Probate proceedings
What is probate proceedings?
The probate procedure in the Republic of Serbia is a legally regulated legal process that determines the heirs of a deceased person and distributes the decedent's property. The procedure is carried out before the competent court or through a public notary (notary) as a trustee of the court.
When is probate proceedings initiated?
Probate proceedings are initiated ex officio as soon as the court learns that a person has died or has been declared dead. However, if the court does not initiate probate proceedings ex officio for any reason, the heirs themselves can do so. Heirs do the above by submitting a request to initiate probate proceedings.
Have a question about inheritance? You can get legal help!
Inheritance and probate proceedings in Serbia can be complicated, especially when it comes to the rights of the heirs, the distribution of property or the deadlines in the procedure. Our team of expert probate attorneys can handle the entire process and protect your rights.
Contact us and check your rightWho has the right to inheritance?
In the Republic of Serbia, heirs are divided into:
- Legal heirs (spouse, children, grandchildren, parents, all in accordance with the legal lines of succession);
- Testamentary heirs, if the testator made a valid will.
If a will exists, the validity of the will is first checked, and then a decision is made in accordance with the content of the will. This will be done if the will does not violate the rights of the legal heirs (eg the right to a necessary share).
Who are the legal heirs?
The Law on Inheritance divides the decedent's heirs into lines of succession depending on the closeness of their kinship with the decedent. The law stipulates that inheritance is by line of succession, and that heirs from the closest line of succession exclude from inheritance the heirs of a further line of succession.
First line of succession:
The first line of succession consists of the testator's descendants and his spouse. The testator's children and spouse inherit equally. It is important to note that if the testator has no offspring, the spouse cannot be an heir from the first line of succession, but inherits as an heir from the second line of succession.
Second line of succession:
The second line of succession consists of the testator's spouse and the testator's parents and their offspring. The testator's spouse inherits half of the inheritance, and the other half is inherited equally by the testator's parents. If the decedent's spouse cannot or will not inherit, the decedent's parents inherit the estate in equal parts.
In this situation, it is important to note that if the testator's parent cannot or will not inherit, his share is inherited equally by his children (siblings of the testator), his grandchildren and great-grandchildren and his further descendants.
If none of the decedent's parents can or will not inherit in the second line of succession, the decedent's spouse belongs to the entire inheritance.
Other hereditary lines:
The Inheritance Law also defines the third, fourth, and other lines of succession. However, these hereditary lines appear in practice much less often than the first and second hereditary lines, so we will not pay so much attention to them.
How long does the probate process take?
Each probate proceeding is a proceeding in itself, completely individual and different from any other probate proceeding. Therefore, this means that some estates will be very simple processes that will be completed without complications and in a short period of time. On the other hand, in the probate procedure, many disputed issues may arise, such as the circle of heirs, the validity of the will, the property that belongs to the inheritance and the way of its distribution, and many others.
From these disputed issues, different interests may conflict, which may further lead to court proceedings that will significantly complicate and prolong the inheritance procedure itself.
So there is no simple answer. The length of probate proceedings can vary considerably depending on a number of different circumstances.
What does the probate process look like?
- Drawing up a death certificate - The court entrusts the notary with drawing up the death certificate. The death certificate is drawn up on the basis of data obtained from relatives of the deceased, from persons with whom the deceased lived, as well as from other persons who can provide data to be entered in the death certificate.
- Probate hearing - The court or notary public will call the heirs to a hearing, where they will be asked whether the inheritance is accepted or renounced. If the heir does not come to the hearing, it is assumed that he has given a statement accepting the inheritance.
- Inheritance decision - When the circle of the decedent's heirs is determined based on their statements, a decision on inheritance is made that contains all the information about the decedent himself, the property to be inherited and the heirs.
- Property found later - In practice, there are situations where a decision on inheritance is made, which distributes the inheritance to the heirs, and then later the property that belonged to the decedent and was not known about at the time of the decision is found. In that case, a request is submitted for the adoption of a supplementary decision on inheritance, based on subsequently found property. In that case, the procedure will not be repeated, but only a supplementary decision will be made.
Probate proceedings are particularly important legal proceedings, both because of the highly emotional element and because of the important issues that are resolved by it. Precisely because of this, proper preparation and legal assistance can make it faster and simpler.
If you have questions, concerns or disputes regarding inheritance - contact us to a lawyer for inheritance law who has experience in conducting probate proceedings.
