Attorney at Law for inheritance
FAQ
How to initiate an inheritance procedure?
An inheritance procedure can be initiated officially or by an interested party.
Which court has jurisdiction to handle the inheritance?
The court with jurisdiction to handle the inheritance is the one in the area where the deceased had their residence at the time of death.
To whom should the request to initiate the inheritance procedure be submitted?
The request to initiate the inheritance procedure is submitted to the competent court.
Which authority carries out the inheritance procedure?
The competent court assigns the public notary from the area where the deceased had their residence at the time of death to conduct the inheritance procedure.
Is it possible to carry out the inheritance procedure if the heir is not in Serbia?
It is possible with a special power of attorney that will be certified and legalized in accordance with international conventions and agreements.
What types of heir’s declarations are there?
The heir’s declaration can be affirmative or negative.
Can an heir accept a part of the inheritance and renounce the rest in favor of another heir?
In a conditional sense, it is possible. In other words, the heir’s declaration can be affirmative or negative, and renouncing a portion of the property in favor of another heir is treated as a gift.
What is actually discussed during the inheritance hearing?
During the inheritance hearing, only undisputed facts are discussed. If disputed facts arise, the inheritance procedure will be interrupted, and the parties will be directed to resolve the dispute in a litigation procedure.
Does a negative heir’s declaration exclude the right of representation?
No, if an heir makes a negative heir’s declaration, their descendant will be summoned to make a statement (provided they have descendants).
