Inheritance in Serbia: Everything You Need to Know

Inheritance in Serbia follows clear but detailed legal rules. These can feel complex, especially for foreigners, expats, and others unfamiliar with Serbian law. If you are a legal heir, beneficiary, or someone planning your estate, this guide will help you protect your rights and avoid disputes.

This complete guide on inheritance in Serbia explains key topics in simple terms. You will learn about legal and testamentary succession, heirs’ rights, inheritance tax, probate procedures, and related contracts. Our goal is to help you understand Serbian inheritance law and make informed decisions.

Explore the Table of Contents below to find the sections that matter most to you.

• Introduction
• I) Legal Inheritance
• II) Inheritance Status of the Deceased’s Spouse
• III) Inheritance Status of the Deceased’s Parents
• IV) Necessary Heirs and Their Rights
• V) Inheritance Based on a Will
• VI) Invalid and Voidable Wills
• VII) Destruction, Loss, or Concealment of a Will
• VIII) Can a Will Be Revoked?
• IX) Contracts in Inheritance Law
• X) Acquisition and Statement of Inheritance
• XI) Heir’s Liability for Debts
• XII) Probate Proceedings
• XIII) Frequently Asked Questions (FAQ)

Introduction

🌍 Whether you live in the 🇺🇸 USA, 🇨🇦 Canada, 🇦🇺 Australia, 🇪🇺 Europe, or anywhere else, inheritance law in Serbia may affect you or your family.

📖 By reading on, you will gain clarity and practical guidance tailored for the 🌐 global Serbian community.

📌 Inheritance in Serbia happens in two ways — by law or through a will.

👨‍👩‍👧‍👦 Legal inheritance applies when no valid will exists. Descendants, spouses, parents, and other relatives inherit in strict order.

⚖️ The closer heirs always exclude more distant relatives from inheriting. Therefore, the law ensures fairness among family members.

🏛️ If no legal heirs exist, the Republic of Serbia inherits the estate. The state cannot refuse the inheritance.

👉 In this guide, you will learn how inheritance works, who qualifies as a legal heir, and how to protect your rights.

I) Legal Inheritance

📜 Inheritance in Serbia takes place in two ways — by law (legal inheritance) or through a will (testamentary inheritance). This section focuses on legal inheritance.

⚖️ Serbian legal inheritance follows the Law on Inheritance and the Law on Extra-Judicial Procedure. These laws define how property passes to heirs after someone’s death.

👤 The deceased (also called de cuius) is the person who has passed away. His or her property forms the estate, which heirs inherit.

👨‍👩‍👧‍👦 Who inherits the estate?

The law defines a strict order of heirs. Closer relatives always exclude more distant ones. The Republic of Serbia inherits only when no legal heirs exist.

🏠 First hereditary order

The first order includes the deceased’s children and spouse. They inherit equal parts.

👉 However, if the spouse has significantly more property than a child from another relationship, the court may allow each child to inherit up to twice the spouse’s share.

If a child cannot or does not want to inherit, his or her share passes to their children (the deceased’s grandchildren). This rule applies through generations as long as descendants exist.

When the deceased leaves no descendants, the spouse does not inherit in the first order but moves to the second.

🏠 Second hereditary order

The second order includes the spouse and parents of the deceased. The spouse receives half, while the parents share the other half equally.

👉 If the spouse does not inherit, the parents take everything.

If a parent cannot or will not inherit, their share passes to their descendants — the deceased’s siblings and their descendants.

If the parents have no descendants and do not inherit, the spouse receives the entire estate.

🏠 Third hereditary order

The third order includes grandparents and their descendants.

👵 The father’s parents inherit half, and the mother’s parents inherit the other half.

👉 If a grandparent does not inherit, their descendants (the deceased’s aunts, uncles, cousins) take their share.

If one side’s grandparents have no heirs, the other side inherits everything.

🏠 Fourth hereditary order

The fourth order includes great-grandparents.

The paternal great-grandparents inherit half. The maternal great-grandparents share the other half.

👉 If they cannot or will not inherit, their spouses or other ancestors of the same lineage inherit their share.

If none remain, the great-grandparents of the other lineage inherit all.

🇷🇸 Republic of Serbia as heir

If no relatives qualify, the Republic of Serbia inherits the estate. The state automatically gains ownership. It cannot refuse the inheritance.

✨ Summary: Legal inheritance in Serbia follows clear rules that prioritize family. Closer relatives always come first. The state inherits only as a last resort.

II) Inheritance Status of the Deceased’s Spouse

💍 The spouse plays an important role in inheritance in Serbia, but certain conditions can change or limit their rights. Let’s break it down.

❌ When does the spouse lose the right to inherit?

In some cases, the spouse loses the right of legal inheritance:

• ⚖️ If the deceased filed for divorce, and after death the court confirms the lawsuit was justified.
• ⚖️ If the marriage was annulled after the deceased’s death, due to reasons the spouse knew at the time of marriage.
• ⚖️ If the couple’s shared life ended permanently by the spouse’s fault or by mutual agreement before death.

➕ When can the spouse increase their share?

👩‍⚖️ If the spouse inherits together with heirs of the second hereditary order and lacks the means to live, they can act.

👉 The spouse may claim lifelong use (usufruct) of all or part of the estate within one year after death.

👉 If dividing the inheritance would leave everyone with too little, the spouse can request the entire estate as their property.

📝 The spouse and other heirs can agree to convert lifelong use into a life annuity.

⚖️ If circumstances change, the court can cancel the lifelong use or annuity at the heirs’ request.

➖ When can the spouse’s share be reduced?

When the spouse inherits with heirs of the second hereditary order, other heirs may act if:

📌 More than half of the deceased’s property was separate property.

📌 The shared life between the deceased and spouse was short.

👉 In this case, within one year after death, other heirs may request the court to reduce the spouse’s share to one-quarter of the estate.

✨ Summary: The deceased’s spouse has rights under Serbian inheritance law, but those rights can increase or decrease depending on the circumstances.

III) Inheritance Status of the Deceased’s Parents

👨‍👩‍👧 The deceased’s parents have inheritance rights under Serbian law. In certain cases, they can claim more than their usual share.

➕ When can parents increase their share?

👵 Just like the spouse, parents can act if they inherit together with the spouse and lack the means to live.

👉 Within one year of the deceased’s death, parents may request lifelong use (usufruct) of all or part of the estate.

👉 If dividing the inheritance would leave them in poverty, they can ask the court to give them the entire estate as their property.

⚖️ The court decides based on fairness and circumstances.

✨ Summary: Parents may secure greater protection under inheritance law in Serbia when they face financial hardship.

IV) Necessary Heirs and Their Rights

Can the Heritage Be Inherited Against the Will of the Deceased? — The Notion of Necessary Heirs

👨‍👩‍👧‍👦 Necessary heirs enjoy special protection under inheritance law in Serbia. These heirs have a guaranteed share of the estate, called the necessary part.

⚖️ Who qualifies as a necessary heir?

Necessary heirs include the deceased’s descendants, adoptees and their descendants, spouse, parents, adoptive parents, siblings, grandparents, and other ancestors.

👉 However, siblings, grandparents, and other ancestors qualify as necessary heirs only if they are unable to earn a living and lack basic means.

👉 A necessary heir must be an heir invited to inherit by the legal order.

💰 What is the necessary part?

The necessary part is the portion of inheritance the deceased cannot freely dispose of.

📌 Descendants, adoptees, their descendants, and the spouse have a necessary part equal to half of what they would inherit by law.

📌 Other necessary heirs receive one third of their legal share as the necessary part.

👉 If a necessary heir cannot or will not inherit, their necessary part does not go to others.

⚖️ How is the necessary part settled?

The estate first pays the deceased’s creditors. The necessary heirs come next, ahead of legatees (recipients of specific gifts).

👉 A necessary heir does not pay the deceased’s debts beyond the value of the necessary part.

👉 If the necessary part is injured — for example, by gifts or a will — the heir can demand compensation.

They may request the necessary part as money. However, the court may award specific items if the heir asks and the will allows it.

All testamentary heirs and legatees must cover the necessary part proportionally. If that’s not enough, the heir can claim back gifts.

⚠️ Deadlines apply:

• 3 years from will proclamation to claim against a will

• 3 years from death to claim against gifts

❌ When can the deceased exclude a necessary heir?

A will can exclude (disinherit) a necessary heir who seriously violated obligations toward the deceased.

🚫 Reasons include:

• Insulting or mistreating the deceased

• Committing crimes against the deceased or close family

• Living dishonestly or idly

👉 The will must clearly state exclusion and ideally include the reason.

👉 The person claiming exclusion must prove it.

In exclusion, the heir loses their inheritance as if they died before the deceased.

❌ When can the deceased deprive a necessary heir of their part?

A deceased may deprive a descendant of the necessary part by will if that descendant:

• Is heavily in debt

• Lives as a spendthrift

👉 In this case, the will leaves that share to the descendant’s child or grandchild, if they exist and are minors or unable to work.

✨ Summary: Serbian law protects necessary heirs, but wills can exclude or limit them under specific conditions.

V) Inheritance Based on a Will

📝 A will in Serbia is a personal, one-sided, and always revocable declaration. The testator uses it to distribute property after death.

👉 Anyone aged 15 or older, with the ability to reason, can make a valid will.

📌 Importantly, losing the ability to reason later does not affect the will’s validity.

⚖️ However, if circumstances that motivated the will change significantly, a court may invalidate parts of it. This happens only if the testator couldn’t update the will due to loss of reason.

👉 An interested person must request this within three years of the will’s proclamation.

📌 Requirements for a valid will

✅ The testator’s will must be serious, genuine, and made freely.

✅ The will must follow the form and conditions set by Serbian law.

💡 A court or notary will is recommended. These forms provide the greatest legal certainty and lowest risk of annulment.

👉 When urgent situations prevent this, other forms can still be valid if done correctly.

🖊️ Types of wills in Serbia

✍️ Personal will (holographic will)

A testator writes and signs this will entirely by hand.

👉 Adding the date is not required, but it’s recommended.

⚠️ The will must be handwritten. Typing it on a computer and only signing it makes it invalid.

👫 Written will in front of witnesses

The testator declares, in front of two witnesses, that the written document is their last will.

👉 The testator then signs the document by hand.

👉 The witnesses sign at the same time and should state their role.

📌 The will can be handwritten, typed, or drafted by someone else — what matters is the declaration before witnesses.

👨‍⚖️ Judicial will

A judge writes the will based on the testator’s words and confirms their identity.

• 👉 The testator reads and signs it, and the judge certifies this.
• 👉 If the testator cannot read, the judge reads it aloud in front of two witnesses. The testator declares it their will and signs or places a fingerprint.
• 👉 The witnesses and judge sign as well.

🌍 Consular will

A Serbian consular or diplomatic representative may create a will abroad.

👉 This follows the same rules as a judicial will.

🏛️ Keeping a will at court

The testator can deposit a personal, witnessed, or judicial will with the court.

👉 The court seals and records the will for safekeeping.

🌐 International Will

An international will is valid no matter where it is made or where the testator’s property is located.

👉 Citizenship, residence, or domicile do not affect its validity if it follows the international will form.

📄 The will must be in writing. The testator doesn’t have to write it by hand. It can be written in any language and in any form.

👨‍⚖️ Who can authorize an international will?

Several officials can assist in making an international will:

• A judge

• A Serbian consular or diplomatic representative

• A ship captain

• A troop commander or military elder

• A notary public

👉 In some cases, another person can act in the presence of these officials.

🖊️ How is an international will signed?

• 👉 The testator declares, before two witnesses and the authorized official, that the document is their will.
• 👉 The testator signs it in their presence or confirms an earlier signature.
• 👉 If the testator cannot sign, they must explain the reason. The official notes this.
• 👉 Another person may sign on behalf of the testator, if needed.
• 👉 Witnesses and the official sign at the same time, in the testator’s presence.
• 👉 Every page must be signed or properly marked.

📌 Date and certificate

• 👉 The authorized official records the date at the end of the will.
• 👉 When needed, an interpreter helps. They must meet witness requirements.
• 👉 The official issues a certificate in two copies. One stays with the official. The testator keeps the other as proof.
• 👉 This certificate proves the will’s formal validity unless someone proves otherwise.

🔄 Revocation and validity

An international will can be revoked like any other will.

👉 If it doesn’t meet international will standards but meets another form, it is valid as that other form.

✨ Summary: An international will provides flexibility for Serbians abroad. It ensures legal certainty, no matter where property is located.

🚢 Ship’s Will

A ship’s will can be made aboard a ship owned by the Republic of Serbia.

👉 The rules follow those for a court will.

👉 This will loses validity 30 days after the testator returns to Serbia.

🎖️ Military Will

During mobilization or war, military personnel may create a military will.

👉 A troop commander, military elder, or similar authority compiles the will following court will rules.

👉 This will stays valid:

• 60 days after the end of the war

• Or 30 days after demobilization, whichever applies

🗣️ Oral Will

In extreme cases, a testator may declare an oral will before three witnesses present at the same time.

• 👉 This applies when making a written will is impossible.
• 👉 The oral will expires 30 days after the exceptional circumstances end.
• 👉 Witnesses should write down the statement or repeat it before a court.

⚠️ However, this written record is not required for the oral will’s validity.

🖋️ Notarized Will

A notarized will is made before a public notary.

👉 It is prepared as a formal notarial record, ensuring legal certainty.

👁️ Testamentary Witnesses

Testamentary witnesses play a key role in ensuring a will is valid in Serbia.

✅ Who qualifies as a testamentary witness?

• 👉 A testamentary witness must be literate, of legal age, and have full legal capacity.
• 👉 For oral wills, witnesses do not have to be literate.
• 👉 Witnesses of an international will or written will before witnesses must know the language in which the testator declares the will.
• 👉 Witnesses of oral and judicial wills must know the language in which the will is made.

❌ Who cannot serve as a testamentary witness?

⚠️ A witness cannot be:

• A direct blood relative of the testator

• A collateral relative up to the fourth degree

• An in-law up to the second degree

• A relative by adoption

• A spouse or ex-spouse

• An extramarital or former extramarital partner

• A guardian, former guardian, ward, or former ward

👉 These restrictions do not apply to oral wills.

✨ Summary: Testamentary witnesses must be independent, capable, and, in most cases, familiar with the will’s language to ensure legal validity.

VI) Invalid and Voidable Wills

⚖️ A will in Serbia must follow strict legal rules. If it doesn’t, the will may be null and void or voidable. Let’s explore what this means.

❌ Null and void wills

A will is null and void (meaning it never had legal effect) in these cases:

1️⃣ Its content violates Serbian law, public order, or good morals.

2️⃣ The testator was under 15 or entirely without legal capacity (unable to reason).

3️⃣ The will was falsified.

👉 The court treats such wills as if they were never made.

⚠️ Partial nullity of a will

Sometimes, only part of the will is invalid.

👉 The valid parts remain in force if they can stand alone and the invalid part wasn’t the main reason the will was made.

👉 The court examines whether the will can survive without the null provision.

📝 Which provisions are always null?

Several types of provisions automatically have no legal effect. For example:

• 🚫 Provisions that stop heirs from selling or dividing what they inherited (so-called “dead hand” clauses).
• 🚫 Provisions naming heirs of heirs or future recipients.
• 🚫 Clauses leaving assets to people involved in preparing the will — such as judges, notaries, or witnesses — or to their close family members.

👉 This applies to all will types: judicial, consular, international, military, ship, notarial, written before witnesses, or oral.

🏛️ How nullity is handled

• 👉 The court monitors nullity on its own (ex officio).
• 👉 Any interested person can point it out.
• 👉 There is no time limit to claim nullity, unless it interferes with property acquired in good faith or similar legal protections.
• 👉 A null and void will is treated as if it never existed.

⚠️ Voidable wills

A will is voidable (meaning it can be annulled by a court) if:

1️⃣ The testator couldn’t reason when making it (for example, due to illness).

2️⃣ The testator acted under coercion, threats, fraud, or a serious mistake.

3️⃣ The will failed to follow legal form and conditions set by law.

👉 In these cases, only a person with legal interest can seek annulment.

👉 A single voidable clause does not make the whole will invalid if the remaining parts can stand alone.

⏳ Deadlines for challenging a voidable will

You must act within these deadlines:

• 📌 1 year from discovering the problem (subjective deadline).
• 📌 10 years from the will’s proclamation (objective deadline).
• 📌 20 years if challenging a will that benefits someone unscrupulous.

👉 The subjective one-year deadline starts only after the will is declared.

👉 The court does not check voidability by itself. Someone must file a legal challenge.

✨ Summary: Serbian law protects rightful heirs by ensuring wills follow strict rules. Courts can declare wills invalid on their own if they’re null and void. However, voidable wills require action from those harmed.

VII) Destruction, Loss, or Concealment of a Will

📄 What happens if someone destroys, loses, or conceals a will?

👉 Serbian law actively protects the testator’s intentions, even when someone destroys, loses, or hides a will.

👉 A will continues to produce legal effects if someone destroyed, lost, or concealed it after the testator’s death — or before death without the testator’s knowledge or consent.

⚖️ When does a missing will remain valid?

👉 The missing will is treated as valid if certain conditions are met. The person concerned (usually an heir or other interested party) must prove:

• ✅ The will existed.
• ✅ The will was destroyed, lost, or hidden without the testator’s knowledge or against their wishes.
• ✅ The will was made in the form prescribed by Serbian law.
• ✅ The content of the will.

📝 Why proof matters

• 👉 The burden of proof lies with the person claiming the will’s existence and content.
• 👉 They must convince the court that the will reflects the true intentions of the deceased.
• 👉 Without such proof, the will is treated as if it never existed, and the estate is distributed under legal inheritance rules or any other valid will.

✨ Summary: In Serbia, a destroyed, lost, or concealed will may still guide inheritance — but only if someone proves its existence, validity, and content.

VIII) Can a Will Be Revoked?

🖊️ Yes — the testator can revoke a will at any time, either in full or in part.

👉 The testator simply gives a statement in any form that is valid for making a will.

👉 The testator can revoke a written will by destroying the document. This act alone cancels the will.

🔄 How do earlier and later wills interact?

👉 If the testator does not clearly revoke an earlier will, that earlier will stays in force — but only where it does not contradict the newer will.

👉 If the testator destroys a later will, the earlier will automatically takes effect again — unless the circumstances show that this was not the testator’s intention.

✨ Summary: Serbian law allows a testator to revoke a will easily, whether by making a new one or by destroying the old one.

IX) Contracts in Inheritance Law

Serbian law allows certain contracts related to inheritance, while it strictly forbids others.

❌ Null and Void Contracts

Serbian law considers these contracts null and void. They produce no legal effect and are treated as if they never existed:

• Inheritance contract: Someone attempts to bequeath their property to another party or a third party by contract.

• Contract of future inheritance or delivery: Someone disposes of expected future inheritance or inheritance of a living third party.

• Contract on the content of a will: Someone promises to include or exclude specific will provisions, or to revoke or not revoke parts of a will.

Such contracts cannot be enforced through the courts.

✅ Permitted Contracts

Two types of contracts are allowed under inheritance law:

• Contract on the assignment and distribution of property for life

• Lifetime support contract

📜 Contract on the Assignment and Distribution of Property for Life

This contract can exist only between an ancestor and their descendants. The spouse may join if they agree and then has the same position as the descendants.

It transfers and distributes property during the ancestor’s lifetime. All descendants entitled to inherit must consent. If one descendant doesn’t consent but later dies without heirs, renounces inheritance, or is unworthy, the contract stays valid. When a non-consenting descendant’s share is transferred, it is treated as a gift.

The contract must be notarized. The notary warns the parties that the assigned property leaves the estate and necessary heirs cannot claim it later. If the notary fails to include this warning, the contract is void.

This contract covers only property existing at the time of signing. Any attempt to include future property is invalid. When the assignor dies, their inheritance includes only property not covered by the contract and assets acquired later.

The assignor may keep certain rights — like usufruct, life annuity, or support — for themselves or their spouse. If agreed, these rights continue for the surviving spouse. When the spouse is not included, their right to the necessary hereditary part stays intact, and distributed property counts as a gift to descendants.

Descendants receiving property are not responsible for the assignor’s debts unless stated otherwise. However, creditors can challenge the contract under the rules for refuting free dispositions.

The assignor may revoke the contract and demand return of property if a descendant shows gross ingratitude or fails to provide agreed support or settle debts. In other cases, the court decides whether return or forced performance is appropriate.

🤝 Lifetime Support Contract

This contract obliges the provider to care for the recipient in exchange for inheriting specific property after the recipient’s death.

The contract includes housing, food, clothing, medical care, and burial unless otherwise agreed. It applies only to property or rights existing when the contract was signed.

The contract must be notarized. The notary warns that this property leaves the inheritance and necessary heirs cannot settle from it. Without this warning, the contract is void.

If a professional caregiver (e.g., medical staff or an institution) is the provider, the contract requires prior consent from the guardianship authority.

⛔ Termination of Lifetime Support Contract

Termination may occur due to:

• Disturbed relations: If relations become unbearable, either party can ask the court to terminate the contract. The recipient must compensate for received support unless the provider caused the breakdown.

• Changed circumstances: If fulfilling the contract becomes much harder, either party can ask the court to modify or end it. The court may turn support into a life annuity if both parties agree.

❗ Annulment of Lifetime Support Contract

Legal heirs can seek annulment if the contract posed no risk for the provider due to the recipient’s age or illness. They must act within one year of learning of the contract, and no later than three years from the recipient’s death.

🏛️ What if the Support Recipient Outlives the Provider?

The provider’s spouse or heirs can take over the contract obligations if they agree.

If they do not agree, the contract ends. They cannot demand compensation for support already given.

If unable to take over, they may ask the court for fair compensation. The court decides based on circumstances and the financial situation of the recipient.

✨ Summary: Contracts in Serbian inheritance law come with strict rules. Only specific contract types are allowed, and they must meet detailed legal requirements to protect all parties involved.

X) Acquisition and Statement of Inheritance

Serbian law transfers inheritance automatically to heirs at the moment of the deceased’s death. At the same time, heirs gain the right to renounce the inheritance. This right never expires, unless specific rules on maintenance, acquisition from non-owners, or claim obsolescence apply.

✋ Renunciation of Inheritance

👉 Heirs can renounce the inheritance by submitting a formal statement before a public notary or court, but only before the end of the first-instance probate procedure. The heir renounces in their own name only.

This renunciation counts as if the heir never existed for inheritance purposes. Any renunciation given with conditions or deadlines is invalid. The renunciation must cover the full inheritance share and is irrevocable.

👉 If coercion, threats, fraud, or delusion led to the renunciation, the heir can ask the court to annul it. An heir cannot renounce an inheritance they have already accepted by action or declaration.

If an heir renounces in favor of another heir, the law treats this as acceptance with immediate assignment. The assigned share counts as a gift between the assignor and recipient.

A renunciation made before inheritance opens is void. If an heir dies before the probate ends and did not renounce, their right passes to their heirs.

✅ Acceptance of Inheritance

An heir accepts inheritance explicitly or tacitly. Tacit acceptance occurs when the heir fails to renounce before the end of the first-instance probate procedure or disposes of any part of the inheritance.

📌 Actions taken only to protect or manage the inheritance do not count as acceptance.

Explicit acceptance happens through a formal inheritance statement. The statement must be unconditional and without deadlines — the law ignores any condition or time limit.

Acceptance must be complete and is irrevocable. If the heir accepted because of coercion, threats, fraud, or delusion, they can request annulment.

📝 Form of Inheritance Statement

The law requires that an inheritance statement:

• Be signed by the heir or their legal representative.

• Include a signature certified by a public notary (or on any power of attorney used).

• Clearly state the basis for inheritance — whether by law, will, or necessary hereditary part.

• Be submitted before a probate court, another competent court, or a consular/diplomatic representative of Serbia with consular duties.

✨ Summary: Inheritance in Serbia passes automatically by law, but heirs must follow strict procedures if they want to renounce or accept it properly. The law safeguards fairness and clarity in every case.

XI) Heir’s Liability for Debts

Serbian law holds heirs responsible for the deceased’s debts — but only up to the value of the inherited property.

👉 If an heir renounces the inheritance, they bear no liability for the deceased’s debts.

When multiple heirs exist, they share joint and several liability for the deceased’s debts. Each heir remains responsible up to the value of their inheritance portion, whether or not the estate has been divided.

📌 The same rule applies when heirs inherit through a will. Unless the testament says otherwise, debts are split in proportion to each heir’s share.

✨ Summary: In Serbia, heirs never assume more debt than the value of what they inherit. Renouncing inheritance shields them entirely from liability.

XII) Probate Proceedings

The probate procedure in Serbia identifies the deceased, their heirs, the inherited property, and the deceased’s debts.

👉 The court automatically (ex officio) starts the probate process once it learns of a person’s death within its jurisdiction. Usually, the court receives a death certificate from the registrar — a public document that proves the death.

📌 Interested persons, heirs, or creditors can also submit evidence of death to the court. This triggers the court to begin probate proceedings ex officio.

The registrar records the death in the official register and must send an excerpt from this register to the court within 30 days. After that, the court issues a decision appointing a public notary. The notary must compile the death certificate and submit it back to the court within another 30 days.

Upon the notary’s request, the deceased’s relatives provide key information. They report on the deceased’s identity, property, and possible heirs.

✨ Summary: Serbia’s probate process ensures that inheritance matters start promptly and follow clear legal steps to identify heirs, property, and debts.

📜 Procedure in Case of a Will

When compiling the death certificate, the public notary checks if the deceased left a written or oral will. If a will exists, the notary submits it to the court along with the death certificate.

👉 Once the court confirms that the testator has died or been declared dead, it opens the will without damaging the seal. The court reads the will and makes an official record of the proclamation. This happens whether the will is legally valid or not, and whether there is one will or several.

📌 The court opens and reads the will in the presence of two adult citizens, who may also be heirs. Heirs, legatees, and other interested persons can attend and request a transcript of the will.

The court creates a written record of the proclamation. If it notices a damaged seal, erasures, cross-outs, corrections, or anything suspicious, this must be recorded in the minutes. The recorder and witnesses sign these minutes. The court confirms the proclamation on the will itself, noting the date and details of any other discovered wills.

If the deceased left an oral will and witnesses documented it, the court declares that document’s content as it would a written will. If no document exists, the court hears the witnesses separately about the will’s content and the circumstances that affect its validity. It records this hearing according to the rules for written wills.

If a written will has disappeared or been destroyed without the deceased’s knowledge or consent — and no one disputes its existence, form, disappearance, or content — the court hears all interested parties. The court organizes evidence as needed and records the facts.

📌 If the Republic of Serbia would inherit in the absence of a will, the interested parties’ agreement about the will’s existence, form, and content requires approval from the public attorney. If any interested party cannot manage their own affairs, the guardianship authority must approve the agreement.

✨ Summary: Serbian probate courts follow detailed procedures to ensure that wills are opened, read, and proclaimed transparently, safeguarding the rights of all involved.

⚖️ Proceedings of the Probate Court Upon Receipt of the Death Certificate

After receiving the death certificate, the probate court first determines if Serbian law applies to the inheritance. If so, the court usually assigns the probate procedure to a public notary — typically the same notary who compiled the death certificate — unless specific obstacles prevent this.

👉 This is the most common practice in Serbia. Therefore, it helps to understand how notary fees work in probate cases.

The public notary’s fee follows the Tariff of the Public Notary as Court Commissioner in the Probate Procedure. The fee is fixed: 3 points per party involved. Each point equals 150 dinars (VAT not included).

📌 The notary receives one unified award for handling the full probate procedure. The inheritance value determines this award. The value is based on the market worth of property and rights minus the deceased’s debts.

👉 The notary usually assesses the inheritance value. In exceptional cases — for example, if heirs are unknown, underage, incapacitated, or if the Republic of Serbia would inherit — the court steps in to assess.

📊 Notary Fee Table

If inheritance value exceeds 10,000,000 dinars, the award increases by 20 points for each additional 1,000,000 dinars — up to 400 points maximum.

📌 If more than three parties participate, the award rises by 10 points for each extra party beyond the third, capped at a 50% increase from the calculated fee.

✨ Summary: The Serbian probate court ensures the process follows clear steps. Public notary fees depend on inheritance value and the number of parties involved.

⚠️ What Happens When There Is No Property Left Behind the Deceased?

When a person dies without leaving any property, the probate court suspends the probate proceedings.

👉 If the deceased left only movable property, the court still suspends proceedings — but only if no invited heir requests a probate hearing.

📌 This ensures that unnecessary procedures do not proceed when no assets exist for distribution.

✨ Summary: Serbian law prevents unnecessary probate in cases where no property or only minimal movable property remains, saving time and resources for all involved.

📣 Invitation of Interested Persons to Probate Hearing

The probate court schedules a hearing to clarify all inheritance matters and invites all interested persons to participate.

👉 Serbian law strictly defines the content of these invitations. If heirs are unknown, the court issues a public call. The announcement appears on the court’s notice board, in the Official Gazette of the Republic of Serbia, and in other ways if needed. Interested individuals must apply to the court within one year of the announcement.

📌 The court uses the same process if a temporary guardian represents an heir whose location is unknown, or when an heir or their legal representative is abroad without a Serbian proxy.

If no rightful heirs appear within the deadline, the court proceeds based on the guardian’s statement and available data.

During the probate procedure, the court discusses inheritance rights, the size of inheritance shares, and any legacy rights. The court collects necessary statements from interested persons and makes decisions even if some invitees do not attend, provided they were properly summoned.

👉 The court bases decisions on written statements received before the ruling. Interested parties may give statements without other parties present, and no one has to comment on others’ statements.

📌 If the court doubts whether a claimant is the closest relative, it seeks out others who might have an equal or stronger claim and invites them publicly, as described above.

⛔ Termination of the Probate Proceedings and Referral to Litigation

The probate court suspends the proceedings if parties dispute key facts that affect their rights.

👉 The court refers parties to litigation or administrative proceedings in disputes about:

• the right to inherit

• the validity or content of a will

• the relationship between the deceased and the heir

• whether the heir inherits under the law

• rights of the surviving spouse or descendants regarding household items

• the size of inheritance shares

• whether necessary heirs were rightfully excluded

• reasons for an heir’s unworthiness

• whether someone renounced the inheritance

📌 When there’s no factual dispute but only a disagreement about the law’s application, the probate court continues and resolves legal questions within probate proceedings.

However, if heirs dispute both facts and legal application, the court must suspend the proceedings. It refers parties to litigation, particularly in cases where:

• heirs dispute what property is part of the inheritance

• heirs dispute descendants’ claims to a portion of the property reflecting their contributions

✨ Summary: Serbian probate courts stop proceedings and direct parties to litigation if inheritance rights depend on disputed facts or law.

🏛️ Inheritance Decision

Once the court determines who has the right to inherit, it issues an inheritance decision.

👉 The decision names the heirs and specifies their shares. If heirs agree on the division, the court includes this agreement in the decision.

📌 The court delivers the decision to all heirs, legatees, and anyone who filed a claim during the probate process. These individuals have the right to appeal unless they waived this right at the hearing.

Finally, the court submits the final inheritance decision to the competent administrative authority for registration or further action.

🔍 Inheritance Claims After the Decision Becomes Final

Even after the inheritance decision becomes final, certain situations may require additional court actions:

👉 1️⃣ Newly discovered property
If new property belonging to the deceased is found, the court issues a new decision to distribute it. The court holds a new probate hearing only if the property consists of real estate. For movable property, the court acts only if an interested party requests it.

📌 If a previously renouncing heir might now inherit newly found property, the court summons them to give a statement. If they accept, the court treats them like a newly appeared heir.

👉 2️⃣ Newly discovered will
If someone finds a will after the inheritance decision is final, the court proclaims the will and keeps a transcript. However, it does not reopen probate. Instead, it informs interested persons that they must assert their rights through litigation.

👉 3️⃣ Appearance of a new heir
If a new heir surfaces, the probate court does not reopen the case. The new heir must pursue their rights in civil court.

✨ Summary: Serbian law ensures flexibility for newly found property, wills, or heirs while protecting final probate decisions through proper legal channels.

XIII) Frequently Asked Questions (FAQ)

Can foreigners inherit property in Serbia?

Yes, foreigners can inherit property in Serbia. However, restrictions may apply, especially for agricultural land. The right to inherit depends on reciprocity between Serbia and the heir’s country of citizenship.

How much is inheritance tax in Serbia?

Inheritance tax is usually 1.5% for first-order heirs, such as children and spouses. Other heirs may face higher rates, though close relatives often benefit from exemptions.

What happens if there is no will in Serbia?

When there is no will, inheritance follows legal succession rules. The estate passes to heirs based on hereditary orders, starting with descendants and the spouse.

How do I contest a will in Serbia?

You can contest a will by filing a court claim. Common reasons include coercion, fraud, improper form, or lack of legal capacity. The deadline is usually one year from the will’s proclamation.

Who qualifies as a necessary heir in Serbia?

Necessary heirs include descendants, adoptees, spouses, parents, and adoptive parents. Some other relatives may qualify if they are permanently unable to earn a living and lack means of support.

What is the probate process in Serbia?

The probate process determines heirs, settles debts, and distributes the estate. The court or public notary initiates it automatically after receiving the death certificate.

Can a will be revoked in Serbia?

Yes, a testator can revoke a will at any time. This can happen through a new will, an official statement, or by destroying the original document.

✅ Ready to Resolve Your Inheritance Matters Quickly and Safely?

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