How to Initiate a Probate Procedure in Bosnia and Herzegovina?

The probate procedure in Bosnia and Herzegovina is a legal process in which it is determined who inherits the property of the deceased person, how that property is distributed, and what obligations remain after the person’s death. The procedure is conducted before the municipal court according to the last residence of the deceased.

In most cases, the court initiates the procedure ex officio after receiving the death certificate from the civil registry office. However, heirs can actively participate by submitting documentation, reporting assets, and engaging a lawyer to protect their rights. If the death has not been reported to the competent authorities, the heirs themselves may submit a proposal to initiate the procedure.

To properly carry out the procedure, it is necessary to submit the death certificate, personal information of all heirs, proof of property ownership (land registry extracts, contracts, etc.), a possible will, and a list of claims and debts. Heirs can declare whether they accept or renounce the inheritance.
The probate procedure in Bosnia and Herzegovina is usually conducted by a notary public appointed by the court. The notary acts as a court commissioner but under the court’s supervision. In case of a dispute among the heirs, the notary refers the case back to the court for a decision.

The duration of the probate procedure depends on the complexity of the estate, the number of heirs, and any disagreements. Simple cases can be concluded within a few months, while more complex ones take longer.

It is advisable to engage a lawyer when there are multiple heirs with differing interests, suspicion regarding the will, unresolved property-legal issues, or when you want legal certainty and representation throughout the entire process.

Our law firm offers comprehensive legal support in the field of inheritance law in Sarajevo and throughout Bosnia and Herzegovina – from preparing documentation and providing legal advice to representation before the court and notary.

If you need legal advice and representation, you can contact us directly by phone (+387 62 423 413) or via email (info@partners.haracic.ba).