Inheritance Lawyer in Serbia | Bogićević & Partners

How probate works in Serbia

Probate is opened at the court of the deceased's last residence in Serbia, or where the property is. The court usually entrusts the case to a public notary.

The notary establishes the assets and the heirs and issues a decision on inheritance. Heirs then register their ownership in the cadastre on the basis of that decision.

Who inherits

If there is no will, the law sets the order of heirs. The children and the spouse of the deceased inherit first. If there are none, the parents and their descendants inherit, and so on.

Close relatives have a right to a forced share even if the will leaves them out.

Statutory heirs by order of succession
Heirs under a will
Forced heirs (nužni naslednici)
Heirs who renounce the inheritance

Wills

Serbian law recognises several forms of will, including a handwritten will, a will signed before two witnesses, a will made at court or before a notary, and an international will. We draft wills and advise on how to make them hard to challenge.

Heirs living abroad

Foreign citizens inherit in Serbia on the basis of reciprocity. Serbian citizens abroad inherit under the same rules as those living in Serbia.

You can give us a power of attorney at a Serbian consulate or at a local notary with an apostille. We then handle the probate, the cadastre and the tax filing.

How we handle it

ConsultationWe review the family situation, the assets and any will.
Documents and power of attorneyWe tell you which certificates are needed and how to certify the power of attorney abroad.
ProbateWe start or join the probate proceedings and represent you before the notary or court.
Decision on inheritanceWe obtain the final decision and check that it correctly lists the assets and shares.
Registration and taxWe register the property in the cadastre and file the inheritance tax return where required.

What to send us

Death certificate
Birth certificates of the heirs
Marriage certificate of the spouse, if any
Will, if there is one
Cadastre extract or address of the property
Bank account details of the deceased, if known
Power of attorney for our office

Frequently asked questions

How do I inherit property in Serbia if I live abroad?

You can give a power of attorney to a Serbian lawyer at a consulate or at a local notary with an apostille. The lawyer represents you in probate and registers the property in your name.

Who conducts probate in Serbia?

Probate is a court procedure, but in most cases the court entrusts it to a public notary. The result is a decision on inheritance.

Who inherits if there is no will?

The children and the spouse inherit first, in equal shares. If there are no children, the spouse and the parents of the deceased inherit.

Can a foreign citizen inherit property in Serbia?

Yes, on the basis of reciprocity with the heir's country. For most countries reciprocity exists, and we check it in each case.

Do I have to pay inheritance tax in Serbia?

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, and the return is filed after the decision on inheritance.

Can I renounce an inheritance in Serbia?

Yes, by a statement given to the court or notary before the probate decision. A renunciation can be given from abroad under a specially certified power of attorney.

What if an heir is left out of the will?

Close relatives have a right to a forced share. They can claim it in probate or in a separate lawsuit within the deadlines set by law.

How are your fees set?

Fees follow the Serbian Attorney Tariff. You receive a written offer before work starts. Notary fees are paid separately.

Inheritance in Serbia