Probate proceedings are used after a person's death to determine the estate, identify the heirs and establish the rights belonging to each heir. While many proceedings are straightforward, complications may arise where there is a will, several heirs, outstanding debts or disputed property.
More information about legal assistance with inheritance matters is available on our inheritance law page.
How are probate proceedings initiated?
Probate proceedings are generally initiated after the competent authority receives information about the deceased. The matter may be entrusted to a public notary acting as a commissioner of the court.
Who may inherit?
Inheritance may be based on law or on a valid will. Where there is no effective testamentary disposition, statutory succession rules determine which persons inherit and in what proportions.
Inheritance statements
An heir may accept or renounce an inheritance in accordance with the law. An inheritance statement may have significant legal consequences and should therefore be made only after its effects are properly understood.
- acceptance of inheritance
- renunciation of inheritance
- transfer of an inheritance share where legally permitted
- the effect of inheritance on liability for the deceased's debts
What if there is a will?
The existence of a will does not necessarily prevent disputes. Questions may arise concerning its validity, authenticity or infringement of a compulsory share.
Compulsory share
Certain statutory heirs may be entitled to a compulsory share under the conditions prescribed by law. Where that share has been infringed by testamentary dispositions or gifts, appropriate legal remedies may be available.
What happens if the heirs disagree?
Where participants dispute facts or rights that cannot be resolved within the probate proceedings, they may be referred to separate civil litigation. This may occur in disputes concerning ownership, the validity of a will or the composition of the estate.
Conclusion
Early legal analysis can help prevent additional disputes and costs in more complex inheritance matters. For advice concerning probate proceedings, wills or inheritance disputes in Serbia, you can contact us.