Law Office · since 1993

Probate proceedings in Bosnia and Herzegovina

Probate procedure « inheritance law « an area of professional engagement of the law office

Author: Azur Prnjavorac, attorney at law and mediator, member of the Bar Association of Tuzla Canton · Bar Association of the Federation of B&H

Published: January 2014. | Last updated: 5 July 2026.

Legal area: inheritance law · private international law · property-legal relations

Probate proceedings in Bosnia and Herzegovina are the procedure in which, after the death of the testator, the heirs, the scope of the estate, the basis of inheritance and the rights belonging to each heir are legally determined. Although at first glance it may seem to be a formal procedure, in practice probate proceedings in B&H very often involve complex questions of inheritance, property, family and land-registry law, especially when the deceased leaves behind real estate, co-ownership shares, a disputed will, a claim for the mandatory part or heirs who live outside Bosnia and Herzegovina.

The Law Office Prnjavorac provides expert legal assistance in probate matters for parties from all cities of Bosnia and Herzegovina. Regardless of whether the probate procedure is conducted in Sarajevo, Tuzla, Mostar, Banja Luka, Zenica, Bihać, Brčko, Bijeljina, Doboj, Trebinje, Prijedor or any other city or municipality in B&H, we provide legal support in relation to the determination of heirs, the analysis of the will, the protection of the rights of mandatory heirs, the obtaining of land-registry and other documentation, as well as the implementation of the decision on inheritance before courts, notaries, the cadastre, the land registers and other competent authorities.

In inheritance matters it is particularly important to determine in good time the composition of the estate, the status of the real estate and the legal position of each heir, because a wrong approach in the initial phase often leads to disputes, the suspension of the probate proceedings and referral to litigation. For this reason, a quality legal analysis from the outset is key to protecting property and inheritance rights. On this page we provide detailed information on how probate proceedings in B&H are conducted, which documentation is required, who has the right to inherit, when there is a right to the mandatory part and how the most common disputes are resolved in practice.

The area of representation in inheritance law means the initiation of the probate procedure, the probate hearing, and representation in the probate proceedings before a court or a notary as a court commissioner until the issuance of the decision on inheritance, and then the implementation of the decision before the Tax Administration and the competent land registers in B&H. Obtaining the necessary documentation on the ownership of real estate in Bosnia and Herzegovina left by the deceased, as well as all other ownership documentation required to conduct the probate proceedings. In the field of inheritance law we also provide legal consulting, drafting and representation in the procedures for concluding a contract of lifelong support.

Very often, work on these cases contains elements of private international law.

Case law from the field of inheritance law in Bosnia and Herzegovina can be viewed on the page: inheritance law in B&H.

Frequently asked questions about probate proceedings in Bosnia and Herzegovina

Question: What is determined in the probate proceedings in Bosnia and Herzegovina?
Attorney: The probate proceedings in Bosnia and Herzegovina are conducted before a court or a notary as a court commissioner. The composition of the estate, the heirs of the deceased and the rights that belong to individual heirs should be determined in the probate proceedings. If there are no disputable elements, the probate procedure lasts for a short time. If, however, there is a dispute between the heirs over the inheritance, the court suspends the probate proceedings and refers the heirs to litigation, which can significantly prolong the conclusion of the entire procedure. Inheritance in some cases can be very complex, so the probate proceedings can last for years, especially when it comes to contesting a will by statutory heirs, disputes with mandatory heirs or disputes over proving an extramarital community.

Question: How do I make a will in Bosnia and Herzegovina?
Attorney: A will can be made by any person who has reached the age of 15 and is capable of reasoning. It is a document that determines who has the right to dispose of property in the event of death. However, even here there are certain legal restrictions. Namely, according to the law, a certain circle of persons (mandatory heirs) is entitled to the mandatory part regardless of the content of the will. In order to obtain the mandatory part, the heirs must file an objection stating that they do not acknowledge the will, after which the non-contentious court or notary refers them to initiate civil proceedings for evidence. A will is valid if it is made in the form determined by law and under the conditions prescribed by law. You can write the will in your own hand and sign it yourself, whereby it is desirable that the handwritten will also bears the date of writing.

Question: What is inheritance law in Bosnia and Herzegovina?
Attorney: Inheritance law regulates the legal rules and relations that arise after the death of the testator. Inheritance rights are acquired at the moment of the testator's death, on the basis of the law or on the basis of a will. Every heir may waive his or her inheritance right. Through inheritance, all rights and obligations are transferred from the testator to his or her heirs. If the testator has not left a will, his or her legal heirs will inherit according to the hereditary orders, whereby the rule applies that the heirs of a closer hereditary order exclude from the inheritance the persons of a further hereditary order.

Question: How is the estate (the estate mass) after the deceased determined?
Attorney: It often happens that after someone's death the heirs have to investigate which property enters the estate mass. The subject matter of inheritance are things and rights that belong to a natural person. When it comes to real estate, the estate includes all the real estate of the testator, regardless of whether it is registered in the land register and regardless of where it is located. In the case of duly registered real estate, an excerpt from the land register is sufficient as proof of ownership. If the real estate is not registered, ownership must be proven by authentic documents in your possession. When a final decision on inheritance is obtained, it must be implemented before the competent authorities (land registers, cadastre, tax authorities).

Question: Who are the mandatory heirs in Bosnia and Herzegovina?
Attorney: The mandatory heirs are the children of the testator, his or her adoptive children from full adoption and his or her spouse. Other descendants of the deceased, adoptive children from incomplete adoption and their descendants, the parents of the testator, his or her siblings, are mandatory heirs only if they are permanently incapable of work and do not have the necessary means of subsistence. The testator's descendants, his or her adoptive children and their descendants, as well as his or her marital or extramarital partner, have the right to a mandatory part which amounts to one half of the part that would belong to each of them according to the legal order of inheritance. The mandatory part of the other mandatory heirs amounts to one third of their legal part.

Question: How long do probate proceedings take in Bosnia and Herzegovina?
Attorney: When the heirs are in agreement and the documentation is in order, the probate proceedings are most often concluded within six to twelve months, and in simpler cases even earlier. The moment a disputed question arises (contesting the will, an objection regarding the mandatory part, a dispute over the composition of the estate or over an extramarital community), the court suspends the probate proceedings and refers the heirs to litigation. In such situations the total duration can be measured in years, because the probate proceedings continue only after the litigation has been finally concluded. That is why it is important already in the initial phase to realistically assess the potential points of dispute and, where possible, to try to reach an agreement between the heirs before the hearing.

Question: Which documents should I prepare for the probate proceedings?
Attorney: The court obtains the death certificate ex officio, but the procedure is accelerated when the heirs themselves prepare the basic documentation. These are the extract from the register of deaths for the testator, extracts from the registers of births and marriages for the heirs, evidence of kinship and documentation on the property of the testator. For real estate, a land register excerpt and a possession sheet are required, and for unregistered real estate a purchase contract, an earlier decision on inheritance or other documents on the legal basis of acquisition. If a will exists, it is handed over to the court for opening. For savings deposits, shares, vehicles and business shares, appropriate certificates from banks, the securities register and other competent registers are required.

Question: Do heirs inherit the debts of the deceased?
Attorney: Together with the property, the heir also inherits the obligations of the testator, but only up to the value of the inherited property. No one, therefore, is liable from his or her own personal property for the debts of the deceased beyond what has been inherited. If the testator has left more debts than property, the heirs consider renouncing the inheritance. The statement of renunciation is given to the court at the latest until the first-instance decision on inheritance is made, and it is irrevocable. Renunciation applies to the entire inheritance, which means that one cannot selectively renounce only the debts and keep the property.

Question: How are probate proceedings conducted when an heir lives abroad?
Attorney: Heirs who live in Austria, Germany, Switzerland, the USA or other countries do not have to come to Bosnia and Herzegovina in person. The procedure is conducted through an attorney whom they authorise by power of attorney to represent them before the court or notary. The power of attorney is certified by a notary in the country of residence and then further certified with an apostille stamp or in accordance with the provisions of international treaties on the legalisation of public documents. If the heir wishes to give a statement of renunciation or assignment, such a statement may also be given through the attorney, but in the form prescribed by law. In work with clients from the diaspora, the most common practical obstacle is earlier inherited property that has never been transferred to today's owners, so a supplementary probate procedure must also be initiated.

Question: What if a decision on inheritance has already been made abroad?
Attorney: A foreign court decision on inheritance, for example a decision of an Austrian or German court, does not automatically take effect in Bosnia and Herzegovina. In order for such a decision to have legal effect with regard to property located in B&H, it is necessary to conduct proceedings for the recognition of the foreign court decision before the competent court in B&H. In those proceedings the prerequisites for recognition are assessed, above all the finality of the decision, the proper jurisdiction of the foreign court and the absence of conflict with the public order of Bosnia and Herzegovina. Only a finally recognised foreign decision can serve as the basis for the registration of rights in the land register and cadastre. It is particularly important to know that real estate on the territory of B&H falls under the exclusive jurisdiction of domestic courts, so foreign courts are not competent to decide on the inheritance of such real estate.

Legal hereditary orders in Bosnia and Herzegovina

In the situation where the testator has not left a will, the legal heirs inherit according to the hereditary orders. The fundamental rule applies: the heirs of a closer order exclude the heirs of all further orders. Only when there is no living person in the first order who can inherit does the inheritance pass to the second hereditary order, and so on.

Hereditary order	Circle of heirs	Activated when
First order	The children of the testator (including adoptive children) and his or her marital or extramarital partner. If a child died before the testator, that child's descendants (grandchildren, great-grandchildren) take his or her place.	Whenever any of the listed persons exists.
Second order	The parents of the testator and his or her marital or extramarital partner. If a parent has died, that parent's descendants (the testator's siblings) inherit his or her part.	When the testator has no descendants.
Third order	The grandparents of the testator, on the father's and mother's side. If any of them has died, his or her part passes to his or her descendants (uncles, aunts).	When there are no descendants, parents or spouse.
Fourth order	The great-grandparents of the testator on all lines.	When there are no heirs from the three preceding orders.

Note: The rules of legal inheritance are prescribed by the Law on Inheritance of the FB&H (Art. 8–26), the Law on Inheritance of the RS (Art. 9–25) and the Law on Inheritance of the Brčko District of B&H. The rules on hereditary orders are essentially identical in all three regulations.

The mandatory part in the inheritance law of B&H

The mandatory part is the part of the estate that, by force of law, belongs to a certain circle of the closest relatives, even when the testator has completely excluded them by will or left them less than what belongs to them. The purpose of the institute of the mandatory part is to protect the economically weakest members of the testator's family. The amount of the mandatory part is calculated as a portion of what would have belonged to the heir had there been no will.

Circle of mandatory heirs	Amount of the mandatory part	Additional conditions
Children of the testator and their descendants	1/2 of the legal part	Without additional conditions: they are always mandatory heirs.
Adoptive children from full adoption	1/2 of the legal part	Without additional conditions: equated with biological children.
Marital and extramarital partner	1/2 of the legal part	Without additional conditions.
Parents of the testator	1/3 of the legal part	Only if they are permanently incapable of work and do not have the necessary means of subsistence.
Siblings of the testator	1/3 of the legal part	Under the same condition as the parents.

Practical example: If the testator leaves behind a spouse and two children, each of them inherits 1/3 of the estate by law. If the testator had left all the property to one child by will, the other child and the spouse would each have the right to a mandatory part of 1/2 of their legal part, that is, 1/6 of the total estate each. The difference must be settled by the heir who was left more by will than would have belonged to him or her after the mandatory parts have been settled.

Indicative duration of probate proceedings in practice

The exact duration of the probate procedure depends on a multitude of circumstances: the number of heirs, the composition of the estate, the existence of a will, whether the real estate is registered and whether all heirs are reachable. The following table gives practical time frames based on experience from legal practice, and not prescribed time limits.

Type of case	Average duration	Typical outcome
Heirs in agreement, registered property, no will	3–6 months	Often concluded in a single hearing.
Standard hearing with several heirs	6–12 months	The most common situation in practice.
Case with unregistered real estate	12–24 months	Proceedings for the determination of ownership are often conducted in parallel.
Contesting the will or a dispute over the mandatory part	2–5 years	The court suspends the probate proceedings and refers the parties to litigation.
Heir abroad (diaspora)	+2–3 months	The standard duration increased by the time for the apostille and the translation of documentation.

The most common mistakes of heirs in practice

From many years of work on probate matters, typical mistakes that heirs make and that later create unnecessary costs and complications have stood out. Most of these mistakes can be avoided by timely consultation before the probate procedure even begins.

1. Failure to report all estate property. Heirs often report only what is currently known to them, and it later turns out that the testator also had unregistered real estate, savings deposits in foreign banks, shares or business shares. For subsequently discovered property, a supplementary probate procedure must be conducted, which entails new costs and delay.

2. Informal renunciation «in favour» of a particular heir. Words spoken at the hearing have no legal force if they are not entered in the minutes in the form prescribed by law. A statement of renunciation or assignment must be given in the legal form (on the record or in a notarised document), otherwise it is null and void and the heir is deemed to accept his or her part.

3. Hasty renunciation of the entire inheritance because of debts. Renunciation is irrevocable and applies to the entire inheritance. Before an heir renounces, the full scope of the property and debts must be determined, since the liability of the heir exists in any case only up to the value of the inherited property.

4. Failure to implement the decision on inheritance. A final decision on inheritance is not the end of the matter. It must be implemented before the land registry office and the cadastre, otherwise the heir is formally and legally unable to dispose of the real estate (cannot sell, mortgage or gift it).

5. Neglecting old, unresolved estates. In B&H it is very common for real estate still to be registered in the land register in the name of a grandfather or great-grandfather. Whenever a new probate procedure is opened, such a chain of unresolved estates must be dealt with going backwards, because the property cannot be transferred if it has not been brought up to the present day by legal succession.

6. Misinterpretation of the extramarital community. An extramarital partner has the same inheritance rights as a marital partner, but only on condition that the community can be legally established. This means that the heir must prove the existence of the community (cohabitation, permanence, economic community), which in practice is a source of numerous disputes.

7. Ignoring the right to the mandatory part. Mandatory heirs often think that the right to the mandatory part «belongs to them automatically». In fact, it must be actively claimed in the probate proceedings by filing an appropriate objection against the will. Without that objection, the court acts according to the will, so any subsequent realisation of the mandatory part must be sought in litigation.

Relevant legal framework governing inheritance in Bosnia and Herzegovina:

Law on Inheritance of the Federation of Bosnia and Herzegovina ("Official Gazette of the Federation of B&H", No. 80/14)

Law on Inheritance of the Republika Srpska ("Official Gazette of the Republika Srpska", Nos. 1/2009, 55/2009 - correction, 91/2016, 28/2019 - decision of the Constitutional Court and 82/2019)

Law on Inheritance of the Brčko District of Bosnia and Herzegovina ("Official Gazette of the Brčko District of B&H", No. 36/2017)

Law on Inheritance of Bosnia and Herzegovina

Legal framework of the probate procedure in Bosnia and Herzegovina

Equality in inheritance in Bosnia and Herzegovina:

Article 3
(1) All natural persons are, under the same conditions, equal in inheritance.
(2) Foreigners are equal in inheritance with the citizens of Bosnia and Herzegovina.

The course of the probate procedure in five steps

Death certificate and initiation of the procedure. Upon the death of the testator, the registrar draws up a death certificate and delivers it to the competent municipal court according to the last place of residence of the deceased. The probate proceedings are initiated ex officio and no special initiative of the heirs is required.
Gathering of documentation. Extracts from the civil registers, evidence of kinship, land register excerpts, possession sheets, contracts, savings books, securities statements and, if it exists, the will, are obtained.
Hearing for the probate proceedings. The court or a notary as a court commissioner schedules a hearing and determines the composition of the estate, the circle of heirs and the basis of inheritance. The heirs give a declaration of inheritance on acceptance, assignment or renunciation.
Decision on inheritance. The court issues a decision on inheritance determining the shares of the heirs. Once final, the decision constitutes the basis for the registration of rights in the land register, the cadastre and other competent registers.
Implementation of the decision before the competent authorities. The final decision is implemented before the land registry office, the cadastre, the tax authority, banks and other institutions so that the property is formally transferred to the heirs.

Invitation to a probate hearing

Article 234

(1) The court shall determine a hearing for the probate proceedings.
(2) In the summons to the hearing, the court shall inform the interested persons about the initiation of the procedure and about whether a will has already been submitted to it, and shall invite them to immediately submit to the court the written will, that is, a document on an oral will or a succession contract or some other legal transaction in the event of death, if it is with them, or to name the witnesses of an oral will.
(3) In the summons, the court shall warn the interested persons that they may, until the first-instance decision on inheritance is made, give a statement of acceptance and assignment to one of the co-heirs or a statement on the renunciation of the inheritance, orally at the hearing or in the form of a notarised document, and that if they do not come to the hearing or do not give such a statement, they will be considered to want to be heirs.
(4) If the testator has left a will or a succession contract, the court shall also notify about the initiation of the probate proceedings and invite to the hearing the persons who could legally claim the right to inherit.
(5) If the testator has appointed an executor of the will, the court shall also inform him or her of the initiation of the proceedings.

Invitation by public announcement

Article 235

(1) If it is not known whether there are heirs, the court shall by public announcement invite the persons who claim a right to the inheritance to report to the court within one year from the publication of the announcement in the "Official Gazette of the Federation of B&H".
(2) The announcement shall be posted on the court's notice board and published in the "Official Gazette of the Federation of B&H" and in another appropriate manner.
(3) The court shall proceed in the same way if a temporary representative has been appointed to the heir because the heir's whereabouts are unknown and the heir has no attorney, or because the heir or the heir's legal representative, who have no attorney, are abroad or unreachable and service could not be effected.
(4) After the expiry of the time limit referred to in paragraph (1), the court shall conduct the probate hearing on the basis of the statement of the appointed custodian and the data at the court's disposal.

Subject matter of the probate proceedings

Article 236

(1) At the probate hearing, the court shall discuss all issues important for making a decision in the probate proceedings, in particular with regard to the right of inheritance, the size of the inheritance share and the right to legacies.
(2) As a rule, the court decides on the rights after it has enabled the interested persons to give the required statements. During the probate proceedings, interested persons may make statements without the presence of other interested persons, and it is not necessary in every case to allow those persons to express their views on the statements of other interested persons.
(3) The court shall decide on the rights of persons who did not come to the hearing but were duly summoned according to the data at its disposal, taking into account their written statements received until the decision is made.
(4) If the court suspects that the person claiming the right to inherit by law is the sole or closest relative of the testator, it may also hear persons whom it considers may have an equal or a stronger hereditary right, and it may invite such persons by public announcement in accordance with the provisions of Article 235 of this Law.

Declaration of inheritance

Article 237

(1) Everyone is authorised to, but no one is obliged to, give a declaration of inheritance.
(2) A person who has not made a declaration of renunciation of the inheritance is considered to want to be an heir.
(3) A person who has validly declared that he or she accepts the inheritance can no longer renounce it.
(4) The declaration of inheritance is signed, or marked with a fingerprint, by the heir or his or her representative.
(5) If the heir or his or her representative is unable to sign the declaration of inheritance, he or she shall state the reason to the authorised person, who will record this in the minutes.
(6) The declaration on the acceptance of the inheritance or on the renunciation of the inheritance submitted to the court must be notarised, as well as the power of attorney for giving the declaration of inheritance. The heir may also give this declaration or power of attorney, with the same legal effect, before the consular or diplomatic representative of Bosnia and Herzegovina who performs consular affairs.
(7) The statement should indicate whether the heir accepts or renounces the part that belongs to him or her on the basis of the law, on the basis of the succession contract or on the basis of the will, or whether the statement refers to the mandatory part.
(8) If the heir does not state in the declaration of inheritance whether the declaration refers to what belongs to him or her by law, by succession contract or by will, or as a mandatory part, the declaration shall be deemed to apply to the inheritance on any basis.
(9) The court will not request a declaration of inheritance from anyone, but the heir who wishes to make a declaration may do so orally before the probate court on the record, that is, by handing over to the probate court the document referred to in paragraph 6 of this Article.
(10) When giving a declaration of renunciation of the inheritance, the authorised person will warn the heir that he or she can renounce the inheritance only in his or her own name, or also in the name of his or her descendants.

Objection to the inventory

Article 238

(1) If the parties object to the inventory, the court may, if it considers it necessary, order the court clerk or the notary to carry out the inventory again.
(2) If the inventory of the property has not been carried out, the court may, on the basis of the data provided by the interested persons, itself determine what enters the estate.

Referral to litigation due to a dispute

Article 239

(1) The court shall suspend the probate proceedings and refer the parties to litigation or to proceedings before an administrative authority if there are disputed facts between the parties on which some of their rights depend.
(2) The court shall proceed in the manner provided for in paragraph (1) of this Article in particular if the disputed facts are those: 1) on which the hereditary right depends, and in particular the validity or content of the succession contract or the will, or the relationship between the heir and the testator on the basis of which the inheritance is acquired by law; 2) on which the size of the hereditary share, the value of the mandatory part or the inclusion in the hereditary share depends; 3) on which the justification for the exclusion of mandatory heirs or the existence of grounds for unworthiness depends; 4) whether a person has renounced the inheritance; 5) on which the merits of the claim of the surviving spouse and the descendants of the testator, who lived with the testator in the same household, that household items serving to satisfy daily needs be separated from the estate, depend.
(3) If in the stated cases there is no dispute about the facts but the parties dispute the application of the law, the probate court will not suspend the probate proceedings but will discuss the legal questions in the probate proceedings.

Article 240

(1) If there are disputed facts between the parties on which the right to a legacy determined by will or another right depends, the court shall refer the parties to litigation or to proceedings before an administrative authority, but shall not suspend the probate proceedings.
(2) If in the case referred to in paragraph (1) there is no dispute about the facts but only about the application of the law, the probate court shall discuss those legal questions in the probate proceedings.

Article 241

(1) The court shall suspend the probate proceedings and refer the parties to litigation or to administrative proceedings if there are disputed facts between the parties: 1) on which the composition of the estate depends; 2) on which the subject of a legacy depends; 3) if there is a dispute between the heirs regarding the claim of the surviving spouse or the descendants of the testator who lived with the testator in a community to have separated from the estate the part corresponding to their contribution to the increase in the value of the testator's property.
(2) The court shall not suspend the proceedings in the case referred to in paragraph (1) if the disputed facts can be established on the basis of public documents; instead, on the basis of the presumption that the content of those documents is true, it shall issue a decision on inheritance and refer the party claiming the contrary to prove this in litigation or in administrative proceedings.
(3) When the court suspends the proceedings in the case referred to in paragraph (1), it shall first examine whether the prerequisites for issuing a partial decision on inheritance have been met, and shall issue it if they have been met.
(4) The suspension of the proceedings referred to in paragraph (1) does not apply to what is covered by the partial decision on inheritance.

Who is referred to litigation and the duration of the suspension

Article 242

(1) The court shall refer to litigation or administrative proceedings the party whose right it considers less probable.
(2) If the court suspends the proceedings, it shall set a time limit, which may not be longer than 30 days, within which the referred party is to initiate litigation or administrative proceedings and notify the probate court of the initiation.
(3) If the party acts in accordance with the court's decision within the set time limit, the suspension of the proceedings shall last until the litigation or administrative proceedings have been finally concluded.
(4) If the party does not act in accordance with the court's decision within the set time limit, the suspended proceedings shall be continued and completed regardless of the claims in respect of which the party was referred to litigation or administrative proceedings. In that case, the party referred to litigation or administrative proceedings may exercise its rights in the proceedings to which it was referred.
(5) If the probate court acted in accordance with paragraph (4) of this Article, and also in the event that it dealt with the estate although it should have referred the party to litigation or administrative proceedings, the finality of the decision of the probate court does not prevent litigation or administrative proceedings from being initiated with regard to the respective claim.

A. LEGAL HEIRS

1. HEREDITARY ORDERS

Circle of legal heirs

Article 8

(1) Unless otherwise provided by this Law, on the basis of the law the deceased shall be inherited by: all his or her descendants, his or her adoptive children and their descendants, his or her spouse, his or her parents, his or her adoptive parents, his or her siblings and their descendants, his or her grandparents and their descendants, and his or her other ancestors.
(2) The persons referred to in paragraph (1) of this Article inherit according to the hereditary orders.
(3) The heirs of a closer hereditary order exclude from the inheritance the persons of a further hereditary order.

Extramarital partner as a legal heir

Article 9

(1) Pursuant to the law, the testator is also inherited by his or her extramarital partner, who is equal to the spouse in the right of inheritance.
(2) For the purposes of this Law, an extramarital union is considered to be a community of life between a woman and a man in accordance with the provisions of the law governing family relations, which ended with the death of the testator.

a) First hereditary order

Descendants and spouse of the testator

Article 10

(1) The testator is inherited primarily by his or her children and his or her spouse.
(2) The heirs of the first hereditary order inherit in equal parts.
(3) When the testator has no descendants, the spouse shall not inherit in the first hereditary order.

The right of representation

The part of the estate that would have belonged to a child who died earlier, had that child survived the testator, is inherited by that child's children, the testator's grandchildren, in equal parts; and if one of the grandchildren died before the testator, the part that would have belonged to that grandchild had he or she been alive at the time of the testator's death is inherited by that grandchild's children, the testator's great-grandchildren, in equal parts, and so on for as long as there are descendants of the testator.

b) Second hereditary order

Spouse and parents of the deceased

Article 11

(1) The estate of the deceased who has left no descendants shall be inherited by his or her spouse and his or her parents.
(2) The parents of the deceased shall inherit one half of the estate in equal parts, and the other half of the estate shall be inherited by the spouse of the deceased.
(3) If the deceased has left no spouse, the parents of the deceased shall inherit the entire estate in equal parts.

Siblings of the deceased and their descendants

Article 12

(1) If one of the testator's parents died before the testator, the part of the estate that would have belonged to that parent, had he or she survived the testator, is inherited by that parent's children (the testator's brothers and sisters), grandchildren, great-grandchildren and further descendants, according to the rules that apply when the deceased is inherited by his or her children and other descendants.
(2) If both of the testator's parents died before the testator, the part of the estate that would have belonged to each of them, had they survived the testator, shall be inherited by their descendants, in accordance with the provisions of paragraph (1) of this Article.
(3) In all cases, the testator's siblings on the father's side inherit in equal parts the father's part of the estate, siblings on the mother's side inherit in equal parts the mother's part, and full siblings inherit in equal parts with the siblings on the father's side only the father's part and with the siblings on the mother's side only the mother's part.

Inheritance where one parent died without descendants

If one of the testator's parents died before the testator and left no descendants, the part of the estate that would have belonged to that parent, had he or she survived the testator, is inherited by the other parent; and if that parent also died before the testator, his or her descendants inherit what would have belonged to both parents, in accordance with the provision of Article 12 of this Law.

c) Third hereditary order

Grandparents of the deceased

Article 13

(1) A testator who leaves no descendants, no spouse and no parents, and whose parents have left no descendants, is inherited by his or her grandparents.
(2) One half of the estate is inherited by the grandfather and grandmother on the father's side, and the other half by the grandfather and grandmother on the mother's side.

The rights of grandparents of the same lineage

(1) Grandparents of the same lineage inherit in equal parts.
(2) If one of the ancestors of the lineage referred to in paragraph (1) died before the testator, the part of the estate that would have belonged to that ancestor, had he or she survived the testator, shall be inherited by that ancestor's children and descendants, according to the rules that apply when the deceased is inherited by his or her children and other descendants.
(3) In everything else, the rules according to which the testator's parents and their descendants inherit shall apply to the hereditary right of the grandparents of one lineage and their children.

d) Fourth hereditary order

Great-grandparents of the deceased

When a testator has left no heirs of the first three hereditary orders, the estate is inherited by his or her great-grandparents. One half of the estate is inherited by the great-grandparents on the father's side, and the other half by the great-grandparents on the mother's side. Within each side, the estate is divided by lineage according to the same rules that apply to grandparents, so that the parents of the testator's grandparents are the last statutory heirs before the estate, in the absence of any heir, passes to the Federation of Bosnia and Herzegovina, that is, the respective canton or municipality.

Glossary of basic inheritance-law terms

Inheritance law uses technical terminology that can confuse parties who encounter the probate procedure for the first time. The following short glossary explains the most important terms as they are used in the legislation and in the case law of the courts in B&H.

Testator: The natural person after whose death the probate proceedings are conducted. In the legislation and case law the term «de cuius» is also used.
Estate mass: The set of all rights and obligations of the testator that are capable of being inherited: real estate, movables, funds, shares, business shares, claims and debts.
Declaration of inheritance: A statement by which the heir accepts the inheritance, renounces it or assigns it to another heir. It is given to the court until the first-instance decision on inheritance is made and it is irrevocable.
Mandatory part: The part of the estate that belongs by law to the closest relatives of the testator, regardless of the content of the will. It amounts to one half (for descendants and the marital or extramarital partner) or one third (for parents and siblings, under special conditions) of the legal part.
Legal part: The part of the estate that would belong to the heir according to the legal order of inheritance, had there been no will. It serves as the basis for calculating the mandatory part.
Will: A unilateral declaration of the last will of the testator disposing of his or her property in the event of death. It must be made in the form prescribed by law.
Death certificate: The document that the registrar delivers to the competent court after a person's death and that constitutes the formal basis for the initiation of the probate procedure ex officio.
Court commissioner (notary): A notary whom the court, in accordance with the Law on Non-Contentious Procedure and the Law on Notaries, entrusts with conducting the probate hearing and issuing the decision, which the court confirms.
Legal succession: The transfer of rights and obligations from the testator to the heirs. Universal (inheritance of the entire property) or singular (a legacy).
Legacy: An individual disposition in the will by which the testator leaves a specific thing or right to a particular person without appointing that person as an heir.
Habitatio (right of residence): The right of lifelong residence in a particular apartment or house, most often established in favour of the surviving marital partner.
Supplementary probate procedure: A subsequent probate procedure conducted when, after the final conclusion of the original procedure, the existence of additional, unreported property of the testator is established.

Do you need legal assistance in a probate procedure?

The Law Office Prnjavorac conducts probate procedures in all municipalities and cantons of Bosnia and Herzegovina, as well as cases with a foreign element for clients from Austria, Germany, Switzerland, the USA and other countries. Representation by power of attorney, without the need to come to B&H in person.

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Last updated: 5 July 2026 | Law Office Prnjavorac | Author: Azur Prnjavorac, attorney at law

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