How does the inheritance procedure work in Kosovo?
When someone dies, their estate passes to their heirs through an inheritance proceeding. In Kosovo this is usually handled by a notary when the heirs agree, or by the Basic Court when there is a dispute; it ends with a decision on inheritance that names the heirs and their shares. Inherited immovable property is then registered in the heirs’ names at the cadastre.
Key points
- The inheritance proceeding is handled by a notary when the heirs agree, and by the Basic Court when there is a genuine dispute.
- Heirs are either the statutory heirs under the orders of succession or the persons named in a valid will.
- Women and men have equal inheritance rights under the Law on Inheritance.
- The proceeding ends with a decision on inheritance; inherited immovable property is then registered at the cadastre.
How the inheritance procedure works, step by step
In Kosovo, inheritance is governed by the Law on Inheritance (Law No. 2004/26). When a person dies, their property, rights and obligations pass to their heirs through an inheritance proceeding. Under this law, women and men have equal inheritance rights. When the heirs agree, a notary conducts the proceeding as court commissioner; when there is a genuine dispute, the Basic Court (Gjykata Themelore) decides the matter.
- The proceeding is initiated after the death, usually on the basis of the death certificate and information about the estate and the possible heirs.
- If the heirs agree and there is no dispute, a notary handles the matter as court commissioner; if there is a genuine dispute, the Basic Court decides it.
- The heirs are identified — either the statutory (legal) heirs according to the orders of succession, or the persons named in a valid will.
- Each heir can accept or renounce the inheritance.
- A decision on inheritance (aktvendim për trashëgimi) is issued, naming the heirs and their shares.
- Inherited immovable property is registered in the heirs’ names in the Immovable Property Rights Register at the cadastre.
Who inherits, and in what order
When there is no will, the estate passes to the statutory (legal) heirs according to the orders of succession set by law. The first order generally includes the deceased’s descendants (the children) together with the surviving spouse. If there are no heirs in the first order, later orders follow — for example the parents, and then the grandparents. Heirs in a nearer order generally exclude those in a more distant one.
When there is a will
A person can leave a will (testament) to direct how their estate is distributed. To be valid, a will must meet the form requirements set by law, and it can later be challenged — for example over its validity or the way it was made. A will can be deposited or registered so that it can be found when needed. Where a valid will exists, it guides the distribution, within the limits the law sets for protected heirs.
Disputes and renouncing an inheritance
If there is a genuine dispute — about who the heirs are, whether a will is valid, or the size of the shares — the matter becomes contested. A contested inheritance is not decided by the notary; it is referred to the Basic Court and decided in civil proceedings.
An heir does not have to accept an inheritance. Within the proceeding, an heir can accept it or renounce it by a statement made before the notary or the court. Renouncing means giving up the share, and it can affect who inherits in your place.
Frequently asked questions
Who handles the inheritance proceeding in Kosovo?
When the heirs agree and there is no dispute, a notary conducts the proceeding as court commissioner. When there is a genuine dispute, the Basic Court (Gjykata Themelore) decides the matter in civil proceedings.
What is a decision on inheritance?
It is the decision (aktvendim për trashëgimi) issued at the end of the proceeding. It names the heirs and their shares and is the basis for registering inherited immovable property in the heirs’ names.
Do daughters and sons inherit equally?
Yes. Under the Law on Inheritance, women and men have equal inheritance rights, including daughters and sons.
Can I inherit if I live abroad?
Yes. Living abroad does not remove your inheritance rights. Heirs in the diaspora often take part in the proceeding through a representative in Kosovo, using a notarised power of attorney; the exact requirements should be confirmed in advance.
What happens if an heir renounces the inheritance?
An heir can renounce by a statement before the notary or the court. Renouncing generally means giving up the share, which may pass to other heirs. Because this decision is significant and hard to reverse, it deserves careful thought.