- A power of attorney is a different document from the statement itself, and consulates certify it routinely.
- It must expressly authorise the lawyer to accept the inheritance, or to renounce it if that is your decision.
- Certify one original only. Further certified copies can be made at a notary in Belgrade.
Why the consulate says no
Some consular officers want the statement to list exactly what is being inherited: a flat, part of a house, a bank account. When probate in Serbia has only just started, nobody knows that yet. The notary establishes the estate at the hearing.
So the notary waits for your statement and the consulate waits for a list of assets. Clients abroad have come to us with exactly this problem, most recently from Austria, and the way out was the same.
The way out: a power of attorney
Instead of the statement, you certify a power of attorney that authorises a lawyer to represent you in the probate case and to give the inheritance statement for you. It does not depend on the content of the estate, so consulates certify it without that objection.
If the consulate is far away, a local notary will do, usually with an apostille, unless Serbia and your country have an agreement that waives it.
- We draft itIn Serbian, sent by email. Check your name, date of birth and passport number.
- One certified originalAt the consulate or a local notary. You do not need several originals.
- Scan now, original by courierWe start with the scan. The notary needs the original, and we track the parcel.
- Translation if neededA power of attorney certified by a foreign notary is translated by a sworn translator in Serbia, including the apostille.
- Statement before the notaryWe register with the notary as your attorney, receive the summons and make the statement at the hearing.
If you want to renounce
A renunciation can be made while the probate case is pending at first instance, and the power of attorney must say so expressly. Tell us before we draft it.
Once the decision on inheritance is final, it is too late to renounce. Your share can then be transferred by a gift agreement, which is covered in a separate guide.
How to transfer your share after probateFrequently asked questions
Is a statement made by a lawyer just as valid?
Yes, as long as the power of attorney expressly authorises the lawyer to make it. That is why we draft the text ourselves, based on what you want: to accept, renounce or assign your share to a co-heir.
How long does certification at the consulate take?
It depends on the consulate. Some certify the same day, others have waiting lists of several weeks. Check their website first. If the wait is long, a local notary with an apostille may be quicker.
Can work start before the original arrives?
Partly. With a scan we can check the case with the notary and look at the land registry. For the statement itself, the notary needs the certified original.
I did not even know probate had started. What first?
We first check whether a case exists, which notary has it and at what stage. That usually takes one working day. Then you know whether there is still time for your statement.
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.
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