Inheriting property in Serbia when you live abroad

How probate works in Serbia

Inheritance proceedings (ostavinski postupak) are opened at the court of the deceased's last residence in Serbia. If the deceased lived abroad but left property in Serbia, the court where the property is located is usually competent. In most cases the court entrusts the case to a public notary.

The notary establishes the assets and the heirs, invites the heirs to state whether they accept the inheritance, and issues a decision on inheritance (rešenje o nasleđivanju). That decision is the basis for registering the property in the heirs' names.

If there is no will, the law sets the order of heirs. The children and the spouse inherit first. Close relatives have a right to a forced share even if a will leaves them out.

Acting from abroad through a power of attorney

You do not need to attend the hearing. You can sign a power of attorney at a Serbian embassy or consulate, or before a notary where you live. A document certified by a foreign notary usually needs an apostille, unless an agreement between Serbia and that country waives it.

The power of attorney should state clearly that it covers the inheritance proceedings, inheritance statements, registration in the cadastre and, if planned, the sale of the property. Statements such as renouncing an inheritance need a specific authorization.

When heirs live in different countries, each signs a separate power of attorney and the case still runs as one.

• Receive the exact text of the power of attorney from your lawyer
• Sign it at a Serbian consulate or before a local notary
• Obtain an apostille where required
• Send the original to the lawyer in Serbia

Documents to prepare

Serbian civil registry extracts, such as birth and death records, can often be obtained in Serbia by your lawyer. Documents issued abroad, such as a foreign death or marriage certificate, usually need an apostille and a certified Serbian translation by a court interpreter.

• Death certificate of the deceased
• Proof of family relationship, such as birth and marriage certificates
• Details of the property, such as the address or cadastre data
• The will, if one exists
• Names and addresses of other possible heirs
• Information on bank accounts or other assets of the deceased

After the decision: registration, tax and sale

Once the decision on inheritance is final, the property is registered in the cadastre in the heirs' names. Older properties are sometimes not properly recorded, and in that case the registration may need additional steps.

Heirs of the first order of succession, such as children and the spouse, are exempt from inheritance tax. Other heirs pay tax at rates set by law.

After registration you can keep the property, rent it out or sell it. A sale can also be done from abroad under a specific power of attorney, with the price paid to an account in Serbia or abroad.

When heirs disagree, and common mistakes

If the heirs dispute facts that matter for the inheritance, such as the validity of a will or whether an asset belonged to the deceased, the notary returns the case to the court, which refers the dispute to civil litigation. The probate continues once the dispute is resolved.

• Waiting for years, while documents become harder to obtain
• Signing a general power of attorney that does not cover inheritance statements
• Renouncing an inheritance without understanding that renunciation cannot be withdrawn
• Assuming that a foreign will or foreign probate decision applies automatically in Serbia
• Selling or renting the property informally before probate is complete

When to involve a lawyer

A lawyer is useful whenever heirs live abroad, there are several heirs, the property is not properly registered, or the deceased was a foreign citizen, which raises questions of applicable law. Our office represents you in the probate, registers the property in your name and, if heirs disagree, represents you in court.

Frequently asked questions