January 01, 2024
The right of succession is a key segment of civil law governing the transfer of the rights and obligations of the deceased person (deceased) to other persons (heirs). In the Republic of Croatia, succession is regulated by the Law on Succession. Succession can be based on law (statutory succession) or on will (testamentary succession). In this article, we will deal with hereditary orders in legal succession.
Key concepts and elements
Legal succession: If the deceased has not left a valid will, the succession takes place according to legal regulations. The law determines the order of heirs (succession orders), where the closest relatives have the right to inheritance. With the death of an testator who has no heir to the estate, he passes to the municipality, i.e. the city specified by this Act, which thereby gains the same position as if they were the testator’s heirs, which they cannot renounce.
Under the deceased’s law, all his descendants, his adoptive parents and their descendants, his spouse, his parents, his adoptive parents, his siblings and their descendants, his grandparents and their descendants, and his other ancestors inherit.
Under the law, the deceased is also inherited by his common-law spouse who is equal in the right of succession to the marital one. An extramarital union is considered to be a life union between an unmarried woman and an unmarried man that lasted for a long time and ceased with the deceased’s death, provided that the prerequisites required for the validity of the marriage were met.
Hereditary orders
Understanding hereditary orders is extremely important because heirs of a closer order of succession exclude from the inheritance persons of a further order of succession. Thus, the first order of succession excludes the second, the second excludes the third, etc.
The first order of succession
The deceased in the first order of succession is inherited above all by his children and his spouse, in equal shares. The part of the estate that would have belonged to the deceased child before the deceased had he outlived the deceased is inherited by his children, the deceased’s grandchildren, in equal parts, and so on as long as there are descendants of the deceased (the so-called right of presentation).
Second order of succession
The deceased in the second order of succession, who has left no descendants, is inherited by his parents and his spouse. The testator’s parents inherit one half of the estate in equal parts and the other half of the estate is inherited by the deceased’s spouse. If both parents died before the deceased, the spouse inherits the entire estate. If there is no spouse left behind, the testator’s parents inherit the entire estate in equal shares. If one deceased parent died before the deceased, the portion of the estate that would have belonged to him if he had outlived the deceased is inherited by the other parent.
If one deceased parent died before the deceased who did not leave the spouse, the part of the estate that would have been given to him if he had outlived the deceased is inherited by his children (the testator’s siblings), his grandchildren and great-grandchildren and his descendants, according to the rules for the case when the testator is inherited by his children and other descendants. If both of the testator’s parents died before the deceased who did not leave the spouse, the portion of the estate that would have belonged to each of them if he had outlived the deceased is inherited by the descendants. In all cases, the deceased’s siblings inherit the father’s share of the estate in equal shares only through the father, brothers and sisters inherit the mother’s share in equal shares only through the mother, and siblings inherit in equal shares with the paternal siblings the father’s share, and with siblings by mother the mother’s share.
If one deceased parent died before the deceased who did not leave the spouse and did not leave any descendants, the part of the estate that would have been given to him if he had outlived the deceased is inherited by the other parent, and if he also died before the deceased who did not leave the spouse, his descendants inherit what would have belonged to both parents.
Third order of succession
In the third order of succession, grandparents inherit the same lineage in equal parts. If one of these ancestors of one lineage died before the testator, the part of the estate that would have belonged to him if he had outlived the deceased is inherited by his children, his grandchildren and his further descendants, according to the rules for the case when the testator is inherited by his children and other descendants. In everything else, the inheritance rights of grandparents of one line age and their descendants are governed by the rules according to which the testator’s parents and their descendants inherit. If the grandparents of one lineage died before the deceased, and left no descendants, the part of the estate that would have belonged to them if they had outlived the deceased is inherited by the grandparents of the other lineage, their children, their grandchildren and their further descendants.
The fourth order of succession
In the fourth order of succession, the deceased who left neither descendants nor parents, nor did they leave any descendant, nor did they leave any descendants, nor did they leave any descendants, is inherited by his great-grandparents. One half is inherited by great-grandparents on the father’s side, and the other half is inherited by great-grandparents on their mother’s side. Of the part that belongs to the deceased’s great-grandparents on the father’s side, one half is inherited equally by the parents of his paternal grandfather, and the other half by the parents of his paternal grandmother. Both great-grandparents and great-grandmothers on their mother’s side inherit the part that belongs to them. If he does not have any of these ancestors, the part that would have belonged to him if he were alive is inherited by an ancestor who was his spouse. If there is not one pair of these ancestors, the parts that would belong to them if they were alive are inherited by another pair of the same lineage. If there are no great-grandparents of one lineage, the part of the estate that would belong to them if they were alive are inherited by the great-grandparents of the other lineage.
Other successive orders
Behind the deceased’s great-grandparents are inherited by further ancestors, in order, according to the rules by which his great-grandparents and his great-grandmothers inherit.
Assets without an heir
In this case, the deceased’s real estate and their equal rights pass to the municipality, i.e. the city in whose territory they are located. Movables and their equal rights pass to the municipality, i.e. the city where the deceased was domiciled at the time of death on the territory of the Republic of Croatia. If at the time of death the deceased did not have domicile in the territory of the Republic of Croatia, and he was resident, movable property and their equal rights transfer to the municipality, i.e. the city where the deceased was resident on the territory of the Republic of Croatia at the time of death. If at the time of death in the territory of the Republic of Croatia the deceased did not have his domicile or residence, movable property and the rights equal with them pass to the municipality, i.e. the city where the deceased was registered in the register of citizens of the Republic of Croatia at the time of death.
The right of succession in Croatia is regulated by a law that prescribes in detail who and under what conditions can inherit the deceased’s property. It is important to keep in mind the complexity of this legal area and in case of need to hire professional legal assistance. In case you need legal advice or a lawyer regarding the right of succession, please feel free to contact us at:
