Your close relative has passed away, and you are about to claim your share of title ownership of a house, an apartment, land or shares owned by the deceased. There is one essential legal step you must undertake before taking possession of the keys or making plans regarding the inherited property – the probate proceedings.
The probate proceedings are a crucial moment and the only legally relevant intermediary stage that ensures the estate of your late relative is distributed in accordance with the law or as the deceased specified in their last will and testament. Despite all its peculiarities and formalities, the probate proceedings do not have to be complicated – if you are properly advised and understand how it works.
The probate proceedings are a non-contentious proceedings initiated upon the death of an individual to determine who their legal and/or testamentary heirs are, as well as what assets and rights are included in the estate.
It is primarily regulated (both procedurally and substantively) by the Inheritance Act, with a supplementary application of the provisions of the Civil Procedure Act.
The proceedings are conducted before the municipal court or a Notary Public acting as the court-appointed trustee. The process is initiated ex officio when the court receives the death certificate or an extract from the register of deaths from the competent registrar.
Matters under inheritance law often generate the most disputes in practice, mainly when there is a will, or when individuals are asserting that they are the real title owners of property listed as the assets of the deceased, whose title ownership is not registered in the land registry (commonly in cases where only one spouse is registered as the title owner of the property, even though it was acquired as marital property). Furthermore, frequent issues arise when an heir participating in the probate proceedings omits information about those who have not joined the proceedings (commonly in cases where the deceased had an illegitimate child), or when one of the reserved heirs believes that their right to a reserved share of inheritance has been violated.
In relation to the broad range of reasons that can complicate probate proceedings, lead to their suspension, and require the parties to initiate proceedings before the civil court (which is exclusively competent to resolve their dispute), this article will (for now) address only some of the basic matters that most frequently concern the parties involved in the process.
Who initiates probate proceedings?
Probate proceedings are initiated by the court ex officio, after the registrar, in whose registry office the death was recorded, sends the death certificate or extract from the Death Registry to the competent court. However, if the death certificate or the incomplete information available to the competent municipal court based on the last known residence indicates that the deceased did not leave behind any significant assets, your "push" may be needed. In such cases, it would be advisable to hire a lawyer who, with your Power of Attorney, will initiate the probate proceedings.
Who can initiate probate proceedings in the Republic of Croatia?
If the probate proceedings are not initiated by the court ex officio, they can be initiated by any individual, specifically any statutory and/or testamentary heir, or other interested parties who claim some right to the estate for any reason (e.g., marital property). Within the legally prescribed time frame, which is calculated from the date of death of the deceased, probate proceedings can also be initiated by a creditor of the deceased who has a direct interest in collecting their claim as soon as possible from the heirs out of the value of the inherited property.
How to confirm if probate proceedings have been initiated?
Participants in probate proceedings will receive a summons for the scheduled hearing from the designated Notary Public, sent to their registered postal address. If you have not received a summons, you can inquire whether probate proceedings have been initiated, and which Notary Public is handling them by contacting the probate office at the competent municipal court.
What is the waiting time for the probate hearing?
Usually, the hearing is scheduled within a maximum of 3 months from the initiation of the proceedings (this timeline may vary depending on the workload and efficiency of the Notary Public's office handling the case).
What documents are required for the probate proceedings?
The Notary Public will usually obtain, ex officio, information regarding the deceased's closest relatives (spouse and children) from the registry office. However, those who believe they have a right to the estate, but whose relationship with the deceased is not immediately evident from the registry records, must bring evidence of their familial connection to the deceased. It is also advisable to bring evidence of the deceased’s assets, including real estate, personal property, and financial resources (such as bank accounts) during the probate hearing, provided you have access to such documentation. If you lack any of the required documents, the Notary Public will obtain them from the relevant authorities and institutions at your request, though this service typically costs around EUR 30.00 per document acquired.
What is the estate?
The estate refers to all belongings of the deceased at the time of his/her death, which is inheritable and available for inheritance. The estate, in legal terms, encompasses both narrower and broader categories of assets than those the deceased held during their lifetime. The assets, in a legal sense, are solely the deceased’s property rights, with strictly personal rights extinguishing at the moment of death and not passing to the estate (e.g., the right to collect alimony or disability benefits). The estate includes not only rights but also obligations (such as debts, unfulfilled obligations, and claims against third parties), procedural legitimations (the legal standing in disputes the deceased had been involved in during their lifetime), and other legally relevant elements (for example, elapsed periods of prescription or acquisitive prescription are also inherited). Participants in the process often colloquially refer to the estate as the estate mass, but typically in the positive economic sense (as property and rights, excluding debts and obligations).
Although the probate proceedings are sometimes a serious, life-changing moment where family relationships, property, and old disagreements are settled, don’t forget that it’s not just a mere bureaucratic process – it’s also an opportunity for a family spectacle! After all, what is a family without a little negotiation over inheriting grandma’s stone house with no windows, along with its attached barn, which has “sentimental value” and potentially enormous rural tourism potential?
Throughout the entire process, keep in mind: lawyers are not here to complicate things, but to guide you as quickly and smoothly as possible towards a fair and lawful solution.
