Inheritance matters
Inheritance Abroad
One of the consular functions is the protection of inheritance rights and interests of citizens of the Republic of Serbia in the territory of the receiving state, in accordance with the laws and regulations of that state (Article 5 of the Vienna Convention on Consular Relations). The consul acts in accordance with the cited article of the Vienna Convention if the deceased is a citizen of the Republic of Serbia, or if the heir is a citizen of the Republic of Serbia who does not reside in the country where the estate is located.
If a citizen of the Republic of Serbia has relevant knowledge about property left behind by a relative in a foreign country, they may contact the Ministry of Foreign Affairs to verify the existence of the estate. In a written request, which is submitted in free form, the following must be included: information about the deceased, the familial relationship with the deceased, relevant data indicating the existence of the estate abroad, as well as contact information. If the verification procedure determines the existence of the estate, the applicant will be informed about the terms under which the competent diplomatic-consular mission may act and the required documentation, which must include the following:
- appropriate extracts from civil registers proving the family relationship with the deceased or proving a legal interest in submitting the request;
- all relevant data about the deceased (date and place of death, address of residence abroad, name of the company where the deceased was employed, marital status, etc.);
- all knowledge with available evidence about the movable/immovable property of the deceased abroad (real estate, bank accounts, life insurance);
- information on whether the deceased left a testament;
- inheritance decision resolving the property of the deceased in Serbia (if it exists);
- signed and certified power of attorney for the acting diplomatic-consular mission of the Republic of Serbia (a power of attorney form with detailed certification instructions is provided to the applicant by the Ministry of Foreign Affairs);
- proof of payment of the administrative fee.
Diplomatic-consular missions do not have the legal capacity to represent the party in terms of providing attorney services before foreign courts, and if required by the circumstances and regulations of the receiving country, it is sometimes necessary to engage a local attorney. The engagement of an attorney is done through the diplomatic-consular mission with the prior consent of the party. The costs of engaging the attorney are borne by the estate or the heirs.
Additional information regarding the exercise and protection of inheritance rights abroad can be obtained by contacting the Ministry of Foreign Affairs (Consular Affairs Department, Group for Inheritances Abroad) at the following phone number: (011) 306 8328, every working day from 9:00 to 15:00.
Inheritance Proceedings in Serbia
When the inheritance proceedings are conducted before a competent authority in the Republic of Serbia, an heir residing abroad may give a declaration of inheritance or certify a power of attorney for giving the declaration of inheritance at the nearest diplomatic-consular mission of the Republic of Serbia. More information about this can be found here.