Inheritance and probate proceedings in Serbia: how to obtain a decision on inheritance

How the proceedings start

Probate proceedings are, as a rule, initiated by the court of its own motion once it receives the death record from the registrar. The court conducts them itself or entrusts them to a public notary. The heirs are summoned to a hearing at which the estate and the heirs are determined.

Who inherits by law

If there is no will, the estate passes by law, according to the orders of succession. The first order consists of the deceased's descendants and spouse. If there are none, the parents and their descendants inherit, followed by more distant relatives.

Wills and the reserved share

A will can leave the estate to other persons as well, but forced heirs, such as descendants and the spouse, are entitled to a reserved share even when the will does not include them. For descendants and the spouse, the reserved share is half of the share they would have received by law.

Renouncing an inheritance and debts

An heir may renounce the inheritance by a statement before the court or a public notary, until the first-instance probate proceedings are concluded. An heir who accepts the inheritance is liable for the deceased's debts, but only up to the value of the inherited property.

Inheritance tax

Heirs of the first order are exempt from inheritance tax. For other heirs, the tax depends on the order of succession and the value of the property.

What to prepare

The death certificate, the will if there is one, evidence of the property (land registry extract, contracts, bank statements) and information about possible heirs. Well-organised documents shorten the proceedings considerably.

This guide provides general information on Serbian law and is not legal advice for a specific case.