Frequently Asked Questions about the Inheritance law in Bosnia and Herzegovina

Question: What is determined in the inheritance procedure in Bosnia and Herzegovina?
Lawyer: The inheritance hearing in BiH is held before a court or a notary as a court commissioner. In the inheritance procedure in BiH, the composition of the estate, the heirs behind the deceased and the rights that belong to respective heirs should be determined. If there are no disputable elements, the probate procedure lasts for a short time, but if there is a dispute between the heirs over the inheritance, then the probate procedure is terminated and the heirs are referred to litigation, which can significantly prolong the entire inheritance procedure. Inheritance in some cases can be a very complex procedure, so the inheritance procedure can take years, especially if it is contesting the will from the legal heirs, in disputes with the statutory heirs, disputes over proving an extramarital community and the similar.

Question: How do I make a will in Bosnia and Herzegovina ?
Lawyer: A will can be made to any person who has reached the age of 15 and is capable or reasoning, and it is a document that determines who has the right to dispose of property in the event of death. However, even then there are certain legal restrictions. Namely, according to the law, a certain circle of persons is entitled to the statutory part regardless of the will written by the testator. In order to obtain the statutory portion, the heirs must file an objection stating that they do not recognize the will, after which the non-litigious court or notary refers them to initiate the civil procedure for proving. A will is valid if it is made in the form determined by law and under the conditions provided by law. A will can be written with your own hand and signed in your own handwriting, it is desirable that the will written in handwriting contains the date of writing, too.

Question: What is inheritance law in Bosnia and Herzegovina ?
Lawyer: Inheritance law regulates the legal rules and relations that arise after the death of the testator. The inheritance right is acquired at the time of the testator’s death, by law or by will. Every person can waive that right. Inheritance transfers all rights and obligations from the testator to his/her heirs. If the testator has not left a will, his/her legal heirs will inherit him/her according to the law according to hereditary order, with the rule that the heirs of a closer hereditary order exclude from the inheritance persons of a further hereditary order.

Question: How is the estate after the deceased determined?
Lawyer: It often happens that after someone’s death, the heirs have to investigate which property enters the estate. The subject of inheritance are things and rights that belong to a natural person. When it comes to real estate, the bequest mass includes all the real estate of the testator, regardless of whether they are registered in the land register and regardless of where they were located. In the case of a duly registered real estate, an excerpt from the land register is sufficient as proof of ownership, and if the real estate is not registered in the land register, the ownership must be proved by authentic documents in your possession. When a final decision on inheritance is obtained in inheritance proceedings, it is necessary to implement the decision on inheritance before the competent authorities.

Question: Who are the statutory heirs?
Lawyer: The statutory heirs are: the children of the testator, his adoptees from full adoption and his spouse. The other descendants of the deceased, his adoptees from incomplete adoption and their descendants, his parents and his siblings are necessary heirs only if they are permanently unable to work and do not have the necessary means for living. The testator’s descendants, his adopted children and their descendants and his marital or extramarital partner are entitled to the statutory portion which is half of the portion that would belong to each of them according to the legal order of inheritance. The statutory portion of the statutory heirs amounts to one third of their legal portion.

 

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