Practice area · Leskovac, Serbia
Inheritance in Serbia for heirs living abroad
When a relative who owned property in Serbia dies, the estate is settled in Serbia, even if the heirs live in another country. Living abroad does not prevent you from inheriting, and most steps can be taken through a lawyer without travelling to Serbia.
Inheritance (nasleđivanje) is one of the most common reasons people living abroad need a lawyer in Serbia. This page explains how the process works, what you can do from abroad and which documents are usually needed. Serbian terms are given in brackets, because you will find them on Serbian documents.
How an estate is settled in Serbia
The estate of a deceased person is settled in probate proceedings (ostavinski postupak). The proceedings are under the authority of the court, and in practice they are mostly conducted by a public notary (javni beležnik) acting as the court's commissioner. They usually start without anyone having to apply, once the court receives the death record, but heirs can also ask for them to be opened.
For real estate located in Serbia, the proceedings take place in Serbia, regardless of where the deceased or the heirs lived and which citizenship they held. The proceedings end with an inheritance decision (rešenje o nasleđivanju), which states who inherits what.
Who inherits
If the deceased left a valid will (testament), the estate is distributed according to the will, within the limits set by law. If there is no will, the law decides: first the children and the spouse, and if there are no children, the parents and the spouse, and so on through more distant relatives.
Close relatives who are left out of a will may be entitled to a reserved share (nužni deo), a part of the estate that the law protects even against the will of the deceased. Whether someone is entitled to it, and how large it is, depends on their relationship to the deceased.
Foreign citizens inherit in Serbia on the same terms as Serbian citizens, subject to reciprocity between Serbia and their country.
What you can do from abroad
You do not have to come to Serbia for the probate proceedings. A lawyer can represent you on the basis of a power of attorney (punomoćje), receive summonses and decisions on your behalf, give statements and keep you informed.
- A power of attorney signed abroad is usually certified at a Serbian embassy or consulate, or by a notary in your country with an apostille.
- Documents in a foreign language are translated into Serbian by a court interpreter (sudski tumač).
- A statement accepting or renouncing the inheritance (nasledna izjava) can also be given at a Serbian embassy or consulate.
A renunciation of inheritance cannot be withdrawn once it has been given, so it is worth understanding its consequences before signing it.
Common situations
The estate was never settled
A parent or grandparent died years ago, the probate proceedings were never completed, and the property is still registered in their name. This is common, especially with property in villages. Such an estate can still be settled, sometimes over two or more generations at once, but first it has to be established who all the heirs are and what the estate consists of.
Some heirs live in Serbia and some abroad
The heirs do not have to agree on everything for the proceedings to go ahead. If they agree on how to divide the estate, this can be recorded during the proceedings. If they do not, the disputed questions are resolved in separate court proceedings.
Property found after the proceedings
If property is discovered after the inheritance decision has been issued, for example a plot that nobody knew about, the decision is supplemented for that property; the whole proceedings do not have to be repeated.
You want to sell the inherited property
Inherited property can be sold once the inheritance decision is final. If there are several heirs, they become co-owners, and each of them can dispose of their own share, subject to the other co-owners' right of pre-emption. More on this: buying and selling real estate in Serbia.
After the inheritance decision
The inheritance decision is the basis for registering the heirs as owners in the Real Estate Cadastre (katastar nepokretnosti). It is sent to the cadastre by the authorities, but it is worth checking that the registration has actually been made, because until then the property cannot easily be sold or divided.
Whether inheritance tax is payable depends on how closely the heir was related to the deceased. Children and the spouse, as heirs of the first order, generally do not pay it.
Documents that are usually needed
- the death certificate (izvod iz matične knjige umrlih) of the deceased
- documents showing your relationship to the deceased, such as birth or marriage certificates
- the will, if there is one
- details of the property: title deeds, contracts, earlier inheritance decisions, bank or other records
- your passport or identity card
If you do not have all of these documents, that is not an obstacle to a first conversation. Many records can be obtained in Serbia on your behalf.
Frequently asked questions
Do I have to travel to Serbia?
In most cases, no. With a properly certified power of attorney, a lawyer can represent you throughout the proceedings. Your presence may be needed only for particular steps, and you will be told about this in advance.
I am not a Serbian citizen. Can I still inherit?
Yes. Foreign citizens inherit on the same terms as Serbian citizens, subject to reciprocity. Whether this raises any question in your case is checked at the start.
How long do the proceedings take?
It depends on the number of heirs, whether they agree, and how much of the documentation is available. Proceedings in which the heirs agree and the property is properly registered are usually completed sooner than those in which ownership first has to be established.
Related topics
Legal sources
- Law on Inheritance (Zakon o nasleđivanju)
- Law on Non-Contentious Proceedings (Zakon o vanparničnom postupku)
- Law on Public Notaries (Zakon o javnom beležništvu)
- Law on the Resolution of Conflicts of Laws with Regulations of Other Countries (Zakon o rešavanju sukoba zakona sa propisima drugih zemalja)
- Law on the Procedure for Registration in the Real Estate and Infrastructure Cadastre (Zakon o postupku upisa u katastar nepokretnosti i katastar infrastrukture)
- Law on Property Taxes (Zakon o porezima na imovinu)