March 03, 2025
Inheritance law regulates the transfer of property and rights due to the death of a natural person (testator) to other persons (heirs) at the time of his or her death. The right of inheritance is regulated by the Inheritance Act, which also defines the rules of procedure of the court, other bodies and authorized persons in inheritance matters.
Types of inheritance
There are two basic types of inheritance: statutory and testamentary. Legal succession applies when there is no valid will. Testamentary succession is based on a will drawn up by the testator during his or her lifetime. Wills are kept by lawyers, notaries, at the court or persons who made the will, and the fact that the will has been drawn up and stored is recorded in the Croatian Register of Wills kept by the Croatian Chamber of Notaries.
Types of wills
The law recognizes several types of wills:
- handwritten will: written and signed by the testator’s hand,
- written will before witnesses: drawn up in the presence of witnesses;
- A public will: made by a notary;
- international will: written in front of witnesses,
- Oral will: in exceptional circumstances.
A will can be made by the testator independently if it is handwritten, other types (except oral) can be made by a lawyer, notary public or court.
Legal succession
If there is no will, legal succession according to the order of succession applies. There are four orders of succession:
- First line of succession: descendants and spouse of the deceased,
- Second order of succession: parents, siblings of the deceased or if the deceased has no children but has a wife, the wife and parents are heirs in equal shares;
- Third line of succession: grandparents of the deceased,
- Fourth and further hereditary orders: other ancestors.
Heirs of the immediate order of succession exclude persons of the further order of succession. The right of representation allows descendants to inherit in place of the deceased parent.
Objects of inheritance
Things and rights that belonged to the deceased at the time of death are inherited. This includes real estate, movable property and rights. Items that cannot be inherited are those that are not transferable by their legal nature or by law.
Conduct of proceedings
Probate proceedings are conducted by the municipal court or by a notary public as a court commissioner. If someone disputes the will, the one who has the weaker right is referred to litigation. If you do not appear at the probate hearing or do not waive the inheritance by means of a certified statement, you are considered to agree to be an heir.
Situations without heirs
If there are no heirs or all of them renounce the inheritance, the estate consisting of real estate passes to the municipality or city in whose territory they are located, and the movable property to the municipality or city where the deceased resided. The municipality or city has the same status as the heirs of the testator, but they cannot renounce the inheritance.
Required documentation
In order to conduct the inheritance procedure, it is necessary to enclose:
- death certificate or death certificate,
- proof of kinship with the deceased (birth certificates, marriage certificate),
- will, if any,
- a list of the deceased’s assets, evidence of ownership of those assets
- personal data of the heir.
The Succession Act regulates in detail all issues related to succession, ensuring legal certainty and protection of the rights of heirs, while respecting the last will of the testator expressed in the will.
If you need legal assistance or a lawyer to initiate probate proceedings or to represent your interests in probate proceedings, please contact us at:
