When the deceased was a foreigner, or when heirs live abroad, probate proceedings raise several additional questions: which law determines the heirs, which court has jurisdiction and how heirs take part from abroad.
Which law applies
Inheritance is governed by the law of the country of which the deceased was a citizen at the time of death. If that country's law refers back to Serbian law, as many countries do for real estate, Serbian law applies. Serbian law always governs registration and other property rights in real estate in Serbia. For Russian citizens, the 1962 legal assistance treaty with the USSR applies: inheritance of real estate is governed by the law of the country where the property is located, and inheritance of movable property by the law of the country of which the deceased was a citizen.
A will made abroad
A will is formally valid if it is valid under at least one of these laws: the law of the place where it was made, of the testator's citizenship, domicile or residence, Serbian law, and for real estate also the law of the place where the property is located. A will in a foreign language is translated by a certified court interpreter.
Which court has jurisdiction
Serbian courts have exclusive jurisdiction over real estate in Serbia, regardless of the deceased's citizenship. For movable property in Serbia, such as money in a bank account, a Serbian court generally also has jurisdiction. A foreign decision on inheritance concerning real estate in Serbia therefore cannot be recognised, and the probate proceedings are conducted here. For Russian citizens, under the treaty, movable property is dealt with by an authority in Russia, and a Russian notary's decision on inheritance can be recognised in Serbia. The exception is when the deceased's last domicile was in Serbia: heirs living here can request, within six months of the death, that movable property in Serbia be dealt with by a Serbian court, if no heir objects.
A foreigner inheriting real estate
A foreigner inherits real estate in Serbia on the same terms as a Serbian citizen, subject to reciprocity, which is presumed in inheritance matters. The restriction on agricultural land may also affect inheritance, so it should be checked for the specific plot.
Heirs abroad
- An heir can make the declaration of inheritance at a Serbian embassy or consulate, or through a representative with a certified power of attorney.
- An inheritance can also be renounced by a written statement with a certified signature, until the first-instance proceedings end.
- Foreign documents, such as civil register certificates, are submitted with an apostille and translation. Documents from Russia do not need an apostille, and the Russian consulate can represent absent Russian heirs even without a power of attorney, if they have not authorised someone else.
- Service of documents abroad prolongs the proceedings, so a representative in Serbia is often the more practical solution.
After the decision on inheritance
On the basis of the final decision, the heir is registered in the cadastre. Inheritance tax is not paid by heirs of the first order of succession, the spouse and the parents of the deceased. Heirs of the second order pay 1.5%, and others 2.5%. An heir of the second order does not pay tax on one flat if they lived in the same household with the deceased for at least one year. An heir can sell inherited property from abroad, through a representative.
Common questions
Note: This text is general information and is not legal advice for a specific case. It reflects the regulations at the time of the page's last update (October 2026). Assessing a particular situation requires reviewing the documents and circumstances of the case.
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