Registration of certificate of inheritance

1. To what extent could the Certificate be registered in your Land Registry? Is this Certificate enough for the registration of ownership (or other rights in rem) in the name of the heirs (or legatees)? Otherwise, which other additional documents or complementary requirements would be needed?

Bosnia and Herzegovina – and therefore the Federation BiH is not an EU member, hence the land registry offices at the Municipal Courts in the Federation BiH do not accept the certificates of inheritance issued by the competent authorities of other countries in accordance with EU Regulation 650/2012.

2. In particular: for the purposes of registration, if the interested parties have complied with a Certificate of Inheritance adequately, will sharing out or distribution of estate deeds be also necessary?

The Certificate of Inheritance issued by the competent authority/authorities of another country can not be a basis for action in the land registry office of the Federation BiH.

3. In the event that the Certificate cannot be used for purposes of registration at all in your LR system, please let’s know the legal reasons.

The authority for every action related to real estate in the Federation BIH is solely with the domestic authorities / bodies. The inheritance consisting of real estates shall, in the Federation BiH, be discussed at the municipal courts pursuant to territorial jurisdiction.

Exclusive jurisdiction of a domestic court is stipulated in Article 13, Paragraph 3 of the Law on Extrajudicial Proceedings of the Federation BiH; When the extrajudicial proceedings are related to a decision on real estate, sole authority is with the court of competent jurisdiction in the territory of which the immovable property is located.

4. May the Certificate be rejected by your registration authorities in the event of inadequate completion, mistakes or inaccuracies?

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5. For the certificate to be effective for the distribution of the estate and its registration, should this document be issued by national notaries or other practitioners or could it be issued by foreign notaries?

Document-Decision on inheritance must be issued by the national competent authority (Municipal Court), and in terms of the distribution of inherited assets when the heirs fail to distribute the property they can make an Agreement on the distribution of property with a domestic notary.