Probate Procedure

Probate Procedure in the Republic of Serbia and the Role of the Attorney

The probate procedure in the Republic of Serbia is a legal process through which the composition of the estate of a deceased person is determined and distributed to heirs. This procedure is conducted in accordance with the Inheritance Law and ensures the lawful transfer of rights from the deceased to their heirs.

The role of an attorney in probate is crucial for protecting heirs’ rights, resolving disputes, and managing the procedure in compliance with the law. By engaging a qualified legal representative, heirs can ensure proper and timely protection of their interests.

What is the Probate Procedure?

The probate procedure is a legal process through which the following is determined:

• the composition of the estate (assets, rights, debts, or obligations of the deceased);

• the heirs and their shares;

• the distribution of the estate according to statutory rules or a valid will.

Role of the Public Notary in the Probate Procedure

While the court can conduct the procedure itself, it usually delegates it to a public notary within the court’s jurisdiction. The public notary:

• prepares the death certificate,

• determines the composition of the estate,

• identifies the heirs,

• conducts the probate hearing, and

• issues the inheritance decision.

Although the notary manages the procedural formalities, they primarily ensure formal legality and do not safeguard the parties’ substantive interests.
Therefore, an attorney’s role in probate is critical for protecting heirs’ rights and preventing legal issues.

In smaller jurisdictions, the court itself typically handles the procedure.

Role of the Attorney in Probate

An inheritance attorney plays a key role in representing heirs throughout the probate process. Their responsibilities may include:

• preparing and submitting the required documentation,

• providing legal advice regarding heirs’ rights and obligations,

• representing heirs before the public notary and the court,

• assisting in dispute resolution, including contesting a will or lifetime property agreements,

• ensuring protection of heirs’ rights throughout the procedure.

Initiating the Probate Procedure

The probate process may be initiated by:

• ex officio based on a death report,

• an heir, legal representative of an heir, or another person with a legal interest,

• a creditor of the deceased to recover debts from the estate.

An attorney can draft the petition to initiate probate and gather evidence regarding the rights to be adjudicated.
Often, parties who represent themselves fail to include the full scope of rights in the estate, requiring supplementary proceedings that increase costs.

Determination of the Estate and Heirs’ Rights

1. Examining the Composition of the Estate

During probate, the following is assessed:

• existence of a will,

• existence of a lifetime support contract,

• existence of a lifetime property distribution agreement,

• other legal transactions that may affect the estate.

These transactions may significantly impact the distribution of the estate or even deprive someone of inheritance rights. An attorney can verify the legal validity of these transactions and their effect on heirs’ rights.

2. Determining the Share of Each Heir

The share of each heir is determined:

• By law – if no valid will exists, statutory inheritance rules apply,

• By will – if a valid will exists, the estate is distributed according to the deceased’s final wishes.

An attorney ensures that the heirs’ rights are properly recognized in this phase.

Disputed Issues in Probate

1. Contesting Rights and Violations

Participants in the probate process may contest:

• the necessary share,

• the authenticity or validity of the will,

• contracts concerning lifetime support or lifetime property distribution.

The attorney’s greatest value lies in identifying violations of heirs’ rights and presenting them effectively during the proceedings.

2. Suspension of Probate and Referral to Litigation

If disputes arise among heirs, the probate process may be suspended until the dispute is resolved in a civil lawsuit.
Due to the complexity of litigation and strict procedural rules, heirs usually require specialized legal assistance.

Acceptance, Renunciation, and Distribution of the Estate

An heir may accept or renounce inheritance.
A declaration regarding inheritance is irrevocable, and the distribution of the estate may have legal consequences, such as additional tax obligations.
For this reason, professional legal guidance is often necessary.

Conclusion of the Probate Procedure

The probate procedure concludes with an inheritance decision, which becomes final when:

• the period for appeal expires, or

• heirs waive the right to appeal.

Professional legal assistance is occasionally essential to identify valid grounds for appeal and properly draft the appeal.

Conclusion

The probate procedure in the Republic of Serbia is a complex legal process requiring careful management and protection of heirs’ rights.
Engaging an attorney for probate is often decisive in ensuring the correct conduct of the procedure, preventing disputes, and safeguarding heirs’ rights.

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