If you live abroad and have inherited, or expect to inherit, property or other assets in Serbia, you do not need to travel to take part in the process. The entire Serbian inheritance procedure can be handled remotely by a Serbian lawyer acting under a power of attorney.

This guide explains how inheritance in Serbia works for non-residents and foreign nationals, how the probate procedure (ostavinski postupak) is conducted, and how the whole matter can be managed from abroad without you ever setting foot in a Serbian courtroom.

Can Non-Residents and Foreign Nationals Inherit in Serbia?

Yes. Foreign citizens can inherit both movable and immovable property in Serbia. Under the Serbian Law on Inheritance, foreigners inherit under the same conditions as Serbian citizens, on the basis of reciprocity. In practice this means that if a Serbian national could inherit in your country under comparable conditions, you can inherit in Serbia.

Living outside Serbia is not a barrier. Immovable property located in Serbia is always governed by Serbian law and settled before a Serbian court or notary, regardless of where you live or which passport you hold. Some categories of asset, such as agricultural land, can carry additional restrictions for foreign owners, which we assess on a case-by-case basis.

Who Inherits? Order of Succession

Serbian law sets a fixed order of heirs:

• First order – the deceased’s children and spouse, who inherit in equal shares.
• Second order – if there are no descendants, the estate passes to the deceased’s parents and siblings.
• Third order and beyond – grandparents and more distant relatives, only where there are no closer heirs.

Serbia also recognises forced heirs. Close family members such as descendants, the spouse, and in some cases parents cannot be entirely excluded, even by a will. Their protected (reserved) share is generally half of what they would have received under the statutory rules.

The Serbian Probate Procedure (Ostavinski Postupak)

Inheritance in Serbia is settled through a formal probate procedure. It is not optional, and it is the only way to transfer a deceased person’s assets into the heirs’ names. The main stages are:

• The procedure is opened, usually automatically once the death is registered, before the basic court or a public notary acting as a court commissioner.
• Jurisdiction follows the deceased’s last place of residence in Serbia. If the deceased did not reside in Serbia, jurisdiction is based on where the property is located.
• The court or notary identifies the heirs, establishes the assets and any debts of the estate, and records each heir’s inheritance statement.
• A decision on inheritance (rešenje o nasleđivanju) is issued, confirming who inherits what.
• Once final, the decision is used to register inherited real estate in the heirs’ names in the Serbian cadastre.

Handling Serbian Inheritance From Abroad

This is the part most non-resident heirs worry about, and it is the part we make simple. You do not need to come to Serbia at any stage. A Serbian attorney can represent you throughout the entire probate procedure under a power of attorney.

Handling the matter from abroad works like this:

• You sign a power of attorney authorising a Serbian lawyer to act for you in the probate procedure.
• Where required, you also provide a signed inheritance statement confirming whether you accept or renounce your share.
• These documents are certified abroad, either at a Serbian embassy or consulate, or before a local notary followed by an apostille and certified translation into Serbian.
• Your lawyer then files everything with the court or notary, attends all hearings on your behalf, communicates with the other heirs and the authorities, and delivers the final decision to you.

From your side, involvement is limited to signing a small number of documents and having them certified locally. Everything inside Serbia is handled for you.

The Power of Attorney

The power of attorney is the single document that makes remote handling possible. It authorises your Serbian lawyer to represent you before the court, the public notary, the cadastre, and other authorities, to submit and receive documents, and to take the procedural steps needed to complete the inheritance on your behalf.

A properly drafted power of attorney is specific to the inheritance proceedings and identifies the estate and the powers granted. We prepare the text for you so that it is accepted by the Serbian court or notary without objection, then guide you on exactly how and where to certify it in your country.

Accepting or Renouncing an Inheritance

As an heir you have a choice. You can accept your share, or you can renounce (give up) your inheritance. Renunciation matters in several common situations, for example where the estate carries debts, or where the family has agreed that one heir will take a particular asset.

Your decision is recorded through the inheritance statement, which can be signed abroad and submitted through your lawyer. A renunciation is treated as though you were never an heir, and it generally cannot be partial, conditional, or later reversed, so it is important to take advice before you sign.

Documents You Will Need

The exact list depends on the estate, but a typical non-resident inheritance case requires:

• The death certificate of the deceased.
• Documents proving your relationship to the deceased, such as birth or marriage certificates.
• Property and asset documents, including a cadastre extract for real estate and account details for bank assets.
• A copy of your passport or ID.
• The power of attorney and, where needed, the inheritance statement.

Documents issued abroad usually need to be apostilled and translated into Serbian by a court-certified translator. We tell you precisely which documents to gather and in what form, so nothing is rejected later.

Inheritance Tax in Serbia

Serbia taxes inheritance based on the heir’s relationship to the deceased, not on residence:

• First order heirs (spouse, children, and parents) are exempt from inheritance tax.
• Second order heirs currently pay tax at a rate of around 1.5% of the value of the inherited assets.
• Other heirs currently pay around 2.5%.

Rates and exemptions can change, and the tax is assessed on the market value of the estate, so we confirm the current position for your specific case.

Foreign Wills and Cross-Border Estates

Many non-resident heirs are dealing with an estate that touches more than one country. Real estate located in Serbia is always administered in Serbia under Serbian law, even where probate is also taking place abroad. Where a foreign court has already issued a decision relevant to the estate, that decision may first need to be formally recognised in Serbia before it can take effect. We handle recognition of foreign court decisions in Serbia as part of the same service where it is required.

How We Help Heirs Living Abroad

We represent non-resident and foreign heirs through the entire Serbian inheritance procedure, from first assessment to registration of the inherited assets. Our service includes:

• Assessing your entitlement and the structure of the estate.
• Preparing the power of attorney and inheritance statement, and guiding you through certification abroad.
• Gathering and preparing the required documents, including translations and apostilles.
• Representing you before the court or public notary at every hearing.
• Registering inherited real estate in your name in the cadastre.
• Advising on any sale of the inherited property afterwards, which can also be handled remotely.

If you would like a property check before or after inheriting, we also provide property due diligence in Serbia, and you can work with an English-speaking lawyer in Serbia throughout.

Frequently Asked Questions

Do I need to travel to Serbia to inherit?

No. The entire probate procedure can be handled remotely by a Serbian lawyer acting under a power of attorney. You sign a few documents abroad and your lawyer does the rest in Serbia.

Can foreigners inherit property in Serbia?

Yes. Foreign nationals inherit on the same terms as Serbian citizens on the basis of reciprocity. Immovable property in Serbia is settled under Serbian law regardless of your nationality or country of residence.

Can I renounce an inheritance from abroad?

Yes. You can accept or renounce your share through an inheritance statement signed abroad and submitted by your lawyer. A renunciation is generally final and cannot be partial or conditional, so take advice first.

How long does probate take in Serbia?

It varies with the complexity of the estate, the number of heirs, and how quickly documents are gathered. Straightforward cases can conclude in a few months once all paperwork is in order.

Is there inheritance tax in Serbia?

First order heirs (spouse, children, parents) are exempt. Second order heirs currently pay around 1.5% and other heirs around 2.5% of the value of the inherited assets.

What if there is a will?

A valid will is respected, but forced heirs still keep their protected share. We review the will and confirm how it affects the distribution of the estate.

Inherited Property or Assets in Serbia and Living Abroad?

We handle the entire Serbian inheritance procedure for non-resident heirs, under power of attorney, so you never have to travel. Send us a brief description of your situation and we will respond within one business day.

Book a Consultation