Property Inheritance in Bosnia
Many foreigners and diaspora members find themselves inheriting property in Bosnia. The process can seem complex from abroad, but with the right guidance it is manageable.
The Probate Process (Ostavinski postupak)
When a property owner dies in Bosnia, a probate proceeding is initiated before the competent Municipal Court. The court establishes who the heirs are and how the estate is divided.
Who initiates it?
The court is notified automatically through the registry office upon death. Heirs can also file a petition themselves.
Legal order of heirs (FBiH)
- First order: Children and spouse (equal shares)
- Second order: Parents and spouse
- Third order: Siblings and their descendants
A valid will (testament) takes precedence over the legal order if it meets formal requirements.
Inheritance Tax
In the Federation of BiH:
- First-order heirs (children, spouse): Exempt from inheritance tax
- Second and third-order heirs: May be subject to tax depending on cantonal regulations and estate value
In Republika Srpska, similar exemptions apply for direct family members.
Steps After Receiving the Probate Decision
Once you have a final probate decision (pravosnažno rješenje o nasljeđivanju):
- Obtain a fresh land registry extract for the property
- File a registration request with the competent Municipal Court (land registry department)
- Provide: probate decision, death certificate, your ID
- Pay court fees (~100–300 BAM)
- Await registration (15–45 working days)
Handling Inheritance From Abroad
If you are based outside Bosnia:
- You can appoint a power of attorney representative to handle proceedings on your behalf
- The power of attorney must be notarised and carry an apostille
- Arimes regularly assists diaspora clients in this situation
Common Complications
Multiple heirs who disagree: If heirs cannot agree, the court may order a division or sale of the property.
Unregistered property: The deceased may not have had the property fully registered. This must be resolved before inheritance registration can proceed.
Properties in both entities: If the deceased owned properties in both FBiH and RS, two separate proceedings may be needed.
Our Advice
Do not delay dealing with inherited property. Unregistered inheritance creates legal uncertainty and makes the property difficult or impossible to sell. Arimes assists clients throughout Bosnia with the full inheritance-to-registration process.