Inheritance touches every family sooner or later – and Hungarian succession law holds real surprises for those who assume “the family will sort it out”. Here is who inherits under Hungarian law when there is no will, what the widow or widower actually receives, why a cohabiting partner gets nothing, and what the “forced share” means.
The statutory order: children first
Without a will, the deceased’s children inherit in equal shares; a predeceased child’s share passes to their own descendants. The surviving spouse receives a dual entitlement alongside the children: a life-long right of use (usufruct) of the family home and its furnishings – nobody can remove the widow(er) from the home – plus one child’s share of the rest of the estate. Without descendants, the spouse inherits the family home outright plus half of the remaining estate, the other half going to the deceased’s parents; failing spouse and descendants, the estate passes to parents, then siblings, grandparents and their lines, and ultimately to the State.
The most important sentence of this article: a cohabiting partner – even after decades together, even with common children – is not a statutory heir in Hungary. Without a will, the home registered in the deceased partner’s name goes to their relatives. For unmarried couples, a will is not a luxury; it is the basic instrument of caring for each other. (A registered partnership concluded before a notary gives inheritance rights equal to marriage.)
The forced share (kötelesrész)
Freedom to make a will has a statutory limit: descendants, the spouse and parents who would otherwise be statutory heirs are entitled to a forced share equal to one third of their statutory share – payable in money by the heirs. Gifts made by the deceased in the 10 years before death are added back to the calculation base, so giving everything away shortly before death does not defeat the rule. Disinheritance is possible only on narrowly defined statutory grounds, expressly stated in the will.
Inheritance tax: usually none within the family
Good news that many do not know: inheritance is duty-free between direct-line relatives (children, parents, grandchildren), between spouses and – since 2020 – between siblings. Outside these groups the general rate is 18%, or 9% for residential property – relevant, for example, when leaving assets to a partner or a distant relative, and worth factoring into estate planning.
Debts, and heirs living abroad
Heirs are liable for the estate’s debts primarily with the estate assets themselves – your own property is, as a rule, protected – and a heavily indebted inheritance can be disclaimed. If you live abroad and inherit Hungarian assets, the probate procedure before the Hungarian notary can be handled through a local attorney under a power of attorney, without repeated travel; EU citizens should also be aware that the EU Succession Regulation allows a choice of the law of one’s nationality in a will – a powerful estate-planning tool for expats. I assist English-speaking heirs and testators in all of this, including drafting wills registered in the National Register of Wills.
Questions about your own case?
I advise clients in English and Hungarian, in person in Győr and Mosonmagyaróvár or by video call from anywhere in the world. The 20,000 HUF consultation fee is fully credited against my fee if you retain me.
This article provides general information and does not constitute legal advice. Fees, duties and thresholds are set by law and change from time to time; every case is different – please contact me about your specific situation.