Inheriting Property in Croatia as a Foreigner
Thousands of people around the world find themselves unexpectedly inheriting property or assets in Croatia, whether as members of the Croatian diaspora, as descendants of Croatian emigrants, or simply as foreign nationals whose family member owned something here. These are cross-border successions: inheritance cases that involve more than one country’s legal system. The Croatian inheritance process is manageable, but it is not self-explanatory, and for heirs living outside the country it carries additional layers of complexity that are easy to underestimate.
This guide explains how Croatian inheritance law works for foreign heirs and diaspora families: what proceedings are required for Croatian real estate, how the Croatian probate process unfolds, what taxes are due, and how to handle the entire process without travelling to Croatia.
Inheriting Property in Croatia from Abroad: What Proceedings Are Required?
Croatian real estate cannot pass to heirs automatically. Regardless of where the deceased lived, transferring ownership of Croatian property to heirs always requires a formal legal step in Croatia — either Croatian probate proceedings, or the registration of a recognised foreign inheritance decision. Until this step is completed, the deceased person’s name remains in the land registry as the legal owner.
If the Deceased Lived in Another EU Country
Since August 2015, EU Regulation 650/2012 on succession governs cross-border inheritances within the European Union. When probate is conducted in another EU country — Germany, Austria, Italy, or any other member state — the resulting inheritance decision or a European Certificate of Succession can in many cases be used as the basis for the land registry application in Croatia, without the need for a separate Croatian probate proceeding. A European Certificate of Succession is a standardised document that heirs can obtain in the country where probate was conducted and present to Croatian authorities.
Whether a separate Croatian probate proceeding is required depends on the specific circumstances of the estate and how the Croatian land registry processes the foreign documentation. A Croatian lawyer can advise on the most efficient path for your specific situation and handle the land registry step on your behalf.
If the Deceased Lived Outside the EU
For diaspora members who lived outside the EU — in Canada, Australia, the United Kingdom, or elsewhere — Croatian probate proceedings are typically conducted in Croatia for the Croatian assets. A Croatian notary handles the case, issues an inheritance decision, and the heirs are subsequently registered in the Croatian land registry. This is the standard path for non-EU diaspora inheriting Croatian property, and it can be conducted entirely remotely through a lawyer acting under power of attorney.
Planning Ahead: Making a Croatian Will
For Croatian nationals living abroad, making a Croatian will that specifically addresses Croatian assets simplifies the process considerably for future heirs. Under EU Regulation 650/2012, Croatian nationals can also choose Croatian law to govern their estate, regardless of where they live. This can be an important planning tool, particularly when the family situation or the assets involved make the interaction between two legal systems complex.
If you are a Croatian citizen living abroad and own property in Croatia, taking legal advice on this point before drafting your will can prevent significant complications for your heirs.
Overview of Croatian Inheritance Law
Croatian inheritance law is governed primarily by the Inheritance Act (Zakon o nasljeđivanju). It distinguishes between testamentary succession (based on a will) and intestate succession (when no valid will exists).
Order of Inheritance Without a Will
If the deceased left no will, Croatian law divides heirs into inheritance orders. The first order consists of the surviving spouse and the deceased’s children, who inherit in equal shares. If a child has predeceased the testator, that child’s share passes to their own children, the testator’s grandchildren.
The second order consists of the deceased’s parents and surviving spouse. The third order covers siblings and their descendants. More distant relatives follow in subsequent orders. If no relatives are found within the legally defined orders, the estate passes to the Croatian state.
Forced Heirship
Croatian law protects certain heirs through the concept of forced share (nužni dio). Descendants, a surviving spouse, and parents who were dependent on the deceased cannot be entirely disinherited. Even if a will exists that attempts to exclude them, they are entitled to a minimum portion of the estate. For descendants and the surviving spouse, the forced share is one half of what they would have received under intestate succession. For parents, it is one third.
This protection applies regardless of where the heir is living and cannot be waived in advance. A foreign heir who suspects they have been excluded from a Croatian estate in violation of their forced heirship rights can challenge the will in Croatian probate proceedings.
The Croatian Probate Process
In Croatia, the probate process is called ostavinska rasprava. It is conducted by a notary public acting as a court trustee, under the supervision of the local municipal court. The process begins automatically once the court receives official notification of the death, typically through a death certificate submitted by the registry office or by the heirs themselves.
How the Process Begins
The notary assigned to the case notifies all known heirs and invites them to a probate hearing. Heirs are asked to present documents identifying their relationship to the deceased and to declare whether they accept or renounce the inheritance. The hearing can take place with heirs present in person, or with heirs represented by a lawyer under a power of attorney, which is the typical approach for heirs living abroad.
Accepting or Renouncing the Inheritance
Heirs have the right to accept the inheritance unconditionally, accept it under the benefit of inventory (limiting their liability for estate debts to the value of the assets inherited), or renounce it entirely. The decision to renounce must be made before the probate proceedings are concluded.
Accepting an inheritance unconditionally means the heir takes on any debts of the estate alongside the assets. If the deceased had significant liabilities, accepting under the benefit of inventory or renouncing may be the more prudent choice. A Croatian lawyer can advise on this before you make the declaration.
The Inheritance Decision
At the conclusion of the probate proceedings, the notary issues an inheritance decision (rješenje o nasljeđivanju). This document officially confirms who the heirs are and in what shares they inherit the estate. It is the foundational document for all subsequent steps, including updating the land registry and transferring ownership of any real estate.
Once issued, the inheritance decision can also be used to obtain a European Certificate of Succession, a standardised document recognised across EU member states that simplifies the administration of a cross-border estate.
Navigating a Croatian Inheritance from Abroad?
We represent heirs in Croatian probate proceedings, prepare required documentation, and handle the full process under power of attorney. You do not need to travel to Croatia. Contact us for a consultation.
Registering Inherited Property in the Croatian Land Registry
Obtaining the inheritance decision is not the final step. If the estate includes Croatian real estate, each heir must apply to the municipal court to have their share of the ownership registered in the land registry. Until this registration is completed, the deceased person’s name remains on record as the legal owner.
The application requires the inheritance decision, proof of identity, and payment of the land registry fee. A lawyer or notary submits the application on behalf of the heirs. In straightforward cases, the registration is completed within a few weeks of the application.
Foreign heirs who do not yet have a Croatian OIB (Personal Identification Number) will need one before they can participate in the probate proceedings or be entered into the land registry. The OIB is required for any person who appears in a Croatian official proceeding or register, which means it must be in place from the very start of the inheritance process. It can be obtained remotely through a Croatian embassy or via a lawyer acting under power of attorney. For a full explanation of the process, see our guide on how to get an OIB in Croatia as a foreigner.
For guidance on reading a Croatian land registry extract and understanding what the records show, see our guide on how to check property ownership in Croatia.
The Problem of Uncleaned Titles
One of the most common issues specific to the Croatian diaspora is inheriting property where the land registry title has not been updated for one or more generations. In Croatian, such property is sometimes informally called djedovina, meaning ancestral property that was never formally transferred through the legal system after earlier generations passed away.
In practice, this means that a property may still be recorded in the land registry under the name of a great-grandparent who died decades ago. Before the current heirs can be registered, the entire chain of succession must be formally established through retroactive probate proceedings for each generation. This process can be time-consuming and requires careful reconstruction of family records, but it is entirely manageable with proper legal assistance.
If you know or suspect that a family property in Croatia has not had its land registry records updated, taking legal advice early, before the situation becomes urgent, is strongly recommended. The longer the chain of unresolved successions, the more documents are needed and the more complex the process becomes.
Inheritance Tax and Transfer Tax in Croatia
Croatia’s tax treatment of inherited property is more favourable than in many other countries, particularly for close family members.
Direct-Line Heirs and Surviving Spouses Are Exempt
Heirs in the direct line — descendants such as children and grandchildren, and ancestors such as parents and grandparents — together with the surviving spouse, are exempt from both inheritance tax and real estate transfer tax on assets they inherit. This exemption applies regardless of the value of the estate and regardless of whether the heir lives in Croatia or abroad.
Inheritance Tax for Other Heirs
Heirs outside the first order, such as siblings, nieces and nephews, or more distant relatives, are subject to inheritance tax at a flat rate of 4% on the market value of movable assets, money, and securities they inherit. Inherited real estate is not subject to inheritance tax, but it is subject to real estate transfer tax at the standard rate of 3% of the market value, unless an exemption applies.
These rules apply equally to Croatian residents and foreign heirs. There are no additional taxes or surcharges for heirs living outside Croatia.
Documents Required from Foreign Heirs
Foreign heirs participating in Croatian probate proceedings typically need to provide the following documents:
- A valid identity document (passport or national identity card)
- Proof of the heir’s relationship to the deceased, such as a birth certificate or marriage certificate
- The death certificate of the deceased, if not already filed with the Croatian registry
- Any existing will or testamentary document
All foreign-language documents must be translated into Croatian by a certified court interpreter (sudski tumač) appointed by the Croatian Ministry of Justice. In many cases, foreign official documents must also be apostilled before they are accepted by Croatian authorities. A regular certified translation is not sufficient for this purpose.
For complex estates or situations where the chain of succession spans multiple generations, additional documents, such as older birth certificates, records from foreign registries, or archived Croatian documents, may be required. A lawyer familiar with cross-border inheritance cases can identify exactly what is needed for your specific situation.
Managing a Croatian Inheritance from Abroad
It is not necessary to travel to Croatia to participate in probate proceedings or to complete the land registry registration. Heirs living abroad can authorise a Croatian lawyer to represent them throughout the process using a notarised power of attorney.
With a power of attorney in place, the lawyer attends probate hearings on behalf of the heir, submits and receives documents, makes the declaration of acceptance or renunciation of inheritance, and handles the land registry application. The entire process can be conducted remotely, from the initial notification of death to the moment the heir’s name appears in the Croatian land registry.
The power of attorney must be notarised and, if signed outside Croatia, typically accompanied by an apostille. Your Croatian lawyer will provide the exact form of power of attorney required and advise you on how to have it executed in your home country.
Making a Croatian Will from Abroad
If you are a member of the Croatian diaspora with assets in Croatia, making a will that specifically addresses those assets can prevent significant complications for your heirs. A Croatian will avoids ambiguity about which law governs the Croatian assets, specifies your intentions clearly in a form recognised by Croatian authorities, and simplifies the probate process for your heirs.
A Croatian will can be made before a Croatian notary, or it can take the form of a holographic will, written entirely in your own handwriting, signed, and dated. A holographic will does not require notarisation to be valid under Croatian law, but notarial wills are generally more difficult to contest and easier to prove in probate proceedings.
If you have assets in multiple countries, coordinating your Croatian will with any wills or estate planning documents in your country of residence is advisable. Your Croatian lawyer can advise on the interaction between Croatian law and the law of your country of residence, including how to use the choice of law provision in the EU Succession Regulation to your advantage.
For more information about inheritance law services at Kontić Legal, including will drafting and probate representation, visit our dedicated page.
Need Help with a Croatian Inheritance or Will?
Whether you are dealing with an active inheritance, uncleaned ancestral titles, or planning ahead with a Croatian will, Kontić Legal provides full legal support for diaspora clients and foreign heirs. Contact us to discuss your situation.
Frequently Asked Questions About Croatian Inheritance Law
Under EU Regulation 650/2012, a foreign inheritance decision or a European Certificate of Succession obtained in Germany can in many cases be used as the basis for the Croatian land registry application, without the need for a separate Croatian probate proceeding. Whether this is possible in your specific case depends on the circumstances and how the Croatian land registry processes the foreign documentation. A Croatian lawyer can assess the situation and handle the land registry step on your behalf.
No. You can authorise a Croatian lawyer to represent you in probate proceedings and in the land registry registration using a notarised power of attorney. The lawyer attends hearings, submits documents, accepts the inheritance on your behalf, and handles all administrative steps. The power of attorney must be notarised in your country of residence and, in most cases, accompanied by an apostille.
If you are a direct-line heir — a child, grandchild, parent, or grandparent of the deceased — or the surviving spouse, you are exempt from both inheritance tax and real estate transfer tax on the inherited property. This exemption applies regardless of where you live. If you are a more distant relative, the inherited real estate is subject to 3% real estate transfer tax on its market value, and inherited movable assets are subject to a 4% inheritance tax.
Djedovina refers informally to ancestral property in Croatia where the land registry records have not been updated for one or more generations. If a property is still registered under the name of a grandparent or great-grandparent who died years or decades ago, all intermediate successions must be formally established through retroactive probate proceedings before the current heirs can be registered as owners. This process requires tracing family records across generations and reconstructing the legal chain of succession. It is entirely achievable with proper legal assistance, but the sooner it is addressed, the simpler it is.
Croatian law protects certain heirs through forced heirship rules. Descendants, a surviving spouse, and dependent parents cannot be entirely excluded from the estate, even by a will. They are entitled to a minimum forced share, which is half of what they would have received under intestate succession. If you believe you have been excluded from a Croatian estate in violation of your forced heirship rights, you can challenge the will in Croatian probate proceedings, regardless of where you live.
If you accept the inheritance unconditionally, you take on the debts of the estate alongside the assets, and your liability is not limited to the value of what you inherit. To avoid this, you can accept the inheritance under the benefit of inventory, which limits your liability to the value of the inherited assets. Alternatively, you can renounce the inheritance entirely. The decision must be made before the probate proceedings are concluded, and it is advisable to assess the estate’s liabilities before making your declaration.
Foreign heirs typically need to provide a valid passport, proof of their relationship to the deceased (such as a birth or marriage certificate), the death certificate of the deceased, and any existing will. All documents in a language other than Croatian must be translated by a certified court interpreter appointed by the Croatian Ministry of Justice, and foreign official documents typically require an apostille. A regular certified translation is not sufficient.
For diaspora members who lived outside the EU, Croatian probate proceedings are typically conducted in Croatia to deal with the Croatian assets. A Croatian notary handles the case and issues an inheritance decision, which is then used to register the heirs in the Croatian land registry. The process can be conducted entirely remotely through a Croatian lawyer acting under power of attorney. Your Croatian lawyer will also advise on whether any probate proceedings in the deceased’s country of residence need to be coordinated with the Croatian proceedings.
If you own assets in Croatia, making a Croatian will is a practical step that simplifies the inheritance process for your heirs. A Croatian will can include a choice of law clause specifying that Croatian inheritance law should govern your Croatian assets, which avoids any ambiguity about applicable law and makes the probate process more straightforward. If you own assets in multiple countries, your Croatian will should be coordinated with any estate planning documents in your country of residence to avoid conflicts.
How Kontić Legal Can Help
Kontić Legal advises members of the Croatian diaspora and foreign heirs on all aspects of Croatian inheritance law and cross-border succession. We start where many families start: by establishing exactly what the deceased owned in Croatia. Using the land registry, cadastre records, and other official sources, we identify all real estate and assets that form part of the Croatian estate, even when heirs are not sure what exists or where it is registered.
From there, we obtain the OIB for each heir, which is required before they can participate in the probate proceedings or be registered in the land registry. We then initiate and conduct the full probate process on your behalf: preparing all documentation, coordinating certified translations and apostilles for foreign documents, representing you at the probate hearing before the notary, and handling the land registry registration once the inheritance decision is issued. You do not need to travel to Croatia at any stage.
We also advise Croatian citizens living abroad who wish to plan ahead, including will drafting, choice of law analysis, and structuring ownership of Croatian assets in a way that minimises complexity for future heirs.
For more information about our inheritance law practice, visit our Croatian inheritance lawyer page. To discuss your specific situation, use the contact form below.
