Probate proceedings – inheritance – order of succession

The loss of a loved one is one of the most difficult moments in the lives of our clients. In addition to the emotional burden, the family is faced with numerous administrative and legal obligations in a short time, which often seem confusing and additionally burdensome.

Law Firm Haracic + Partners and our legal team are at your disposal to help you get through this sensitive period without additional stress. We provide professional guidance through all necessary procedures following the death of your family member.

We pay special attention to clients living abroad. Since we communicate in both German and English, we enable all proceedings in Bosnia and Herzegovina to be conducted without your personal presence, based on a power of attorney, with maximum discretion and legal certainty.

The legal steps we take for our clients are as follows:

1. Registration of death with the competent municipal authority according to the residence of the deceased (if the person died abroad, we conduct a subsequent death registration),
2. Representation in probate proceedings,
3. Giving an inheritance declaration in probate proceedings – that the heir accepts the inheritance or renounces it,
4. Consulting regarding inheritance rights,
5. Implementation of court decisions before competent institutions;

Probate proceedings are initiated by the court ex officio, within 30 days from the receipt of the death certificate from the civil registry office.

In the probate proceedings, it is determined who the heirs are and which assets form the estate: these include real estate, motor vehicles and other movable property, funds in bank accounts, shares, rights, claims, but also debts.

In probate proceedings, heirs inherit according to orders of succession:

1. If the decedent has children, the estate is divided equally among the children and the surviving spouse. Thus, if the decedent is survived by two children and a spouse, each of them will receive 1/3 of the estate.
2. If the decedent has no children, the estate is divided between the spouse and the parents of the decedent.
3. If the decedent has no children, spouse, or parents, the estate is inherited by his/her grandparents.

Right of representation – if one of the heirs died before the decedent, their descendants inherit in their place.

It is important to note that heirs are liable for the debts of the decedent, but only up to the value of the inherited share. For example, if an heir inherits property worth BAM 50,000.00, he or she is liable for the decedent’s debts only up to BAM 50,000.00.

What if you do not appear before the court at the probate hearing?
If you, as an heir, do not appear at the probate hearing, you will inherit your share as if you had accepted the inheritance.