Legal framework of succession in Central- and Eastern Europe

 

General description as of 2020 – The information provided below does not constitute legal advice.

Serbia

Settlement of the estate

The estate is transferred to the heirs upon the death of the testator, insofar as no rejections have been declared to a court. Acceptances and rejections of the estate are to be made during inheritance proceedings by no later than the finalization of the proceedings at the first instance. However, an express acceptance is not required. The liability of heirs for the debts of the estate is limited to the value of their share of the estate.

Compulsory share

The compulsory share is a claim for monetary payment. Descendants and the spouse, and, if the respective inheritance regulations are invoked within the framework of legal succession, parents and adoptive parents are also entitled to a compulsory share. Siblings, grandparents and other relatives are only entitled to receive a compulsory share if they are permanently unable to work and cannot support themselves from their own resources.

Inheritance tax

The unlimited tax liability for the inheritance tax is linked to the acquirer's residence. A limited tax liability is to be applied for assets located within the country.

Heirs of first ranking, i.e. descendants, the spouse and parents are exempted from the inheritance tax. Heirs of second ranking must not pay the tax for agricultural assets and the deceased's apartment, insofar as they lived in the same household with the testator for a set period of time.

Heirs of second ranking are subject to a tax of 2% to 2.5% of the net value of the inheritance. Heirs of third and lower ranking, as well as persons not affiliated with the testator are subject to a tax rate of 2.5% of the overall net value of the estate.


General description as of 2020 – The information provided above does not constitute legal advice.