- Most of these matters can be handled under a power of attorney, without you coming to Serbia.
- The power of attorney is certified at a Serbian consulate or a local notary, with an apostille where required.
- Most time is lost on missing papers, not on the procedure itself.
Example 1: A flat after a parent's death, heirs in Germany and Austria
Illustrative example, not a real client. Names and details are made up to show how a typical case goes.
A brother lives in Munich, a sister in Vienna. Their mother died in Belgrade and left a flat. Neither can come to the hearing, and they don't know whether probate has started.
First we check whether a case exists at the court and with the notary, then the flat in the land registry. Each heir signs a power of attorney at a consulate or a notary with an apostille. A lawyer represents them at the hearing, and after the final decision the ownership is registered.
Where it gets stuck: the flat is still registered to the father who died earlier, so that older estate has to be settled first. Another common issue is a wrong address for the heirs in the death record.
Example 2: Selling a flat in Belgrade from abroad
Illustrative example, not a real client. Names and details are made up to show how a typical case goes.
The owner lives in Sweden and wants to sell a flat in Belgrade. She has a buyer through an agency but can't come for the signing.
Before signing, the title, encumbrances and registration are checked. She gives a special power of attorney for the sale, certified at a consulate or a notary with an apostille. The contract is signed before a public notary in Serbia, and the money normally goes to the seller's bank account, not in cash.
Where it gets stuck: a power of attorney that is too general or doesn't describe the flat and the powers precisely, so the notary won't accept it. That is why the text is prepared in advance. Transfer tax and capital gains should be checked before the price is agreed.
Example 3: A Serbian company doesn't pay its invoices
Illustrative example, not a real client. Names and details are made up to show how a typical case goes.
A business owner from Switzerland delivered goods to a company in Novi Sad. The invoices have been unpaid for six months and the debtor doesn't reply.
First we check the debtor in the business register and whether its account is blocked. Then a final demand. If there is an authentic document, such as an invoice, a motion for enforcement is filed. The debtor can object within 8 days, and the matter then continues as a lawsuit.
Where it gets stuck: no signed contract and no proof of delivery, only emails. Or a debtor already blocked, so you join the queue and look for other assets in parallel.
Example 4: An inherited house without a building permit
Illustrative example, not a real client. Names and details are made up to show how a typical case goes.
A son living in Canada inherited a house near Belgrade. His father added a floor without a permit. Now he wants to sell, and the buyer wants clean papers.
We check what is registered and whether a legalisation procedure was started. If it was, we follow it and complete the file. If not, we check whether the building can be legalised under the current rules at all.
Where it gets stuck: a house with an unlegalised part is hard to sell, and banks often won't lend to buyers. Legalisation takes time, so the sale is planned around it.
Example 5: Dividing property after a divorce, one spouse abroad
Illustrative example, not a real client. Names and details are made up to show how a typical case goes.
A couple divorced in Germany. She lives there, he lives in Belgrade. During the marriage they bought a flat in Belgrade registered only in his name.
The foreign divorce judgment has to be recognised in Serbia to have effect here. Then the joint property and the shares are established. An agreement certified by a notary is the fastest route. Without one, it goes to court.
Where it gets stuck: a flat registered to one spouse is not automatically only his. What counts is when it was bought and with whose money. Every German document needs an apostille and a sworn translation.
Frequently asked questions
Are these real clients?
No. These are illustrative examples. The people and details are made up, but the steps and problems are the ones we see in practice.
Do I have to come to Serbia?
In most of these matters, no. A power of attorney certified at a consulate or a notary where you live, with an apostille where required, is enough.
What does it cost?
Fees follow the Serbian Attorney Tariff and you get them in a written offer before any work starts.
Can you guarantee the result?
No. The court, the notary or the authority decides. Our job is to make the file complete and move it without losing time.
This guide provides general information and is not legal advice for your specific case. Send us your question for an assessment.
Attorney at law in Belgrade since 2012 and founder of Bogićević & Partners. The office is at Patrijarha Varnave 30, Belgrade; we work in Serbian, English, Russian and Italian.
More about the author