How to Claim Your Property in Croatia: Inheritance and Legal Steps Explained
Do You Have Property in Croatia, But Can’t Get to It? Here’s How to Claim Your Property in Croatia
As generations pass, inheritance-related procedures are becoming more common throughout Croatia, especially in regions like Lika and the Dalmatian hinterland. Many successors living in Serbia now need legal assistance to claim property in Croatia.
Failure to Manage the Property – Someone Else Might Claim It
In Croatia, many people live in rural areas, away from larger cities. Often, these people pass away without a will, and they have no known heirs. Their property, which might include hectares of land, forests, meadows, or valuable property in prime locations, is left unattended.
Over time, neighbors or farmers may illegally occupy these lands. Forests are often cut down uncontrollably, and properties fall into disuse. The issue arises when others, who have been using the land without entitlement, gain legal ownership through adverse possession. This situation can cause serious problems for heirs who have failed to register their property, visit it, lease it, or use it from time to time.
Destroyed Records Can Complicate Inheritance
When a person passes away in Croatia, the inheritance process begins automatically. Up until ten years ago, the courts handled this, but now, notaries public manage the process. The notary works with documents from the court and acts as its agent to handle inheritance matters.
Successors are invited to participate in this process. However, problems arise when there are no records of the children in the registers, or if the information about the deceased has not been updated. The situation is even more complicated when records were destroyed during the war. These cases require professional legal help to resolve.
The Municipality Can Take Your Property if You’re Passive
In cases where a deceased person has no known successors, the court appoints a trustee. Ideally, the trustee would carefully review available records and contact potential heirs. In practice, however, this doesn’t always happen, and the property ends up being declared municipal property.
Once the property is deemed municipal, correcting the decision isn’t simple. To reclaim your property, you must file a lawsuit against the municipality where the property is located to amend the land registry.
Family Cooperatives as Owners of Property
When a deceased person is registered as the owner in the land registry, inheritance matters are easier to resolve. The real challenge arises when property ownership is unregistered or when land registry records are incomplete.
In many rural areas, land registry hasn’t been updated for decades. This was common in the past because updating the registry was expensive. In areas like Lika, family cooperatives still manage properties, despite being officially abolished in the 19th and 20th centuries.
This situation complicates inheritance, as it’s necessary to prove that the property has been used over time. This can only be done through litigation.
The Cadastral Register vs. Land Registry
The cadastral register often differs from the land register. The cadastral register lists the actual owner, while the land register lists the formal owner. In Croatia, only the land register is valid for proving property ownership.
For example, in Ogulin, land registry records are still problematic. Many buildings, especially those built in the 60s in Karlovac, are listed in the book of signed contracts, not the official land register. This data is not available online, unlike standard land registry information.
Since the process of harmonizing the cadastral and land registry status is still ongoing in Croatia, many properties are listed as social ownership, which requires legal proceedings to correct.
Start Legal Proceedings to Claim Your Inheritance
In Croatia, resolving inheritance issues through the court can take a long time. This is especially noticeable in Zadar, where the court covers the entire Dalmatian hinterland—an area with a large number of properties owned by heirs living in Serbia.
Taxes Don’t Prevent Property Acquisition in Croatia
You don’t need Croatian citizenship to inherit property in Croatia. However, there are taxes involved:
Property Transfer Tax: If you inherit real estate, you’ll pay a tax of 3% of the property’s value.
Other Property: If you inherit movable property or cash, the tax rate is 4%.
But don’t worry about property tax in Croatia – there is none. So, there’s no need to fear inheriting property, but it’s important to understand the legal process.
PS: Work with Experts to Avoid Mistakes
To avoid potential issues or losses when inheriting property in Croatia, it’s crucial to work with a legal expert who can guide you through the process, ensuring that your objectives are met without mistakes.
For more information on this or any other legal, tax, or business topic, feel free to write to us at [email protected] at any time or call us at phone number +381113281914 every working day from 08:30 to 16:30.