WHEN one of the relatives dies, the relatives are obliged to initiate the procedure of probate proceedings and distribute all the property and legacy of the deceased. In most cases, probate proceedings are initiated ex officio as soon as the court finds out that a person has died, ie by receiving a public document proving death.
However, probate proceedings can also be initiated by interested parties who can inform the court that a person has died, which is a sufficient reason for the court to initiate proceedings ex officio.
The registrar registers the death in the register of deaths and is obliged to submit the death certificate to the court within 30 days. The court then issues a decision entrusting the notary public to compile the death certificate and submit it to the court within 30 days. It is also possible for the interested party, heir or creditor to submit to the court evidence of the testator’s death and thus propose the initiation of probate proceedings.
Upon the invitation of the notary, the relatives of the deceased submit basic information about the deceased, about the property that constitutes the legacy and persons who can be invited to inherit. The notary checks whether the will remained after the deceased and if so, forwards it to the court and the same notary is entrusted with the probate hearing.
After the completion of the procedure, a hearing is scheduled to which all those who claim the right to inheritance and legal and testamentary heirs are invited. Then everything related to the property is discussed, and especially the right to inheritance and the size of the inherited deed.
If some facts are in dispute between the heirs, the procedure will be terminated and they are instructed to initiate court proceedings to determine the disputed rights. If there is no dispute, the property is divided according to the legal right to inheritance or agreement.
The heirs are obliged to give a clear statement whether they accept or renounce the inheritance. When it is determined to whom the right belongs, then a decision on inheritance is made, which ends the procedure. When it is not known whether the deceased has an heir, the court announces those who claim the right to apply within a year. If none of them applies, the court will issue a decision handing over the legacy to the Republic of Serbia for enjoyment.
Follow us through iOS and android apps