How To Effortlessly Inherit Property in Serbia If Your Relative Died Abroad

How to inherit property in Serbia from an ancestor who died abroad without any difficulties (in only two steps)

Losing a beloved person always produces legal consequences for your rights. Overwhelmed by grief and memories, those legal issues are the last thing on your mind. And neglecting your own rights is a shortcut to their reduction or complete loss! Therefore, you must act.

In a sad moment, far from Serbia, it is not easy to take the right steps to protect your rights. However, things are not as complex as you probably think. There are solutions, and if you are not sure how to achieve them without further difficulties, then this text is for you!

What are the consequences that threaten you and why do you have to act, how to avoid legal issues and what exactly do you need to do – these are the questions that this text will answer.

So, what are the consequences?

Your ancestor’s property in Serbia, which belongs to you by law (or will), becomes “frozen” at the moment of his death. Whether it is real estate or money in the bank, you cannot dispose of them in any way until you have been declared an heir. This restriction can be particularly irritating if you are presented with an excellent business or investment opportunity that will be extended indefinitely, until the end of the probate process (and the prolongation will cause a loss for you!). That is why it is important to act on time.

How to avoid any difficulties?

The law offers a fortunate option, which is to hire an attorney. The plenipotentiary can be any person of legal age and civil capacity. Depending on the profession of the plenipotentiary, the form of the power of attorney will differ. Most importantly, when you hire a attorney, your presence is no longer necessary.

The first step

In the event of the death abroad of an ancestor who was a Serbian citizen at the time of death, the first step towards achieving your goal is to report the facts of the deceased person’s death to the competent registry office in Serbia. Under the condition that the death has not already been registered in the register of deaths, which is kept only in some diplomatic and consular missions. Documentation can vary depending on the municipality, and registration is completed in a very short time.

On the other hand, if your ancestor did not have Serbian citizenship at the time of his death, but owned property in Serbia, the first step is skipped.

The second step

After registering the fact of death in the register of deaths, the next step is the initiation of probate proceedings in which your legal (or testamentary) right to the property you will inherit will be determined. The competent register is obliged to submit to the court a certificate from the register of deaths within 30 days after the registration, on the basis of which the court itself initiates the procedure.

In the second case, the heir (or attorney) must submit a proposal to the court to initiate probate proceedings.

What is important to emphasize, in case you hired a proxy, is that the procedure can be carried out without your presence until the end! The procedure is carried out before the Notary Public appointed by the court, and the documentation may vary depending on the property to be inherited, the number of heirs or the practice of the notary’s office.

When determining the circle of property and the circle of heirs, the Notary Public issues a decision on inheritance. It is a targeted document that will “unfreeze” the property that belongs to you and that will make the legal consequences of losing a loved one completely predictable.

P.S. No one is ever prepared for the loss of a beloved person. Nevertheless, even then, it is necessary to take a rational step-out in order to prevent the reduction or loss of your property.

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