Croatian Inheritance Law for the Diaspora
Whether you are a member of the Croatian diaspora living abroad, a foreign national who has inherited Croatian property, or someone planning their estate to include Croatian assets, the same body of law governs what happens to Croatian property when someone dies. Croatian inheritance law determines who inherits, in what shares, what rights close family members have even if a will tries to exclude them, and — crucially for cross-border situations — which country’s law applies in the first place.
This guide explains the substance of Croatian succession law: the statutory succession orders, the position of the surviving spouse, forced heirship and the compulsory share, the types of wills recognised under Croatian law, and what options exist for accepting or renouncing an inheritance. For the procedural question of how Croatian probate actually works in practice, see our step-by-step guide on probate procedure in Croatia.
The Foundation of Croatian Inheritance Law: Succession at the Moment of Death
Croatian inheritance law is built on the ipso iure principle: succession occurs automatically at the moment of the deceased’s death. Heirs do not need to take any action to become the legal owners of the estate — ownership transfers by operation of law at the instant of death. The Croatian probate proceedings (ostavinska rasprava) that follow are declaratory in nature: the inheritance decision issued by the notary confirms rights that have already arisen, rather than creating them.
This principle has important practical consequences. For capital gains tax purposes, for example, an heir who sells inherited Croatian property is treated as having acquired it on the date of death of the previous owner — not on the date the inheritance decision was issued or the date ownership was registered in the land registry. The clock starts at death, not at the end of probate.
Croatian inheritance law is codified in the Inheritance Act (Zakon o nasljeđivanju). It applies to all Croatian property regardless of where the heirs or the deceased lived.
Who Inherits When There Is No Will: Statutory Succession Orders
When a person dies without leaving a valid will — which is very common, including among the Croatian diaspora — their estate passes according to the statutory succession rules set out in the Inheritance Act. The law divides potential heirs into successive orders: heirs in a higher order exclude those in a lower order entirely.
First Order: Children and Spouse
The first and highest order of heirs consists of the deceased’s children and their surviving spouse (or registered civil partner). They inherit in equal shares. If the deceased had three children and a surviving spouse, all four inherit one quarter of the estate each.
If a child of the deceased predeceased them, that child’s share passes to their own children — the deceased’s grandchildren — by the right of representation (pravo predstavljanja). This continues down the line as long as descendants exist. Grandchildren and great-grandchildren inherit in equal shares among themselves within the branch of the predeceased child.
Under Croatian law, children born outside marriage have exactly the same inheritance rights as children born within marriage, provided paternity or maternity has been legally established. Adopted children are treated in the same way as biological children.
Second Order: Parents and Spouse (When There Are No Children)
If the deceased left no surviving descendants, the estate passes to the second order: the deceased’s parents and their surviving spouse. In this order, the estate is divided as follows: the parents inherit one half of the estate in equal shares between them, and the surviving spouse inherits the other half. If only one parent survives, that parent inherits the full parental half.
If a parent predeceased the deceased, that parent’s share passes to the predeceased parent’s own descendants — the deceased’s siblings — again by the right of representation. If neither parent survived and neither parent left any descendants, the surviving spouse inherits the entire estate.
Third and Fourth Orders: Grandparents and Beyond
If the deceased left neither descendants nor a surviving spouse, and neither of their parents survived and left descendants, the estate passes to the third order: the deceased’s grandparents and their descendants (the deceased’s aunts, uncles and cousins). The fourth order consists of the deceased’s great-grandparents. Beyond the fourth order, the state (Republika Hrvatska) inherits the estate.
The Surviving Spouse Under Croatian Inheritance Law
The surviving spouse occupies a protected position in Croatian succession law and appears in both the first and second order of succession. In the first order, the spouse inherits equally with each of the deceased’s children. In the second order (where there are no children), the spouse inherits half the estate alongside the deceased’s parents.
Croatian law extends full succession rights to non-marital spouses (izvanbračni drug) — a partner who lived with the deceased in a long-term, stable cohabitation relationship — on equal terms with a formally married spouse. The same applies to same-sex civil partners and informal life partners recognised under Croatian law. Non-marital partners should be prepared to provide evidence of the relationship during probate proceedings.
The surviving spouse’s inheritance rights may be affected by a prenuptial agreement or by circumstances such as legal separation or divorce proceedings that were ongoing at the time of death. Where the relationship was complex or unclear, it is particularly important to obtain legal advice early in the probate process.
Forced Heirship: The Compulsory Share in Croatian Law
Croatian law protects certain close relatives from being completely disinherited — even if the deceased left a valid will that attempted to exclude them. These protected heirs are called compulsory heirs (nužni nasljednici), and their minimum entitlement is called the compulsory share (nužni dio).
Who Are the Compulsory Heirs?
The following persons are compulsory heirs under Croatian law regardless of any will:
Descendants and adopted children (and their descendants by representation) are always compulsory heirs. A parent cannot fully disinherit their child through a will, subject only to the narrow legal grounds for disinheritance set out in the Inheritance Act.
The surviving spouse (marital or non-marital) is also a compulsory heir and cannot be excluded from a minimum share through testamentary dispositions.
Parents and other ancestors are compulsory heirs only if they are permanently unable to work and lack adequate resources for their own support. A parent who is fit for work and financially independent does not have compulsory heir status even if they are excluded from the will.
How Much Is the Compulsory Share?
The compulsory share is calculated as a fraction of the share the heir would have received under the statutory succession rules if there had been no will:
Descendants and spouse: one half (1/2) of their statutory share. For example, if a child would have inherited one third of the estate under the statutory rules, their compulsory share is one sixth of the estate.
Parents and other ancestors (if qualifying): one third (1/3) of their statutory share.
If a will reduces a compulsory heir’s entitlement below their compulsory share, that heir may bring a legal claim to have the excess portion of the will set aside. Claims to the compulsory share must be pursued within the probate proceedings or through a separate civil action, and are subject to statutory time limits. Diaspora heirs who believe they may have been undercut by a will should seek legal advice promptly.
Wills Under Croatian Law: Types, Requirements and Registration
Any person who has reached the age of 16 and has the legal capacity to make decisions may make a will (oporuka) under Croatian law. A will allows the testator to depart from the statutory succession order, provided they respect the compulsory share rights of protected heirs.
Forms of Will Recognised Under Croatian Law
Holographic will (vlastoručna oporuka). A will written entirely by hand by the testator, dated and signed. No witnesses are required. This is the simplest form, but also the most vulnerable to challenge — questions of authenticity, mental capacity and undue influence are more difficult to resolve without a notary’s involvement.
Notarial (public) will (javnobilježnička oporuka). A will drawn up and certified by a Croatian notary public in the presence of the testator. This is the most secure and commonly recommended form, particularly for cross-border estates. The notary verifies the testator’s identity and capacity, and the document is preserved in the notary’s records.
Allographic will (pisana oporuka pred svjedocima). A written will signed by the testator and certified by two witnesses who attest that the testator signed in their presence. The witnesses do not need to know the contents of the will.
International will. Croatia is a party to the Washington Convention of 1973 on the form of an international will. An international will must be in writing, signed by the testator before two witnesses and an authorised person (usually a notary), who attach a certificate to the document. International wills are recognised in all contracting states.
The Croatian Register of Wills
Croatia maintains a centralised Register of Wills (Upisnik oporuka), administered by the Croatian Notaries Chamber (Hrvatska javnobilježnička komora). Registration is voluntary, not mandatory — a will is valid whether or not it is registered. However, registration is strongly recommended, particularly for diaspora members living abroad, because it ensures that the will can be found and taken into account during Croatian probate proceedings even if no family member knows of its existence.
To register a will, the testator or their representative submits the required documentation to any Croatian notary. The register records the existence and location of the will but not its contents. At the start of Croatian probate proceedings, the notary conducting the probate checks the Register of Wills to establish whether the deceased left any recorded testamentary disposition.
Choice of Law: Making a Will to Cover Your Croatian Property
Under the EU Succession Regulation (Regulation 650/2012), which applies across EU member states (excluding Denmark and Ireland), a person may choose the law of their nationality to govern their entire estate. This is an important planning tool for members of the Croatian diaspora living in another EU country.
For example, a Croatian national living in Germany would, by default, have their estate governed by German law (as the law of habitual residence). By making a choice of Croatian law in their will under Article 22 of the Regulation, they can ensure that Croatian succession rules apply to their entire estate. This can simplify matters considerably when the main assets are located in Croatia.
The choice of law declaration should be incorporated into a formal will prepared with the assistance of a qualified lawyer familiar with both jurisdictions. For Croatian diaspora members living outside the EU — for example in the UK, US or Australia — the applicable conflict of laws rules differ and should be considered carefully with legal advice in both countries.
Accepting or Renouncing an Inheritance in Croatia
Because succession occurs automatically under Croatian law at the moment of death, an heir is initially presumed to have accepted the inheritance. However, Croatian law gives heirs the right to renounce (odreći se nasljedstva) during the probate proceedings — typically at the probate hearing before the notary. Renunciation must be unconditional and cannot be made in favour of a specific person: if you renounce, your share passes to whoever would have inherited it had you predeceased the deceased.
Renunciation may be relevant where the estate includes significant debts — under Croatian law, heirs in principle inherit both the assets and the liabilities of the deceased. An heir who accepts the inheritance becomes personally liable for the deceased’s debts, but only up to the value of the assets they inherited.
What Foreign Heirs Need Before Croatian Probate Begins
Foreign nationals and diaspora members inheriting Croatian property face the same substantive legal rights as Croatian-resident heirs, but the practical logistics of participating in Croatian probate from abroad require preparation. The most important steps are:
OIB (personal identification number). Every heir who will be registered as an owner of Croatian property must have a Croatian OIB before the land registry registration can be completed. Obtaining an OIB from abroad is a separate process, handled through a Croatian embassy or by a Croatian lawyer under power of attorney. See our full guide on how to get an OIB in Croatia as a foreigner.
Documents from the country of residence. Croatian probate requires official documents that may need to be obtained in the heir’s country of residence: birth certificates, marriage certificates (to establish the family relationship with the deceased), and death certificates. These documents typically need to be apostilled and accompanied by a certified Croatian translation.
Power of attorney. Foreign heirs are not required to travel to Croatia to participate in probate proceedings. A Croatian lawyer can represent each heir under a notarised power of attorney, attend the probate hearing, accept the inheritance on the heir’s behalf, and manage the subsequent land registry registration. The power of attorney must be notarised in the heir’s country of residence and, in most cases, apostilled.
For a complete walkthrough of the Croatian probate procedure from initiation to inheritance decision and land registry registration, see our detailed guide on Croatian probate procedure for foreign heirs.
Frequently Asked Questions: Croatian Inheritance Law
If your parent died without a will, the estate passes under the statutory first order of succession: the surviving spouse and all children inherit in equal shares. If there are three children and a surviving spouse, each receives one quarter of the estate. If the other parent (the deceased’s spouse) also predeceased them, the entire estate is divided equally among the children. If one of the children predeceased your parent, that child’s share passes to their own children (your siblings’ children) by the right of representation.
Not entirely. Children are compulsory heirs under Croatian law and are entitled to a minimum share — the compulsory share — regardless of what a will says. The compulsory share for children is one half of the share they would have received under the statutory succession rules. A will that attempts to leave a child less than their compulsory share can be partially challenged through a legal claim. Complete disinheritance is only possible on specific statutory grounds — for example, where the heir committed a serious crime against the deceased — and must be explicitly stated in the will with the legal basis given.
Yes. Croatian law gives full inheritance rights to a non-marital partner — someone who lived with the deceased in a long-term, stable cohabitation relationship — on equal terms with a formally married spouse. The same applies to same-sex civil partners recognised under Croatian law. The non-marital partner inherits in the same order and in the same shares as a marital spouse. In practice, the partner may need to provide evidence of the relationship during probate proceedings, which a Croatian lawyer can assist with.
This depends on where you are habitually resident at the time of death. The UK is not bound by the EU Succession Regulation, so the straightforward EU rules (law of habitual residence governs the whole estate) do not automatically apply in the UK-Croatia context. In practice, Croatian property is likely to be subject to Croatian probate proceedings regardless of where you live, and Croatian law will govern the succession of Croatian real estate. The succession of other assets may be governed by UK law as the law of your domicile. Cross-border estate planning involving both Croatian and UK assets requires legal advice in both jurisdictions.
A foreign will can be recognised in Croatia if it meets the formal requirements of either Croatian law or the law of the country where it was made. The most straightforward approach for diaspora members is to make a will that complies with the formal requirements of the country of residence, while also incorporating a choice of law clause (where permitted) specifying that Croatian law governs the Croatian assets. An international will under the Washington Convention is also recognised in Croatia. Any foreign will used in Croatian probate proceedings will need to be officially translated into Croatian.
The Croatian Register of Wills (Upisnik oporuka) is a central database maintained by the Croatian Notaries Chamber that records the existence and location of wills — not their contents. Registration is voluntary but strongly recommended, particularly for diaspora members living abroad. If you die and no one in Croatia knows that you left a will, the probate proceedings may proceed on the assumption that there is no will and distribute your estate under the statutory rules. Registering your will ensures it will be found when the notary checks the register at the start of probate.
The same rules apply to foreign nationals and Croatian citizens. Direct-line relatives (children, grandchildren, parents, grandparents) and the surviving spouse are fully exempt from any tax on inherited Croatian real estate — no inheritance tax and no real estate transfer tax. Heirs outside these categories — such as siblings or unrelated persons — pay the standard 3% real estate transfer tax on inherited real estate. Movable property inherited by non-exempt heirs is subject to a 4% inheritance and gift tax. For a detailed overview of all Croatian property taxes, see our guide on property taxes in Croatia for foreigners.
How Kontić Legal Can Help With Croatian Inheritance Matters
At Kontić Legal, we assist members of the Croatian diaspora and foreign nationals with all aspects of Croatian inheritance law — from advising on which succession rules apply to a specific estate, to representing heirs in Croatian probate proceedings, to estate planning for those who want to ensure their Croatian property passes according to their wishes.
Our inheritance services include: advising on succession entitlements and compulsory share claims, drafting wills that address Croatian assets, registering wills in the Croatian Register of Wills, representing heirs in probate proceedings under power of attorney, obtaining OIBs for foreign heirs, and managing land registry registration following the inheritance decision. Where an estate includes property that heirs wish to sell, we handle the full sale process as well — see our guide on selling inherited property in Croatia.
We work entirely remotely for clients based abroad and coordinate among heirs located in different countries. Contact us using the form below to discuss your situation.
Questions about Croatian inheritance law or a specific estate? Contact Kontić Legal for a consultation.
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