Why renunciation is no longer possible
Renunciation and assignment are made while the probate case is running. After it closes, you are an heir and the owner of your share. You can sell it or give it away, but you cannot undo the inheritance.
We hear this from heirs abroad who treated probate as a formality and only later decided that the house should go to the sibling who lives in it.
How the transfer works
- Check the registryIf you are not yet registered as owner on the basis of the inheritance decision, that comes first, then the gift. We can handle both one after the other.
- Power of attorneyA specific power of attorney for the gift agreement, certified at a consulate or a local notary with an apostille where required.
- Gift agreementWe draft it and agree it with the recipient. A contract on real estate is concluded before a Serbian public notary, who certifies it.
- Land registryThe new owner is registered in the cadastre. We follow the case until the decision is final.
- Tax returnsGift tax and property tax returns are filed for the new owner.
Who pays gift tax
Gift tax is paid by the person receiving the gift, and the amount depends on the family relationship. Children, spouses and parents are generally exempt. Siblings pay a lower rate than unrelated persons. The tax office sets the exact amount by decision.
Gift or sale
If your brother is paying you for the share, it is a sale, not a gift. Do not call it a gift in the contract if money changes hands. Apart from the tax issue, it causes trouble later in the family and at the bank, when the money has to reach your account abroad.
Frequently asked questions
Do I need to come to Serbia?
No. A lawyer signs the agreement on your behalf under a specific power of attorney. You receive the draft before signing and a copy after the notary certifies it.
Can I give away only part of my share?
Yes. You can give an ideal share, for example half of your part. The contract states it exactly, and it is registered that way.
Who pays the notary and registry costs?
That is for the parties to agree. In practice the recipient usually pays. Agree it in advance and write it into the contract.
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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