Inheritance Law Attorney in Bosnia and Herzegovina (B&H): Probate Proceedings, Testamentary and Legal Inheritance, Inheritance Disputes
Author: Azur Prnjavorac, attorney at law | Updated:
Written by Azur Prnjavorac, Attorney-at-Law |
- In the Federation of BiH probate proceedings are conducted at first instance by the municipal court, or by a notary to whom the court entrusts them (Art. 200 Inheritance Act of FBiH). In Republika Srpska the procedure is governed by the rules on non-contentious procedure, not by the Inheritance Act.
- In the first order the children and the spouse inherit in equal shares (Art. 10 Inheritance Act of FBiH; Art. 9 Inheritance Act of Republika Srpska).
- The forced share is one half of the statutory share for children, adoptees and the spouse, and one third for the remaining forced heirs (Art. 29(2) Inheritance Act of FBiH; Art. 31(2) Inheritance Act of Republika Srpska). Other descendants, the parents and the siblings are forced heirs only if permanently unable to work and without the necessary means of subsistence.
- Uncontested proceedings typically conclude in 2 to 6 months; contested cases may exceed one year.
- Heirs from the diaspora can complete the entire process via a certified power of attorney, no personal visit to BiH required.
- The estate passes to the heirs by operation of law at the moment of death (Art. 162 Inheritance Act of FBiH; Art. 153 Inheritance Act of Republika Srpska); the probate decision merely establishes this. Until registration, however, the heir is an off-register owner and cannot validly sell or mortgage the property.
The issue of inheritance in Bosnia and Herzegovina is rarely reduced to a simple division of what someone left behind. What initially appears to be a clear and uncomplicated matter, in practice almost always reveals layers that heirs are not even aware of at the first moment. Unharmonized land registers in BiH, property spread from Sarajevo to Bijeljina, Tuzla, and Mostar, unpaid debts of the deceased, gifts made years before death, unclear testamentary dispositions, these are all elements that turn an ordinary probate matter into a legal challenge that requires knowledge, lawyer experience in inheritance law, and a careful strategy.
Choosing the right attorney in this process is not a formality. An inheritance law attorney in BiH must be familiar with both entity legislation and the practical differences in conducting proceedings before courts and notaries in the Federation of BiH, Republika Srpska, and the Brčko District. It is precisely here that the difference between quality legal representation and an improvised approach becomes most visible.
Long-standing experience in inheritance law
The Prnjavorac Law Office has for years provided comprehensive legal assistance to citizens facing inheritance issues, whether it involves initiating probate proceedings, protecting denied inheritance rights, contesting wills, dividing immovable and movable property, or complex cases where heirs live on different continents and the property is located throughout Bosnia and Herzegovina from Sarajevo, from Tuzla to Banja Luka.
We represent clients throughout Bosnia and Herzegovina, as well as in litigation, non-litigation, and land registry proceedings in Sarajevo, Tuzla, Banja Luka, Bijeljina, Mostar, Zenica, Doboj, Prijedor, Trebinje, and all other cities in Bosnia and Herzegovina.
Our approach is based on a detailed analysis of each case before even the first step is taken. We believe that the most important part of the work begins far before the courtroom, in conversation with the client, reviewing documentation, and creating a legal plan that leads to a concrete result.
When is the right moment to hire an inheritance attorney
Many citizens turn to an attorney only when an inheritance issue has already escalated into a dispute. However, experience shows that the smartest move is to seek legal advice right at the very beginning, while it is still possible to avoid mistakes that later cost both time and money.
Hiring an attorney for probate proceedings is particularly justified in situations when: it is not known what all is included in the property left behind; there are multiple heirs with different expectations; the deceased gifted a significant portion of property during their lifetime; there is a will the validity of which is being questioned; real estate is unrecorded or recorded in the names of third parties; a portion of the heirs lives abroad; or family relations are disrupted to the extent that dialogue is no longer possible.
Whether you are inheriting a family house on a hillside above Mostar, an apartment in the center of Sarajevo, arable land in the plains around Bijeljina, or business premises in Tuzla, the essence is the same: the legal framework of inheritance in Bosnia and Herzegovina requires every situation to be viewed as a whole, rather than through partial moves.
Areas of inheritance law in which we provide representation and counseling
An inheritance case can encompass a whole range of interconnected legal issues. We approach each of these issues with equal attention, because an oversight in one segment can jeopardize the heir's entire position.
Our services include: representation in probate proceedings from start to finish; legal analysis and interpretation of wills; requests for protection of the heirs' forced share; filing lawsuits to contest the validity of a will; conducting inheritance division proceedings, both consensual and judicial; representation in litigation proceedings arising from inheritance relationships; resolving land registry issues resulting from multi-generational inheritance; and full representation of clients from the diaspora via power of attorney.
Cases involving overlapping jurisdictions between entities, a combination of legal and testamentary inheritance, or property in several different cities, from Banja Luka to Zenica, from Tuzla to Trebinje, require special coordination and knowledge of procedural differences in every part of Bosnia and Herzegovina.
Orders of succession in BiH: an overview
| Order of succession | Who inherits | Condition of application | Legal basis |
|---|---|---|---|
| I (first) order | Children of the deceased - and, in place of a child who died earlier, that child's descendants by right of representation - together with the spouse, in equal shares | Where the deceased has descendants. Where there are none, the spouse does not inherit in the first order (Art. 10(3) Inheritance Act of FBiH; the RS Act has no express provision, the same result follows from the rules on the second order) | Art. 10 and 11 Inheritance Act of FBiH; Art. 9 and 10 Inheritance Act of Republika Srpska |
| II (second) order | Parents (one half, in equal shares) and the spouse (one half). In place of a parent who died earlier, that parent's children - the deceased's brothers and sisters - and their descendants inherit. If no spouse survives, the parents take the whole estate | If the deceased has no descendants | Art. 12, 13 and 14 Inheritance Act of FBiH; Art. 11, 12, 13 and 14 Inheritance Act of Republika Srpska |
| III (third) order | Grandparents and, in their place, their descendants; one half on the father's and one half on the mother's side | Where there are no descendants, no spouse, and no parents or descendants of theirs - a surviving spouse excludes this order | Art. 15, 16 and 17 Inheritance Act of FBiH; Art. 15, 16 and 17 Inheritance Act of Republika Srpska |
| IV (fourth) order | Great-grandparents; one half on the father's and one half on the mother's side | If there are no heirs of the preceding orders | Art. 18 and 19 Inheritance Act of FBiH; Art. 18 Inheritance Act of Republika Srpska |
Probate proceedings: how they are conducted and why representation is key
Probate proceedings are the legal mechanism through which heirs are determined, the composition of the estate is marked, and a decision is issued regarding who inherits what.
Mistakes made in probate proceedings have a deep and often irreparable effect. Untimely reporting of property, a misinterpreted statement of acceptance or renunciation of inheritance, leaving the proceedings without legal knowledge, these are all situations that years later generate new disputes, lawsuits, and costs.
Hiring a lawyer in probate proceedings is not a luxury, it is a precautionary measure that protects Your interests from the first hearing until the finality of the decision.
Debts of the deceased and renunciation of the inheritance
An heir is liable for the debts of the deceased only up to the value of the inherited property and never with their own assets. Where there are several heirs they are jointly and severally liable, each up to the value of their own share, whether or not the estate has been divided; among themselves the debts are apportioned in proportion to their shares (Art. 172 Inheritance Act of FBiH; Art. 163 Inheritance Act of Republika Srpska). An heir who has renounced the inheritance is not liable for the debts of the deceased.
In the Federation of BiH renunciation is declared by a notarially processed document or by a statement recorded by the court, and only until the first-instance decision is rendered (Art. 163 Inheritance Act of FBiH); in Republika Srpska by a statement until the conclusion of the estate hearing (Art. 154 Inheritance Act of Republika Srpska). The renunciation extends to the descendants of the person renouncing unless they expressly declare that they renounce in their own name only. The statement cannot be revoked, which makes it one of the few steps in an inheritance matter that cannot be undone.
Creditors of the deceased may request, within three months of the opening of the succession, that the estate be separated from the heirs' own assets (Art. 173 Inheritance Act of FBiH; Art. 164 Inheritance Act of Republika Srpska).
Testamentary inheritance, forced share, and contesting a will
The existence of a will/testament does not mean that all answers have been given. On the contrary, a will often opens more questions than it solves. Was it written in a form that the law accepts? Was the testator capable of reasoning at the moment it was composed? Did someone exert pressure on them? Does the will respect the limits that the law sets in favor of the closest relatives?
One of the most significant questions in this context is the right to a forced share of the inheritance. The law protects a certain circle of heirs by guaranteeing them a share in the estate that a will cannot eliminate. The forced heirs are the children of the deceased, the adoptees and the spouse; other descendants, the parents and the siblings are forced heirs only if they are permanently unable to work and lack the necessary means of subsistence (Art. 28 Inheritance Act of FBiH; Art. 30 Inheritance Act of Republika Srpska). The forced share of the first group is one half, and that of the others one third of what they would receive under the statutory order of succession (Art. 29 Inheritance Act of FBiH; Art. 31 Inheritance Act of Republika Srpska). When the testator, by will or by gifts made during their lifetime, violates this legally established minimum, the aggrieved heirs have the right to judicial protection.
Contesting a will and claiming a forced share are tied to precise statutory time limits, set out in the table of time limits below. It is essential to know that the forced share is not applied of the court's own motion: only forced heirs may seek a reduction of testamentary dispositions and the return of gifts (Art. 43 Inheritance Act of FBiH; Art. 45 Inheritance Act of Republika Srpska). An heir who says nothing about it at the probate hearing cannot expect the court or the notary to do it for them. Our office provides legal assistance in these matters throughout the entire territory of Bosnia and Herzegovina, with special attention to evidentiary actions and procedural strategy.
Time limits in inheritance matters
Time limits in inheritance matters are preclusive: once they expire the right is lost permanently, whether or not the heir knew of it. The table sets out the limits laid down by the inheritance acts of both entities.
| Action | Time limit | Running from | Legal basis |
|---|---|---|---|
| Annulment of a will for incapacity, threat, coercion, fraud or mistake | 1 year | from learning of the ground of nullity | Art. 64 Inheritance Act of FBiH; Art. 66 Inheritance Act of Republika Srpska |
| The same claim - outer limit | 10 years | from the promulgation of the will | Art. 64 Inheritance Act of FBiH; Art. 66 Inheritance Act of Republika Srpska |
| Annulment of a will for a defect of form | 1 year, at most 10 years | from learning of the will, respectively from its promulgation | Art. 65 Inheritance Act of FBiH; Art. 99 Inheritance Act of Republika Srpska |
| Annulment of a will against a person in bad faith | 20 years | from the promulgation of the will | Art. 64 Inheritance Act of FBiH; Art. 66 Inheritance Act of Republika Srpska |
| Reduction of testamentary dispositions to satisfy the forced share | 3 years | from the promulgation of the will | Art. 44 Inheritance Act of FBiH; Art. 46 Inheritance Act of Republika Srpska |
| Return of gifts to satisfy the forced share | 3 years | from the death of the deceased | Art. 44 Inheritance Act of FBiH; Art. 46 Inheritance Act of Republika Srpska |
| Statement renouncing the inheritance | until the first-instance decision (FBiH), respectively until the conclusion of the estate hearing (RS) | - | Art. 163 Inheritance Act of FBiH; Art. 154 Inheritance Act of Republika Srpska |
| Creditors' request to separate the estate | 3 months | from the opening of the succession | Art. 173 Inheritance Act of FBiH; Art. 164 Inheritance Act of Republika Srpska |
| Heir's claim for delivery of the estate | FBiH: 1 year, at most 10 years (20 against a possessor in bad faith). RS: not subject to limitation | from learning of the right and of the possessor | Art. 171 Inheritance Act of FBiH; Art. 162 Inheritance Act of Republika Srpska |
The limits generally run from the promulgation of the will or from the death of the deceased, not from the moment the heir discovered that their right had been infringed. Any case involving a will or a substantial lifetime gift should therefore be reviewed at once.
Division of inherited property: when heirs cannot reach an agreement
A final decision on inheritance is only the beginning of a new phase. Heirs who have received a co-ownership share by decision must somehow agree on who will use the apartment, who will cultivate the land, who will bear the costs of maintaining the house, and in what way the entire property will ultimately be divided.
In practice, it is precisely this phase that produces the most conflicts. A brother who has been using the family house for years without compensation to the others. A sister who invested in renovation but has no proof. An heir from Germany who wants a sale, while the one in Bosnia and Herzegovina insists that it be kept. Such scenarios are not the exception, they are the rule in a large number of inheritance cases.
A division can be consensual, if all heirs agree, or judicial, if an agreement is not possible. In both cases, it is essential to precisely determine what is being divided, what its value is, whether a physical division is feasible, and under what conditions.
Inheriting real estates: land registers, cadastre, and registration of rights
Real estates are the heart of most inheritance cases in Bosnia and Herzegovina, but simultaneously the greatest source of complications. The state of land registers in Bosnia and Herzegovina is historically burdened: entries are often outdated, the cadastre and land registry (gruntovnica) do not align, and real estate can be formally registered in the name of a person who passed away several decades ago.
This problem particularly affects cities where real estates are most valuable. In Sarajevo, we not infrequently find apartments that still stand in the name of a pre-war owner, even though they have been inherited two or three times in the meantime. In Tuzla, we encounter incomplete documentation for privatized apartments. In Banja Luka and Bijeljina, cases of unresolved rights on construction and agricultural land are frequent. In Mostar, additional difficulties are created by specific circumstances related to property in the old city core.
A decision on inheritance by itself does not mean that you have become the owner in a legal sense. Without registration in the land registers, an heir cannot sell, pledge, or otherwise dispose of the real estate. Therefore, every inheritance case involving real estate is simultaneously a land registry case, and we ensure that both sides are covered.
Legal assistance for heirs from the diaspora: from power of attorney to finality / legal validity
It is estimated that more than a million citizens originating from Bosnia and Herzegovina live abroad. When the death of a family member occurs, heirs from Germany, Austria, Switzerland, Scandinavian countries, the United States of America, or Canada face a series of practical obstacles: the language of documents, differences in legal systems, the certification of powers of attorney at a consulate or with a notary in the country of residence, and the need for an Apostille seal/certificate.
In the vast majority of cases, personal presence in Bosnia and Herzegovina is not necessary. Legal steps can be taken through a properly drafted and certified power of attorney, and the entire process, from the reporting of property to the finality of the decision, can be conducted without a single trip.
Our office is particularly experienced in working with clients residing outside of Bosnia and Herzegovina. Communication is conducted electronically and by telephone; we prepare the documentation so that it is harmonized with the requirements of the country in which the heir lives, and we inform the client at every step about the status of the case.
Representation in inheritance cases by cities in Bosnia and Herzegovina
Inheritance Law Attorney Sarajevo
As the administrative and economic center of the state, Sarajevo concentrates the largest number of inheritance cases in Bosnia and Herzegovina. Apartments in ownership, privatized apartments, family houses on the outskirts of the city, garages, business premises, these are all elements that regularly appear in probate proceedings before municipal courts in the area of Sarajevo Canton. If you are looking for an inheritance law attorney in Sarajevo, our office is at your disposal for consultation and representation.
Inheritance Law Attorney Tuzla
Tuzla Canton is characterized by frequent inheritance cases in which issues of privatized apartments, construction and agricultural land, and multi-generational inheritance chains that were never fully resolved are intertwined. Before the Municipal Court in Tuzla, we represent heirs in probate hearings, divisions, and all related litigation proceedings. For an inheritance law attorney in Tuzla, contact us.
Inheritance Law Attorney Banja Luka
In the Federation of BiH the probate proceeding is conducted at first instance by the municipal court, or by a notary to whom the court entrusts its conduct (Art. 200 Inheritance Act of FBiH). The Inheritance Act of Republika Srpska governs substantive inheritance law, while the procedure itself follows the rules on non-contentious procedure, so the procedural dynamic differs in practice. Banja Luka, as the largest city in Republika Srpska, has a pronounced number of inheritance cases concerning residential and business real estate, but also significant agricultural and construction land in the wider surroundings. If you need an inheritance law attorney in Banja Luka, turn to us with confidence.
Inheritance Law Attorney Bijeljina
Bijeljina and the wider Semberija region are well-known for inheritance issues involving agricultural land, as well as residential properties with complex ownership relations dating back to earlier periods. We represent clients before notaries and courts in Bijeljina, including complex cases with international elements. Do you need an inheritance law attorney in Bijeljina? Contact us.
Inheritance Law Attorney Mostar
Mostar and the Herzegovina-Neretva Canton present specific challenges in inheritance law. Real estates in the old part of the city, family houses in suburban settlements, vineyards, and olive groves in the wider region, each of these types of property carries its own legal peculiarities. Our office represents clients before the Municipal Court in Mostar in all types of inheritance cases. For an inheritance law attorney in Mostar, reach out to us.
Inheritance Law Attorney Mostar
Mostar and the Herzegovina-Neretva Canton bring specific challenges in inheritance law. Real estate in the old part of the city, family houses in the suburban settlements, vineyards and olive groves in the wider region: each of these types of property carries its own legal particularities. Our office represents parties before the Municipal Court in Mostar in all types of inheritance cases. For an inheritance law attorney in Mostar, contact us.
Reasons for hiring the Prnjavorac Law Office for an inheritance case
The difference between a well-managed and a poorly managed inheritance case is not measured only by the final outcome, but also by how much time, money, and nerves were spent on the way to that outcome. Our goal is for every case we are involved in to be resolved with as few unnecessary steps as possible, as few procedural surprises as possible, and with the greatest possible legal certainty for our clients.
Hiring an inheritance law attorney is not an expense, it is an investment in protecting what belongs to you by law. The most valuable legal aid is the one which prevents a problem before it arises. And when a problem already exists, the most important thing is the expertise that resolves it efficiently and to the end.
Contact us
Prnjavorac Law Office provides comprehensive legal assistance in all aspects of inheritance law in Bosnia and Herzegovina: probate proceedings, testamentary and legal succession, protection of the forced share, division of inheritance, inheritance of real estate, and land registry proceedings.
Tell us in two sentences what happened - we will come back to you with a concrete first step. You do not need a single document for the first conversation.
- Phone: +387 35 258 110 · Mobile: +387 61 633 539
- E-mail: advokat@advokat-prnjavorac.com
- Office: Đorđa Mihajlovića 10b, 75000 Tuzla, Bosnia and Herzegovina
- From abroad: the case is conducted under a duly certified power of attorney - how that works, step by step
Governing legislation
Inheritance law in Bosnia and Herzegovina is not uniform: the Federation of BiH, Republika Srpska and the Brčko District each have their own inheritance act. The basic scheme of the orders of succession is similar, but the solutions differ in details that can be decisive in an individual case. The statements on this page rely on the following legislation:
- Inheritance Act of the Federation of Bosnia and Herzegovina, Official Gazette of the Federation of BiH No. 80/14 - full text
- Inheritance Act of Republika Srpska, Official Gazette of Republika Srpska Nos. 1/09, 55/09 - corrigendum, 91/16, 28/19 - Constitutional Court decision, 82/19 - full text
- Inheritance Act of the Brčko District of BiH - full text
One difference that is often overlooked: the Inheritance Act of FBiH expressly equates the extramarital partner with the spouse for the purposes of succession, provided the community of life existed until the death of the deceased (Art. 9 Inheritance Act of FBiH). The Inheritance Act of Republika Srpska speaks only of the spouse, and equates extramarital kinship with marital kinship only as regards the descent of a child (Art. 4 Inheritance Act of Republika Srpska). The position of an extramarital partner therefore cannot be assumed in advance; it depends on which act applies.
Clients abroad. We conduct this procedure also for clients living in Germany, Austria, Switzerland, the United States and other countries, under a power of attorney certified at a BiH consulate or before a notary, without travelling to Bosnia and Herzegovina.
Supreme Court case law
What the Supreme Court says about inheritance law
If the imminent death of the recipient of support was certain and known as such to the provider of support, which deprives the contract of its aleatory character, then the provider's conduct in concluding the contract of lifetime support was contrary to the principle of good faith and fair dealing and to public morals, which renders the contract void.
Supreme Court of the Federation of BiH, Bulletin 1-2/2024, No. 32 0 P 379568 24 Rev of 07.11.2024 (translation from Bosnian; original decision: advokat-prnjavorac.com)
- The defendant is also liable to the injured party's heir for the insurer's obligation (Bulletin 1-2/2024, 03.10.2024)
- Universal succession leads by operation of law to procedural succession (Bulletin 1-2/2024, 02.10.2024)
- Loan insurance, death of the borrower (Extraordinary revisions, June 2026, 09.04.2024)
Every decision in the collection is listed with the holding, the legal basis, the case number and the date; the collection is in Bosnian. Our office reads the relevant case law for you and explains it in English. Case law by practice area
Questions and Answers on Inheritance Law in Bosnia and Herzegovina
What is the order of succession if the deceased did not leave a will/testament?
Where there is no will, the rules of intestate succession apply. The first order comprises the children of the deceased and the spouse, who inherit in equal shares; in place of a child who died earlier, that child's own descendants inherit by right of representation (Art. 10 and 11 Inheritance Act of FBiH; Art. 9 and 10 Inheritance Act of Republika Srpska). The second order applies only where the deceased left no descendants: the parents take one half of the estate in equal shares and the spouse takes the other half, and in place of a parent who died earlier that parent's children - the deceased's brothers and sisters - and their descendants inherit (Art. 12 and 13 Inheritance Act of FBiH; Art. 11 and 12 Inheritance Act of Republika Srpska). If no spouse survives, the parents take the whole estate. The third order, the grandparents, is reached only where there are no descendants, no spouse, and no parents or descendants of theirs - so a surviving spouse excludes the grandparents and all more remote relatives (Art. 15 Inheritance Act of FBiH; Art. 15 Inheritance Act of Republika Srpska).
What exactly does the forced share of an inheritance imply and to whom does it belong?
The forced share is the portion of the estate the deceased cannot dispose of freely. The forced heirs are the children of the deceased, the adoptees and the spouse; other descendants, the parents and the siblings are forced heirs only if they are permanently unable to work and lack the necessary means of subsistence (Art. 28 Inheritance Act of FBiH; Art. 30 Inheritance Act of Republika Srpska). The circle of adoptees is not defined identically: the FBiH Act refers to adoptees from full adoption, while the RS Act refers to adoptees under its Art. 21. The amount is not the same for everyone: the forced share of children, adoptees and the spouse is one half, and that of the remaining forced heirs one third of what they would receive under the statutory order of succession (Art. 29(2) Inheritance Act of FBiH; Art. 31(2) Inheritance Act of Republika Srpska). A person is a forced heir only where the statutory order calls them to inherit at all, so parents of a deceased who left children have no forced share. The forced share is not applied of the court's own motion: only forced heirs may seek a reduction of testamentary dispositions and the return of gifts (Art. 43 Inheritance Act of FBiH; Art. 45 Inheritance Act of Republika Srpska), within three years of the promulgation of the will, or three years of the death of the deceased where the return of gifts is sought (Art. 44 Inheritance Act of FBiH; Art. 46 Inheritance Act of Republika Srpska).
How is a probate proceeding initiated in Bosnia and Herzegovina?
The registrar responsible for entering the death draws up the death notice and must submit it to the court within 15 days of the entry, so the proceeding is as a rule initiated ex officio (Art. 216 Inheritance Act of FBiH). In the Federation of BiH the probate proceeding is conducted at first instance by the municipal court, or by a notary to whom the court entrusts its conduct (Art. 200 Inheritance Act of FBiH). The heirs may also initiate the proceeding themselves by filing a petition. In Republika Srpska the probate procedure is not governed by the Inheritance Act but by the rules on non-contentious procedure. If the deceased died abroad and the death has not been entered in the register of deaths in BiH, no death notice comes into existence and the proceeding will not start by itself: the death must first be registered subsequently, and only then can the heirs file a petition.
Can heirs living abroad be represented without personally coming to Bosnia and Herzegovina?
Yes. Heirs from the diaspora can authorize an attorney in Bosnia and Herzegovina to undertake all legal actions in their name during probate and other inheritance proceedings. The power of attorney is certified at a diplomatic or consular mission of Bosnia and Herzegovina, in which case no further authentication is required, or before a notary in the country of residence. Where a foreign notary certifies it, an apostille is not always required: Bosnia and Herzegovina has legal assistance treaties with a number of states which exempt documents from legalisation, so this should be checked before obtaining an apostille. The content of the power of attorney matters as much as its certification, since an heir may renounce the inheritance only by a notarially processed document or by a statement recorded by the court (Art. 163 Inheritance Act of FBiH). With a power of attorney prepared in this way the probate proceeding is as a rule conducted without the heir travelling to BiH.
How long does a probate proceeding usually take in Bosnia and Herzegovina?
The timeframe varies depending on the complexity of the case. Uncontested proceedings in which all heirs are in agreement and the documentation is complete are in practice most often concluded within two to six months, but the period depends on the court or notary and is not guaranteed. However, cases involving disputes, missing documentation, unregistered real estate, or heirs living abroad can last a year or longer, especially if additional litigation or land registry proceedings are initiated.
What are the grounds for contesting a will under the laws of Bosnia and Herzegovina?
A will is null if the testator lacked the capacity to reason or had not reached the age of 15, if it was made under threat or coercion, or if the testator decided to make it as a result of fraud or mistake (Art. 62 and 63 Inheritance Act of FBiH; Art. 64 and 65 Inheritance Act of Republika Srpska). A defect of the legally prescribed form is a separate ground. The time limits are short and run from the promulgation of the will: annulment may be sought within one year of learning of the ground of nullity and at the latest ten years after the promulgation of the will (Art. 64 Inheritance Act of FBiH; Art. 66 Inheritance Act of Republika Srpska); the same limits apply to annulment for a defect of form, except that the one-year period runs from the moment the will became known (Art. 65 Inheritance Act of FBiH; Art. 99 Inheritance Act of Republika Srpska). Against a person acting in bad faith the limit is 20 years.
Can an inheritance matter be resolved without a court if all heirs agree?
Partially. Probate proceedings are mandatory and must be conducted before a court or a notary, but if all heirs agree on the division of property, the process is significantly simplified and accelerated. Heirs can enter into a division agreement, which the court or notary will then confirm within the probate decision. However, even an amicable division requires a careful legal review to ensure that no heir is disadvantaged and that the agreement is legally enforceable.
How is property inherited when the deceased has both marital and extramarital children?
Marital and extramarital children have entirely equal inheritance rights; extramarital kinship is equated with marital kinship (Art. 4(1) Inheritance Act of FBiH; Art. 4(1) Inheritance Act of Republika Srpska). An extramarital child inherits from the father only where paternity has been acknowledged or established by a court. Adoption must be distinguished in two forms. Full adoption terminates the mutual inheritance rights between the adoptee and their descendants on the one hand and the adoptee's blood relatives on the other (Art. 4(2) Inheritance Act of FBiH; Art. 4(2) Inheritance Act of Republika Srpska). In incomplete adoption the adoptee and their descendants have the same inheritance rights towards the adopter as the adopter's own children, but do not inherit from the adopter's relatives, while inheritance rights between the adoptee and their own blood relatives remain untouched (Art. 22 Inheritance Act of FBiH; Art. 21 Inheritance Act of Republika Srpska).
Clients have trusted us since 1993
Prnjavorac Law Firm has been in active practice since 1993. Today, in its fourth decade of work, it has 1,056 Google reviews with a rating of 5.0 / 5 on two independent Google business profiles.
All client reviews are publicly available on both Google business profiles, without filtering, mediation or moderation by the law office.
Other practice areas of the office
We provide legal assistance and representation across a wide range of areas in Bosnia and Herzegovina:
