, and in connection with these could
76/ have resulted in a change in the proportion of the share in the estate.
A. § The request can be submitted orally or in writing to the notary who made the decision on
(2) the merits within one year from the entry into force of the inheritance order; due to the
failure of this deadline, there is no place for a certificate.
In the case according to § 73, paragraph (3), the notary may submit a request for the
(3)
repetition of the procedure within the deadline open to the heir.
In the request to repeat the procedure, the probate order against which the request is
(1) directed must be indicated, as well as the facts on which the request is based and their
evidence.
The notary examines ex officio whether the prerequisites for repeating the procedure
exist. If he finds it permissible to repeat the procedure, he will schedule a probate
(2)
hearing; otherwise, the request will be rejected by order. There is an appeal against the
order.
76/
B. § (3) If the application proves to be well-founded, the notary can suspend the execution of the
inheritance transfer order ex officio.
In the case of a repetition of the procedure, the inheritance case must be discussed again,
taking into account the request. Based on the outcome of the hearing, the notary maintains
(4)
the probate order in force or annuls the final probate order - in whole or in part - and makes
a new order, or if the conditions are met - issues an inheritance certificate.
In other respects, the provisions of this regulation shall be applied accordingly to the
(5)
repeated procedure.
If the conditions for the repetition of the procedure and the conduct of the supplementary
76/C.
probate procedure are met, the claims belonging to the supplementary probate procedure
§
must be validated during the repeated probate procedure.
The legal status of the executor
If the testator appoints an executor in his will, the notary notifies the appointment of the
77.
executor after the opening of the will and informs him that if he does not accept the
§
assignment, he must report it within eight days from the delivery of the notice.
The executor in relation to the measure contained in the will
manages the estate until the heirs withdraw the management mandate or the inheritance
(1) a)
procedure is completed,
b) verifies the fulfillment of testamentary orders.
78.
In the absence of a testamentary measure to the contrary, the power to manage the estate
§ (2)
also extends to the fulfillment of urgent payments and the collection of estate claims.
The executor may be present at the inventory of the estate, at the hearing of the heirs
(3) regarding the provision of the estate and at the probate hearing; the executor must be
notified of the deadline for the inventory, hearing and trial.
The executor of the will shall be considered the agent of the heirs with regard to the
(1)
management of the estate.
79. §
The heirs can withdraw the asset management from the executor with a joint declaration
(2)
for all of them or separately with the effect of the declaration.
The heirs are obliged to reimburse the executor's expenses. If the executor was awarded the
80.
inheritance by the testator, the value of the award must be included in the fee for fulfilling the
§
assignment.
INTERNATIONAL PROVISIONS

If a foreign citizen has either movable or immovable property left in the country, it must be
(1) inventoried according to the general provisions of this regulation. The inventory must be
sent to the notary public responsible for probate proceedings.
The notary and the inventor must carefully examine the citizenship of the testator. If there is
information that the testator had Hungarian citizenship at the time of his death in addition to
(2)
his possible foreign citizenship, the notary will contact the Immigration and Citizenship
Office to clarify this.
81.
§ If the testator was exclusively a foreign citizen or had foreign citizenship in addition to
Hungarian citizenship, the inventory preparer or notary directly informs the consular
(3) representation of the foreign state concerned, or - if the state concerned does not have a
consular representation in the Republic of Hungary - the Consular Department of the
Ministry of Foreign Affairs.
The obligation to notify falls on the notary if the procedure was started immediately before
(4) him, or if he notices in the course of the procedure that the inventory provider did not
comply with his obligation to notify.
If the Minister of Justice and Law Enforcement learns from foreign authorities or the Ministry
82. of Foreign Affairs about the death of a Hungarian citizen who died abroad and left behind
§ property in the country, he shall notify the notary public responsible for probate proceedings
in addition to providing the available data.
Inheritance certificate

At the request of the person interested as an heir, the executor of the will or the creditor of
the estate, the notary issues a certificate of inheritance without conducting the inheritance
procedure or handing over the inheritance, if there is no inheritance dispute between the
heirs, and
the value of the movable property belonging to the estate does not reach HUF three
(1) a) hundred thousand;
the value of the estate cannot be determined, or there is no estate, but the heir or other
b)
87. interested party demonstrates a legal interest in the conduct of the procedure;
§ only the social security benefit (pension, aid, annuity, etc.) due to the testator is the
c)
subject of the inheritance.
At the request of the heir, the notary issues an inheritance certificate for foreign use even in
(2)
the event that a Hungarian citizen has left movable or immovable property abroad.
The notary can also schedule a hearing if it becomes necessary to hear the party or take
other evidence. And if a circumstance has arisen that necessitates the transfer of the
(3)
inheritance, the notary will decide according to the general rules, and the inheritance
certificate that may have already been issued will be revoked.
88. The inheritance certificate certifies the legal title and proportion of the inheritance, as well
§ (1) as - if known - the composition and value of the inheritance, and finally the declared burden
of inheritance.
The inheritance certificate for foreign use does not certify the composition of the
inheritance or its value, it does not certify the acquisition of the property belonging to the
(2)
inheritance as an heir, and it does not entitle the person designated as heir in the certificate
to manage the inheritance.
The inheritance certificate must be issued if the applicant proves that the person designated
(3) by him is the heir or, in the case of multiple heirs, that there is no dispute between the heirs
regarding inheritance-related issues.
(4) If the inheritance is subject to a condition, this must be stated in the inheritance
 certificate. If the suspensive condition has already occurred, the reference to the condition
must be omitted.
The issuance of the inheritance certificate must be refused if the interested parties have not
(5) obtained the official confirmation, approval or consent necessary for the conclusion of the
agreement.
An inheritance certificate issued by a notary public or an order refusing to issue it is subject
(6) to appeal. In other respects, the provisions of this regulation shall be applied in the
procedure related to the issuance of the inheritance certificate.
III. MISCELLANEOUS PROVISIONS

If this regulation does not contain a different provision or if the non-litigation nature of the
procedure does not indicate otherwise, the rules of the civil procedure shall be applied
(1)
accordingly in the probate procedure. The local court shall mean the city and district court,
and the county court shall also mean the capital court.
89. The term "residence" included in this decree is defined in Art. 1/1954. (I. 9) corresponds to
§ the term "permanent apartment" contained in § 18 of the BM decree, and the term "place of
(2)
residence" corresponds to the term "temporary dwelling" contained in § 19 of the said
decree.
The provisions of this decree concerning the heir must also be applied appropriately to the
(3)
traditional heir, in the absence of a different provision.
A separate law provides for the remuneration of the notary public for the execution of the
90. §
probate procedure.
If any property belonging to the estate is discovered after the end of the probate procedure, a
92.
supplementary probate procedure is required. The provisions of this regulation must be
§
applied accordingly to the supplementary inheritance procedure.
This decree enters into force on the 1st of September 1958, at the same time the council
(1) bodies take over the task of inventorying the estate [ Article 26 (2) of Legislative Decree 5
93. of 1958 ].
§ The form regularized for the purpose of the estate inventory and used when this decree
(2) entered into force must be used - if necessary, with the addition of the appropriate columns
- until further notice