Wills & Succession · Serbia
Specialised wills lawyers in Serbia
Serbian succession law limits how far a will can reach, and notarial formalities often decide whether a document is accepted at all. Tell us what you are facing and we introduce you to a lawyer admitted to the Bar Association of Serbia who handles wills, estates and probate.
- The necessary share and your room to dispose of assets
- Notarial deeds, probate and contested succession explained
- Matched with a Serbian-bar lawyer at no cost to you
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The essentials
How succession work is organised in Serbia
If you own property in Serbia, have family there, or expect to inherit from someone who did, the rules that decide who receives what are set by Serbian law and cannot simply be sidestepped. Wills lawyers in Serbia work within the Inheritance Act, which protects a fixed portion for close relatives, and alongside notaries who now handle uncontested succession matters as commissioners of the court. Whether you are drafting a will, checking whether an existing one will hold, or dealing with a disputed estate, the practical questions repeat themselves: who is entitled, which formalities apply, and which notary or court will deal with it. Our service introduces you to a lawyer entered in the directory of the Bar Association of Serbia who handles succession work. You describe the situation, we match you, and the first conversation costs you nothing.
Country specifics
Wills and estates under Serbian law
Serbia is a continental, codified jurisdiction, and succession is governed by the Inheritance Act together with the rules on notarial acts and civil procedure. Two features shape almost every file: the protected share reserved for close relatives, and the role of notaries in uncontested probate.
Testamentary freedom meets the necessary share
The Inheritance Act (Zakon o nasleđivanju, 1995 with later amendments) reserves a ‘necessary share’ (nužni deo) for the testator’s descendants and surviving spouse, and for the parents where those heirs are absent. They are entitled to one half of what they would have received on intestacy. A will cannot defeat that share, and an heir may claim to reduce dispositions that exceed the disposable portion.
Notarial deeds and probate before a notary
Notaries public (javni beležnici) were introduced as a judicial profession from 1 September 2014 under the Law on Notaries Public. Real-estate sale contracts and many other acts concerning immovable property and inheritance require a notarial deed or notarial certification, and notaries conduct probate proceedings (ostavinski postupak) as commissioners of the court, which removed uncontested succession from the courts’ workload.
Who is allowed to advise and represent you
Legal services in Serbia are entrusted exclusively to lawyers (advokati), and practising without admission to the bar is prohibited. Membership of the Bar Association of Serbia 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. A foreign client is normally represented by a lawyer admitted to the Serbian bar.
Which courts hear a contested estate
Judicial power is uniform, and civil matters at first instance go to the 66 basic courts, with appeals to the 25 higher courts and then the four appellate courts. The Supreme Court in Belgrade is the highest instance; formerly the Supreme Court of Cassation, it has carried the name ‘Supreme Court’ since 11 May 2023. Judicial decisions are not a formal source of law, but Supreme Court practice unifies interpretation.
Fees, court charges and legal aid
Lawyers’ fees are freely agreed between lawyer and client; there is no binding state tariff, although the Bar Association publishes the Lawyer Tariff as a reference for assessing costs. Court fees are proportional to the value in dispute under the Law on Court Fees, with a new tariff introduced in 2025. Free legal aid, in force since 1 October 2019, is available to applicants meeting the means test through providers on the Ministry of Justice registry.
Language, procedure and mediation
Under the Civil Procedure Act, Serbian and the Cyrillic script are the official language and script of proceedings, with national minority languages used in courts in their areas. The court must refer the parties to mediation or to an informational hearing on mediation, and must conduct the case within a previously fixed time frame, reflecting the legislator’s emphasis on settlement and expedition.
All figures and procedural descriptions above are taken from official Serbian sources – the Supreme Court, the Bar Association of Serbia, the Ministry of Justice and the Official Gazette – retrieved in 2025.
- Constitution of the Republic of Serbia (National Assembly)
- Supreme Court of Serbia — Types of courts
- Supreme Court of Serbia — Change of court name
- Law on Court Fees (Zakon o sudskim taksama, consolidated, tariff 91/2025) — Supreme Court
- Bar Association of Serbia (Advokatska komora Srbije)
- Bar Association of Serbia — Law on Advocacy (Zakon o advokaturi)
Common situations
What people bring to us
Most enquiries about wills and estates in Serbia start with a document someone is unsure about, or with a family that cannot agree on the next step.
A will that may not hold
You have signed a will, or been named in one, and you are unsure whether the formalities were respected or whether a close relative could successfully challenge what it says.
Property and heirs in two countries
The deceased owned a flat or land in Serbia while living abroad, and the family cannot agree who should start probate or which documents are needed first.
A relative left out
You expected a share of an estate and received nothing, and you want to know whether the protected share gives you a claim to reduce what was left to others.
Why us
How our matching helps you
We do not draft documents or give advice ourselves. We connect you with a practitioner who does this work every day.
Admitted practitioners only
Legal services in Serbia are reserved to lawyers entered in the Directory of Lawyers, so the person you speak to has passed the bar examination, taken the oath and carries mandatory professional liability insurance.
Notarial and court steps in one view
Your lawyer explains which acts need a notarial deed or certification, how probate before a notary as court commissioner runs, and when a contested matter belongs before a basic court instead.
Fees agreed before work begins
Lawyers’ fees in Serbia are freely agreed with the client and there is no binding state tariff. The Bar Association’s Lawyer Tariff is the usual reference, and you will know the basis of the fee in advance.
Cross-border estates handled calmly
Where the estate touches Serbia and another country, your lawyer works from the Inheritance Act and explains how the necessary share interacts with dispositions and property held elsewhere.
Cross-border
Estate matters we connect across Europe
Serbian families are often spread across several countries. If assets, heirs or documents sit outside Serbia, we can look for a practitioner used to cross-border succession alongside a Serbian-bar lawyer.
Questions
Frequently asked questions
Can I leave my property in Serbia to anyone I choose?
Not entirely. The Inheritance Act reserves a necessary share (nužni deo) for the testator’s descendants and surviving spouse, and for the parents where those heirs are absent: they are entitled to one half of what they would have received on intestacy. A will cannot defeat that share, and an heir may bring a claim to reduce dispositions that exceed the disposable portion.
Do I need a notary to make or administer a will in Serbia?
Notaries public have existed as a judicial profession since 1 September 2014 under the Law on Notaries Public. Real-estate sale contracts and many other acts concerning immovable property and inheritance require a notarial deed or notarial certification, and notaries conduct probate proceedings as commissioners of the court, which keeps uncontested succession out of the courts.
How do wills lawyers in Serbia charge for their work?
Lawyers’ fees are freely agreed between the lawyer and the client, and there is no binding state tariff. The Bar Association of Serbia publishes the Lawyer Tariff, which is used as the reference when costs are assessed or a fee is disputed, but it does not cap what you and your lawyer agree. Court fees are separate and are proportional to the value in dispute.
Which court deals with a disputed estate in Serbia?
Civil matters at first instance go to the basic courts, of which there are 66, with appeals to the 25 higher courts and then to the four appellate courts. The highest instance is the Supreme Court in Belgrade, which has carried that name since 11 May 2023. Supreme Court practice unifies interpretation, although judicial decisions are not formally a source of law in Serbia.
Can a foreign client be represented by a Serbian lawyer?
Yes. A foreign client is normally represented by a lawyer admitted to the Bar Association of Serbia, since legal services there are reserved to admitted advokati. Proceedings are conducted in Serbian and the Cyrillic script, with national minority languages used in courts in their areas, so your lawyer will explain how documents and statements in another language are handled.
Is free legal aid available for inheritance matters in Serbia?
The Law on Free Legal Aid has applied since 1 October 2019 and covers advice, drafting, representation and defence for Serbian citizens, stateless persons and foreign nationals with permanent residence who meet the means test; certain vulnerable groups qualify regardless of means. Providers are registered with the Ministry of Justice. Legal aid is not available in commercial disputes or in the cases listed in Article 7 of that law.
Next step
Tell us about the estate and we will find the right lawyer
Describe the situation in a few lines: who the deceased is, where the property sits, whether a will exists and what has already been filed. We will match you with a lawyer admitted to the Bar Association of Serbia who handles wills and succession, and the first exchange is free of charge.