Inheritance matters | Ministry of Foreign Affairs

Inheritance Abroad

According to the Vienna Convention on Consular Relations, one of the consular functions is to protect the interests of nationals of the sending state, both natural and legal persons, in matters of inheritance on the territory of the receiving state, in accordance with the laws and regulations of the receiving state. Additionally, the basis for consular action in inheritance proceedings abroad may also be found in bilateral conventions, if the Republic of Serbia has signed such an agreement with a foreign state, as well as in the regulations of the Republic of Serbia (e.g. the Inheritance Act).

It is important to emphasize that the capacities of diplomatic and consular missions are limited and pertain primarily to inquiries into inheritance matters abroad—only to the extent permitted by foreign regulations and based on information provided by the foreign authorities, and in accordance with the data submitted by the heirs. Assistance to Serbian nationals does not imply legal representation. This means that diplomatic and consular missions have no basis under Serbian law or international law to represent Serbian citizens before foreign courts or authorities as lawyers or legal representatives, nor to initiate any legal proceedings on their behalf, beyond what is permitted by the laws of the receiving state and international law. They cannot participate in such proceedings.

If a citizen of the Republic of Serbia has relevant information about the estate of a deceased relative abroad, they may contact the Ministry of Foreign Affairs to request verification of the existence of an estate. The procedure for verifying the existence of an estate abroad through the Ministry of Foreign Affairs can be initiated if the deceased was a Serbian citizen, or if the heir is a Serbian citizen who does not reside in the country where the estate is located.

The written request must include: all relevant information about the deceased person (date and place of death, residence address abroad, name of the company where the deceased was employed, marital status, etc.); the family relationship with the deceased; information about whether the deceased left a will; and any knowledge about the deceased’s movable or immovable property abroad (real estate, bank accounts, life insurance).

The request must be accompanied by the following documents as evidence:

Relevant extracts from the civil registry confirming the family relationship with the deceased and proving the applicant’s legal interest in submitting the request;
The inheritance decision regarding the deceased's property in Serbia (if available);
Relevant evidence about the deceased's movable or immovable property.

Information on how to pay the administrative fee for the request will be provided to the applicant in writing afterward.

If the verification process confirms the existence of an estate, the applicant will be informed of the procedure to initiate legal proceedings before the competent foreign authority, the possible actions of the relevant diplomatic or consular mission, and the required documentation. The obtained information may be relevant for the applicant to decide whether or not to initiate court proceedings in a specific country, but under no circumstances may the diplomatic or consular mission act in place of the applicant. As mentioned, they have no right to do so under the laws of the receiving state and international conventions.

If circumstances and the regulations of the receiving state require it, a local attorney may need to be engaged. Through certain diplomatic and consular missions, it is possible to obtain a list of attorneys who speak Serbian and the language of the host country. The cost of hiring an attorney is borne by the estate or the heirs.

Communication with clients in inheritance cases is conducted exclusively in writing—either by submitting documents at the MFA filing office or by mail. For brief and general inquiries, communication may also be made via email: okp@mfa.rs

nheritance Proceedings in Serbia

When an inheritance procedure is conducted before a competent authority in the Republic of Serbia, an heir residing abroad may provide a statement of inheritance or certify a power of attorney for giving an inheritance statement at the nearest diplomatic or consular mission of the Republic of Serbia. More information on this can be found [here].