Estate planning · Serbia
Your estate planning lawyer in Serbia
Estate planning in Serbia is shaped by the Inheritance Act and by a family share that a will cannot override. Whether you are drafting a will, reviewing a marriage contract or dealing with a succession that crosses a border, a specialist can map the options for you. Tell us what you need and we match you with a lawyer who handles it.
- Wills, necessary shares and reduction claims
- Notarial probate and property transfers
- Successions with a cross-border element
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Estate planning in Serbia
What estate planning in Serbia involves
Estate planning in Serbia means arranging what happens to your property and to the people who depend on you, inside a framework built on the Inheritance Act of 1995 and the Family Act of 2005. You may make a will, but Serbian law also protects a fixed family share: descendants and a surviving spouse — and, where there are none, the parents — are reserved one half of what they would take on intestacy. Property acquired through work during a marriage is presumed to be joint and held in equal shares unless a marriage contract before a notary says otherwise. Since 2014 notaries have conducted uncontested probate as commissioners of the court, and real-estate transfers require a notarial deed. An estate planning lawyer in Serbia reads your situation against these rules and puts the paperwork in order.
Serbia in practice
How estate planning works in Serbia
Serbian succession law is codified, and the courts apply statutes rather than binding precedent. The exact wording of a will, a marriage contract or a property deed therefore carries real weight. The notes below summarise the framework using official Serbian sources.
The necessary share limits what a will can do
Under the Inheritance Act (Zakon o nasleđivanju, Official Gazette RS Nos. 46/1995, 101/2003, 6/2015), testamentary freedom is constrained by the necessary share (nužni deo). The testator’s descendants and surviving spouse — and, where there are none, the parents — are reserved one half of the share they would receive on intestacy. A will that goes beyond the disposable portion can give rise to a claim to reduce it.
Notaries conduct probate as court commissioners
Since 1 September 2014 the notary public (javni beležnik) has been a judicial-profession office under the Law on Notaries Public. Notaries conduct probate proceedings (ostavinski postupak) as commissioners of the court, which has taken uncontested succession out of the courts. Real-estate sale contracts and many other acts concerning immovable property and inheritance require a notarial deed or notarial certification.
Marriage contracts and the property regime
Under the Family Act (2005), property owned before the marriage or received gratuitously remains separate, while property acquired by work during the marriage is joint property (zajednička imovina), presumed to be held by the spouses in equal shares. Spouses may regulate their property relations differently through a marriage contract concluded before a notary — a practical instrument when planning how assets pass to children.
Who is allowed to advise and represent you
Legal services in Serbia are reserved to lawyers (advokati), and practising law without admission to the bar is prohibited. Membership of the Bar Association of Serbia (Advokatska komora Srbije) is compulsory under the Law on Advocacy (2011). Admission requires a law degree, the bar examination, entry in the Directory of Lawyers, the lawyer’s oath and mandatory professional liability insurance.
Where an estate dispute is heard
Serbia has a single, uniform judiciary: 66 basic courts, 25 higher courts, four appellate courts and the Supreme Court in Belgrade, which has carried that name since 11 May 2023. Claims among heirs begin before a basic court. Representation by a lawyer is mandatory for filing and arguing extraordinary remedies such as revision before the Supreme Court, and is in practice required on appeal.
Costs, legal aid and the language of proceedings
Court fees follow the Law on Court Fees, with a new tariff introduced in 2025, and are proportional to the value in dispute. Lawyers’ fees are freely agreed, with the Bar Association’s Lawyer Tariff used as a reference when costs are assessed. Free legal aid under the 2018 law is means-tested and unavailable in commercial disputes. Proceedings are conducted in Serbian in Cyrillic, with minority languages used in courts in their areas.
All country-specific statements on this page are taken from official Serbian sources — the Supreme Court, the Ministry of Justice, the Bar Association of Serbia and the published statute texts — consulted in 2025.
- Supreme Court of Serbia — Types of courts
- Bar Association of Serbia — Law on Advocacy
- Ministry of Justice — List of notary offices
- UINL — Successions in Serbia (necessary share)
- Government of Serbia — Family Law
- Civil Procedure Act
- Law on Court Fees (Official Gazette RS No. 91/2025)
- Ministry of Justice — Registry of free legal aid providers
Common situations
Where estate planning in Serbia usually goes wrong
These are the points clients most often raise before they speak to a lawyer.
A will that may not hold
Serbian law reserves a fixed share for descendants and the surviving spouse. If a will goes further than the disposable portion allows, an heir can claim a reduction. A specialist checks the arithmetic before the document is signed.
Property with an unclear history
Property bought or built during a marriage is presumed to be joint and held in equal shares. Showing that an asset was separate, or that a marriage contract changed the regime, takes documents. Collecting them early keeps probate and family talks calm.
A succession that crosses borders
Serbia is not an EU member, so EU succession rules do not apply directly to its internal system. Where the deceased held property in Serbia and abroad, the will, the necessary share and the notarial probate all need to be coordinated between the systems involved.
How we help
Why clients use our matching service
One short request, and a lawyer who knows this field takes it from there.
Matched to the right specialism
Estate work touches succession, family property, notarial procedure and sometimes tax. We look at what your matter actually needs and match you with a lawyer who handles that kind of file, not simply the first name on a list.
A lawyer admitted in Serbia
Only lawyers entered in the Directory of Lawyers and members of the Bar Association of Serbia may practise. The lawyer we propose is admitted there and carries the professional liability insurance that the Law on Advocacy requires.
A clear first conversation
You describe the situation once. The lawyer explains which documents matter — the will, the marriage contract, the title deed — and what the next step is, so that you decide with a plan rather than a guess.
Free to be matched
Our matching service costs you nothing. You pay the lawyer directly on the terms the two of you agree, and Serbian lawyers’ fees are freely negotiated rather than fixed by a state tariff.
Cross-border matters
Estates connected with Serbia and another country
If the deceased, the heirs or the property sit in more than one jurisdiction, the file is usually handled with a lawyer in each place. These are the countries most often involved alongside Serbia.
Questions
Estate planning in Serbia: frequent questions
Can I leave my property to anyone I choose in Serbia?
Not entirely. The Inheritance Act reserves a necessary share (nužni deo) for the testator’s descendants and surviving spouse, and for the parents where there are none — one half of what they would inherit on intestacy. A will may dispose freely of the remainder, but dispositions above that limit can be reduced at an heir’s request.
Do I need a notary to make a will or transfer property in Serbia?
Notarial deeds or notarial certification are required for real-estate sale contracts and for many acts concerning immovable property and inheritance, under the Law on Notaries Public applied from 1 September 2014. Notaries also conduct probate as commissioners of the court. An estate planning lawyer in Serbia will tell you which of your documents fall into the notarial form.
What happens to property bought during a marriage?
Under the Family Act 2005, property acquired by work during the marriage is joint property, presumed to be held by the spouses in equal shares, while property owned before the marriage or received gratuitously stays separate. Spouses can agree a different regime in a marriage contract concluded before a notary.
Does EU succession law apply to an estate in Serbia?
Serbia is an EU candidate country but not a member, so EU regulations, including those on succession, do not apply directly to its internal legal system. A cross-border estate therefore has to be checked under Serbian law and under the law of the other state separately, with the two positions reconciled.
Can I obtain legal aid for an estate matter?
Free legal aid under the Law on Free Legal Aid (2018), in force since 1 October 2019, is open to Serbian citizens, stateless persons and foreign nationals with permanent residence who meet the means test, and to certain vulnerable groups regardless of means. It is not available in commercial disputes.
How are an estate planning lawyer’s fees set in Serbia?
Fees are agreed freely between lawyer and client, and there is no binding state tariff. The Bar Association of Serbia publishes a Lawyer Tariff used as a reference when costs are assessed or disputed, but it does not cap what you and the lawyer agree. Ask how the fee will be calculated at your first meeting.
Next step
Speak to an estate planning lawyer in Serbia
Describe your situation in a few lines — a will to draft, a marriage contract to review, a probate that has stalled, or property held on both sides of a border. We match you with a lawyer in Serbia who handles that kind of work, and the matching itself is free.