Continuation after the entrepreneur’s death

Basic information

Required particulars of submissions, administrative fees, statutory time limits.

Additional information

Related procedures, frequently asked questions.

Information on submissions

Who can make a submission, where and in what form the submission can be made, submission forms.

Procedure followed by the trade licensing office

Processing of submissions at the trade licensing office, resolution of defects in submissions, registration in the trade licensing register, what documents result from the processing of the submission.

Continuation prior to the conclusion of probate proceedings

The following persons may continue to carry on the deceased entrepreneur’s trade, provided that they notify the trade licensing office of their intention within 3 months of the date of the entrepreneur’s death:

The executor of the will, if he also administers the estate
Heirs at law, in the absence of testamentary heirs
Testamentary heirs and the surviving spouse or partner, even if they are not an heir, provided that they are co-owner of the assets used to carry on the trade
The surviving spouse or partner, even if they are not an heir, provided that they are co-owner of the assets used to carry on the trade, and provided that the heirs do not continue the trade

If a continuing person from the above group does not meet the general or specific conditions for carrying on the trade, if they are subject to impediments to carrying on the trade, or if they do not have residence in the Czech Republic and the Trade Licensing Act requires such residence, the continuing person must appoint a responsible representative without delay.

In addition, the following persons may also continue to carry on the deceased entrepreneur’s trade, provided that they notify the trade licensing office of their intention within 1 month of the date of the entrepreneur’s death or, if they were appointed later, within 1 month of the date on which they were appointed:

The administrator of the decedent’s estate appointed by a court
The trust administrator, if the plant was placed in a trust fund as disposition of property upon death
The liquidating trustee
The insolvency administrator appointed by a court – but they may continue the deceased entrepreneur’s trade for a period not extending beyond the end of insolvency proceedings

If the administrator of the estate, insolvency administrator or trust administrator does not meet the specific conditions for carrying on the trade, they must appoint a responsible representative without delay.

Continuation after the conclusion of probate proceedings

The following persons may continue the deceased entrepreneur’s trade after the conclusion of probate proceedings, irrespective of whether they were a continuing person during the probate proceedings, provided that they prove that they have acquired the ownership rights in respect of carrying on the trade:

Heirs at law, in the absence of testamentary heirs
Testamentary heirs and the surviving spouse or partner, even if they are not an heir, provided that they are co-owner of the assets used to carry on the trade
The surviving spouse or partner, even if they are not an heir, provided that they are co-owner of the assets used to carry on the trade, and provided that the heirs do not continue the trade
The trust administrator, if the plant was placed in a trust fund as disposition of property upon death

The continuing person must notify the continuation of the trade to the trade licensing office within 3 months of the conclusion of the probate proceedings and, at the same time, they must notify the trade or, if relevant, submit an application for a concession.

Extinction of the right to continue the deceased entrepreneur’s trade

The continuing person’s right to carry on the trade after the conclusion of probate proceedings expires:

Upon the expiry of the time limit of 3 months from the conclusion of probate proceedings to no effect
Upon the creation of their own trade authorisation
In the case of notifiable trades that have been notified by the continuing person in this connection, by the final decision that the conditions for the inception of the authorisation have not been met or, if relevant, the decision that the authorisation has not been created by the notification
In the case of permitted trades, by the final decision to reject the application for a concession that has been submitted by the continuing person in this connection or, if relevant, by the final resolution to rejecting the application for a licence submitted in this connection by the continuation, or by a final decision to discontinue the proceedings for granting a concession

The termination of the deceased entrepreneur’s trade

The deceased entrepreneur’s trade terminates by expiry of a time limit of 3 months from the conclusion of probate proceedings to no effect, or as of the date of the expiry of the last continuing person’s right to continue the trade.