Probate proceedings
How probate proceedings run before a notary public and the court - from reporting a death to the decision on inheritance.
Course of proceedings
Probate proceedings are not, as a rule, initiated by the heirs - the court opens them ex officio as soon as it receives the death certificate extract, which the registrar forwards to the competent court once the death is recorded. The court then almost always assigns the conduct of the proceedings to a notary public from the area of the deceased's last residence or domicile; from that point the notary acts as the court's commissioner and is authorized to take all steps and issue all decisions in the proceedings, except in the rare cases the law expressly reserves to the court.
The notary's first concrete step is drawing up the death record - a review of information about the deceased, possible heirs, any will, and the estate, gathered from relatives and other informed persons, checked where needed against the real-estate cadastre, the vehicle register, banking records, and other public registers. The death record is the basis for scheduling the hearing and summoning the heirs.
The hearing brings together all the statutory and testamentary heirs who were summoned. The notary establishes the identity of those present and examines every question relevant to inheritance - the right to inherit, the size of each inheritance share, any right to a legacy - and takes the heirs' statements on accepting or renouncing the inheritance. Such a statement cannot be partial or made subject to a condition: an heir either accepts the inheritance in full or renounces it in full.
If the heirs agree both on who the heirs are and on how to divide the estate, that agreement is entered directly into the decision on inheritance, resolving the division within the same proceedings. If, however, there is a dispute over some fact on which the very right to inherit depends - for example the validity of a will, kinship with the deceased, or what makes up the estate at all - the notary suspends the proceedings in that part and refers the disputing parties to prove their right in separate civil proceedings before the court. Probate then continues only once that litigation has become final. This differs from a situation where the circle of heirs and the size of their shares are already undisputed, and the parties disagree only over who gets which specific item from the already-divided estate - that question is resolved afterward, by agreement or a claim for division, outside the probate proceedings themselves.
Once all the decisive facts have been established - either undisputed, or after any referred litigation has concluded - the notary, on the court's behalf, issues the decision on inheritance, establishing the heirs, the size of their inheritance shares, the composition of the estate, and any legatees' rights. The decision becomes final once the appeal deadline has passed without an appeal being filed, and only then serves as the basis for registering the heirs' ownership in the real-estate cadastre, the vehicle register, and other public registers.
When there is no dispute, this course of proceedings is, in practice, often concluded within a few months of the death being reported, since it comes down to drawing up the death record, one hearing, and the decision. When part of the proceedings is referred to litigation, the total duration depends on that litigation and can be considerably longer - the law sets no single deadline for concluding the whole of the probate proceedings.
Probate before a notary
Probate before a notary is not a separate procedure. It is the same court procedure, which the court assigns to a notary public (Law on Non-Contentious Procedure, Art. 30a). The case reaches the notary without any step from you: within 30 days of recording the death, the registrar sends the death certificate extract to the court, the court assigns the death record to a notary, and then assigns the probate hearing itself, as a rule to the same notary (Arts. 92 and 110a). The court cannot do this where foreign law governs the succession.
The notary must accept the assignment and follows the same rules as the court. The court sets a deadline, supervises the notary, and takes the case away if the notary acts to the parties' detriment, causes unnecessary costs or delays without justification (Arts. 30g to 30ž). A notary's decision is appealed in the same way as a court decision (Art. 30z).
The notarial tariff for probate is a separate tariff for notaries acting as the court's commissioner. The fee depends on the value of the estate less debts, and the figures are in the costs overview. A lawyer's fee is separate and follows the Attorneys' Fee Schedule.
Jurisdiction
Territorial jurisdiction lies with the basic court in whose area the deceased had their residence at the time of death, or domicile if they had no residence in the Republic of Serbia; if the deceased had neither residence nor domicile in Serbia, the competent court is the one in whose area the greater part of their property is located. That court, however, does not, as a rule, conduct the proceedings itself - it assigns them by decision to a notary public from the same area, who acts as the court's commissioner and issues the decision on inheritance on its behalf. The court conducts probate proceedings itself only in exceptional situations expressly provided for by law, or when the notary is, for some reason, unable to act.
Sources
- Law on Non-Contentious Procedure (Zakon o vanparničnom postupku, Official Gazette SRS Nos. 25/82 and 48/88 and RS Nos. 46/95 ... 14/2022), Arts. 19, 30a-30z, 88, 89, 92, 93, 110a, 115-122 and 128
- Notarial tariff for a notary acting as the court's commissioner in probate proceedings (Official Gazette RS Nos. 12/2016 and 62/2025), Arts. 3, 4, 7 and 8
- Notarial Tariff (Javnobeležnička tarifa, Official Gazette RS Nos. 91/2014 ... 59/2025), Art. 10 and Tariff No. 2 (paragraf.rs)
- Attorneys' Fee Schedule (Tarifa o nagradama i naknadama troškova za rad advokata, Official Gazette RS Nos. 43/2023 and 56/2025), Arts. 13 and 15, items 13, 22 and 24
- Law on Court Fees (Zakon o sudskim taksama, Official Gazette RS Nos. 28/94 ... 91/2025), Tariff No. 7
What to do
-
1
Reporting the death and opening the proceedings ex officio
Deadline: The proceedings begin as soon as the court receives the death certificate extract, with no separate request needed from the heirs
Probate proceedings are not, as a rule, opened at the request of heirs or creditors - the court opens them ex officio as soon as it learns of the death or of a final decision declaring a missing person dead (Law on Non-Contentious Procedure, Art. 89).
-
2
Drawing up the death record (smrtovnica)
Deadline: The notary delivers the death record to the court within 30 days of receiving the decision entrusting it to them (Art. 92 para. 4)
The notary gathers information from relatives and other informed persons about possible heirs, a will, and the deceased's property, checking the real-estate cadastre, the vehicle register, and other public registers where needed, and on that basis draws up the death record, which is the basis for scheduling the hearing.
-
3
Assigning the case to a notary public
The court, by decision, assigns the conduct of the proceedings to a notary public from the area of the deceased's last residence or domicile. The notary then acts as a commissioner of the court and is authorized to take all steps and issue all decisions in the proceedings, except in the cases the law expressly reserves to the court (Law on Non-Contentious Procedure, Art. 110a).
-
4
Scheduling and holding the hearing
Deadline: The law sets no deadline for scheduling the hearing (Art. 115) - in practice it depends on how busy the notary or court is
All statutory and testamentary heirs are summoned to the hearing. The notary establishes the identity of those present, examines every question relevant to inheritance - the right to inherit, the size of each inheritance share, any right to a legacy - and takes statements on accepting or renouncing the inheritance, which cannot be partial or conditional.
-
5
Heirs' agreement on division, or referral to civil proceedings
If all heirs agree on who the heirs are and how the estate is to be divided, that agreement is entered directly into the decision on inheritance (Art. 122(3)). If some fact on which the right to inherit depends is disputed - e.g. the validity of the will, kinship, or what makes up the estate - the proceedings are suspended in that part and the disputing parties are referred to prove their right in civil proceedings before the court (Arts. 119-121).
-
6
Issuing the decision on inheritance
Deadline: 15 days from service of the copy of the decision (Art. 19 of the Law on Non-Contentious Procedure)
Once the facts relevant to inheritance have been established - undisputed, or after any referred civil proceedings have concluded - the notary, on the court's behalf, issues the decision on inheritance, establishing the heirs, the size of their inheritance shares, the composition of the estate, and any legatees' rights.
-
7
Finality of the decision and registration of title
Once the appeal deadline has passed without an appeal, the decision becomes final and serves as the basis for registering the heirs' ownership in the real-estate cadastre, the vehicle register, and other public registers.
Required documents
- Death certificate extract for the deceased
- Birth or marriage certificate extracts for the heirs - proof of kinship
- Heirs' ID cards
- The original will, if one exists
- Proof of ownership of real estate (title deed or an extract from the real-estate cadastre)
- Proof of vehicle ownership (vehicle registration certificate)
- Bank statements showing the deceased's account balances and any deposits
- A life-insurance policy, if the deceased had one
- Evidence of any debts of the deceased (loan agreements, other bills), since the estate consists of liabilities as well as assets
- A power of attorney for a lawyer, if the party chooses representation
Jurisdiction
Territorial jurisdiction lies with the basic court in whose area the deceased had their residence at the time of death, or domicile if they had no residence in the Republic of Serbia; if the deceased had neither residence nor domicile in Serbia, the competent court is the one in whose area the greater part of their property is located (Law on Non-Contentious Procedure, Art. 88). The court, as a rule, assigns the conduct of the proceedings to a notary public from the same area, who acts as the court's commissioner and issues the decision on inheritance on the court's behalf (Art. 110a); the court conducts the proceedings itself only exceptionally, where the law expressly provides for it or the notary is unable to act.
What it costs
| Item | Amount | Basis |
|---|---|---|
| Notary's fee for drawing up the death record | 20 points, regardless of the value of the estate; at a point value of 180 dinars that is 3,600 dinars, excluding VAT | Notarial Tariff (Javnobeležnička tarifa), Art. 10 (point value) and Tariff No. 2 para. 2 |
| Notary's fee for conducting the probate proceedings | Set according to the market value of the estate less the deceased's debts: from 20 points (up to 150,000 dinars) to 300 points (7,000,001 to 10,000,000 dinars), and above that 20 more points per started million, up to 400 points; the point value is 180 dinars excluding VAT. The fee increases where more than three parties take part, and costs are 5 points per party. | The notarial tariff for a notary public acting as the court's commissioner in probate proceedings ('Sl. glasnik RS', nos. 12/2016 and 62/2025), Arts. 3, 4, 7 and 8 |
| Court fee on the decision on inheritance | A flat amount from 2,000 to 75,000 dinars, based on the value the court sets at its discretion; paid by the heirs in proportion to their shares once the decision on inheritance becomes final | Law on Court Fees (Zakon o sudskim taksama), Tariff No. 7 |
| Lawyer's fee for representation in probate proceedings | For the petition and reasoned submissions in probate, the lawyer is entitled to the same fee as for a statement of claim by value under item 13, and the same amount for each hearing held (50% for an adjourned hearing). One point is worth 50 dinars; for example, for a value of 5,000,000 dinars (100,000 points) that is 750 points, or 37,500 dinars per submission or hearing, plus VAT if the lawyer is VAT-registered. The total depends on the value and the number of hearings, and the amount can be agreed within the limits the tariff allows. | Attorneys' Fee Schedule (Tarifa o nagradama i naknadama troškova za rad advokata, 'Sl. glasnik RS', Nos. 43/2023 and 56/2025), Arts. 13 and 15, items 13, 22 and 24 |
FAQ
Are probate proceedings run by the court or by a notary public?
Formally, the basic court has jurisdiction, but it, as a rule, assigns the conduct of the proceedings to a notary public from the area of the deceased's last residence. The notary then acts as the court's commissioner and issues the decision on inheritance on the court's behalf (Law on Non-Contentious Procedure, Art. 110a). The court conducts the proceedings itself only exceptionally.
Do the heirs have to open probate proceedings themselves?
No. The proceedings are, as a rule, opened ex officio, as soon as the court (through the registrar) receives the death certificate extract (Law on Non-Contentious Procedure, Art. 89). Heirs and creditors can draw the notary's or the court's attention to circumstances relevant to the proceedings, but a separate formal request is usually not needed for the proceedings to start.
What if the heirs don't agree on who is entitled to inherit?
If the very fact on which the right to inherit depends is disputed - for example the validity of a will, or kinship with the deceased - the notary suspends the proceedings in that part and refers the parties to resolve the dispute in separate civil proceedings before the court (Law on Non-Contentious Procedure, Arts. 119-121). A dispute over how to physically divide an already-established estate is a separate question, resolved once the circle of heirs has been established.
How long do probate proceedings take?
The law does not set a single deadline for concluding the proceedings. When there is no dispute among the heirs, the proceedings, in practice, come down to drawing up the death record, one hearing, and issuing the decision, so they are often concluded within a few months of the death being reported. When part of the proceedings is referred to civil litigation, probate waits for the outcome of that litigation, so the total duration depends on it and can be considerably longer. The competent notary public can give an indicative timeframe for a specific case.
What if property is found after the decision on inheritance that wasn't listed in it?
If, after the decision on inheritance becomes final, property is found that was not known to belong to the estate at the time, the court does not reopen the proceedings but distributes that property by a new decision on the basis of the earlier decision on inheritance (Art. 128 of the Law on Non-Contentious Procedure). The notary's fee for such a supplementary decision is based on the value of the newly found part of the estate.
Can I choose the notary, or object to a notary handling the probate?
The heirs do not choose. The court decides whether to assign the case to a notary public and, as a rule, assigns it to the notary who drew up the death record (Law on Non-Contentious Procedure, Arts. 30a and 110a). It cannot assign the case to a notary where foreign law governs the succession. Grounds for disqualifying the notary follow the rules of the proceedings (Art. 30d). The court supervises the notary and takes the case away if the notary acts to the parties' detriment, causes unnecessary costs or delays without justification (Arts. 30e and 30ž), so a complaint goes to the court that assigned the case. A decision the notary issues as the court's commissioner is appealed as if the court had issued it (Art. 30z), within 15 days (Art. 19).
How much does a lawyer cost for a probate hearing?
A lawyer is not mandatory in probate. If you hire one, the Attorneys' Fee Schedule gives the same fee for a probate petition as for a statement of claim by value (items 22 and 13), and the same amount for each hearing held (item 24). One point is worth 50 dinars (Art. 15). For example, for a value of 5,000,000 dinars that is 750 points, or 37,500 dinars per hearing, plus VAT if the lawyer is VAT-registered. An adjourned hearing earns half. This is separate from the notarial tariff for probate, which the heirs pay to the notary and which is shown in the costs above.