Selling inherited property in Bosnia: heirs, price, split

You can usually sell an inherited property in Bosnia and Herzegovina only after the inheritance procedure (ostavinski postupak) ends with a final inheritance decision (rješenje o nasljeđivanju), because only then is it clear who the heirs are and how large each share is. If there are several heirs, selling the whole property needs everyone's agreement, and no law sets the price: that is for you to agree among yourselves. If you cannot agree, any heir can ask for the estate to be divided, and a court then decides the dispute.

This page is general information, not legal advice. A notary or lawyer confirms the details for your specific case.

Which law applies where

Inheritance is regulated separately in each part of the country:

• Federation of BiH (FBiH): Zakon o nasljeđivanju u FBiH (Official Gazette of FBiH 80/14).
• Republika Srpska (RS): Zakon o nasljeđivanju (Official Gazette of RS 1/09, with later amendments). The procedure itself is set out in the RS Law on Non-Contentious Procedure (Zakon o vanparničnom postupku).
• Brčko District (BD): Zakon o nasljeđivanju BD (Official Gazette of BD 36/17), together with the Brčko Law on Non-Contentious Procedure.

The rules of the place where the procedure is held apply, so below we describe them separately where they differ.

The inheritance procedure: how it starts and who runs it

FBiH

The municipal court opens the procedure on its own initiative once it receives the death notice (smrtovnica) or the death certificate. The law gives a 30-day period for this; if your case seems stuck, check the exact provision with the court.

In practice the case is usually handled by a notary acting as a court commissioner. The notary then has the powers of a municipal judge, except for decisions the law reserves for the court. Worth knowing:

• The notary must finish within a "reasonable time". There is no fixed deadline.
• On certain questions (for example the deceased's debts or dividing household items) the notary can decide only if all parties agree. Otherwise the file goes back to the court.
• The court can take a case back from the notary for important reasons.
• You can challenge a notary's decision with an objection (prigovor) within 8 days of receiving it.

If heirs dispute the right to inherit, the will, or how the estate should be divided, the inheritance procedure is paused and they are referred to a civil lawsuit (parnica).

RS

The basic court (osnovni sud) opens the case on its own initiative as soon as it learns of the death, and heirs can also request it. The court should hand the case to a notary within 8 days of receiving the death notice, unless an heir asks for the court itself to handle it. An heir who was properly summoned but does not attend is treated as agreeing that the notary runs the case. If someone claims there is an oral will, the notary sends the file back to the court.

Brčko District

Heirs do not have to make an inheritance statement: silence counts as acceptance. Once someone has validly accepted the inheritance, they cannot renounce it later. If it is not known whether there are heirs, the court publishes a notice with a one-year deadline, which delays any sale considerably. Whether a notary can also run the case in Brčko is something to check with the Basic Court of Brčko District.

Heirs living abroad

The president of the FBiH Notary Chamber has said that heirs who live abroad are the most common practical problem in these cases. It is usually solved with a power of attorney or a statement the heir signs outside Bosnia.

What form and certification that document needs, and whether it needs an apostille, is confirmed by the notary handling the case, before the heir signs anything. In FBiH, the rules on certifying heirs' statements and powers of attorney have been the subject of proposed amendments, including the option of making the statement at a BiH embassy or consulate. Ask the notary whether those changes have been adopted. For the practical side, see our guide on selling property in Bosnia while living abroad.

Several heirs: what you can do before division

In FBiH the law distinguishes two stages:

1. Until each heir's share is fixed, the heirs manage and dispose of the estate under the rules for joint ownership (zajedničko vlasništvo). In practice: you decide about the property together.
2. Once the shares are fixed and until division, the rules for co-ownership (suvlasništvo) apply. Each heir holds a fractional share on paper, for example one third.

Until division, or until the inheritance decision becomes final, an heir can transfer their share only to a co-heir, not to an outside buyer. The law prescribes a particular form for that contract. Check with a notary or lawyer exactly which form before you sign.

In FBiH co-heirs are jointly and severally liable for the deceased's debts, each up to the value of their share, whether or not the estate has been divided. Between themselves, they split the debts in proportion to their shares. So before selling, find out whether there are debts or mortgages on the property.

For RS and Brčko District, ask the notary how these rules apply to you, as they do not necessarily match FBiH in every respect.

Agreeing on the price

No law says how co-heirs set a sale price. It is a matter of agreement. Do not expect the notary to value the property either: a valuation needs the parties' consent or a report from an expert appointed by the court.

Agreement is easier when everyone looks at the same numbers:

• Compare similar flats in the same neighbourhood, not the city average.
• If you disagree, hire a licensed valuer whose report you all accept in advance.
• Agree in writing on a minimum price nobody sells below, and on who negotiates with buyers.
• Agree on who pays the selling costs and how they are shared.

An example from our own listings: the median asking price across seven DMI listings in Sarajevo is 5,722 KM per m², ranging from 3,667 to 6,574 KM. Two 54 m² two-room flats in Čengić Vila are listed at 309,000 KM and 339,000 KM, depending on floor and condition. These are asking prices, not sale prices, and the sample is small, but it shows how much floor and condition can move the price within one neighbourhood. Our guide on how to price a property for sale in Bosnia walks through the process step by step.

Division: who gets what

Heirs usually choose one of three routes:

• Sell together and split the money in proportion to the shares.
• One heir keeps the property and buys out the others. In FBiH the law says an heir who receives more than their share pays the difference to the others in cash.
• Physical division, which is realistic for a large plot or a house, rarely for a flat.

In FBiH, if all heirs and legatees (people left specific items in a will) agree on the division during the inheritance procedure, the agreement is written into the inheritance decision. This is usually simpler than dividing afterwards. Any heir in FBiH can demand division at any time, and that right never expires. A contract or will clause that permanently bans division is void.

If you cannot agree

If someone disputes the will, the right to inherit or the way of dividing, the matter goes to a civil lawsuit. If the inheritance is settled but you disagree about selling or the price, the practical options are court-ordered division or a court-ordered sale of the property. That route usually takes longer than an agreement, and a lawyer should confirm how it would work in your case. Before going there, it is worth trying an independent valuation and a written buyout offer.

Steps to a sale

1. Check whether the inheritance procedure has started and who runs it (court or notary).
2. Get a land registry extract (ZK izvadak) or, in RS, a property sheet (list nepokretnosti) and check for burdens, mortgages and whether it matches the cadastre.
3. Arrange powers of attorney for heirs who cannot attend, in the form the notary confirms.
4. If possible, agree the division at the inheritance hearing so it goes into the decision.
5. Wait for the inheritance decision to become final.
6. Ask the notary whether the heirs must be registered in the land register or cadastre before selling, and how long that takes.
7. Agree the price and the rules of the sale in writing.
8. Prepare the documents and put the property on the market.

Documents you usually need

• the final inheritance decision
• a land registry extract or property sheet
• identity documents of all sellers
• powers of attorney for absent heirs
• proof of the building's legal status and, for a flat, of etažiranje (registration of the flat as a separate unit)

The notary confirms the exact list for your case. For an overview, see documents you need to sell property in Bosnia.

Costs and taxes

Notary and court fees for the inheritance procedure, registration costs and taxes differ between FBiH, RS and Brčko District, and in FBiH partly between cantons. Before you agree on a price, ask the notary for a written overview of all costs and taxes in your case, including who pays them, so they do not eat into the amount you agreed.

Mistakes to avoid

• Taking a deposit (kapara) before the inheritance decision is final.
• Selling your share to an outsider before division, which is not allowed in FBiH.
• Agreeing verbally. Write down and sign the price, the division and the costs.
• Ignoring the deceased's debts, for which you are liable up to the value of your share.
• Signing a power of attorney abroad without first checking the required form with the notary.
• Pricing by the city average instead of comparable flats.

Example

Three siblings inherit a 54 m² two-room flat in Sarajevo, one third each. One brother lives in Germany. At the inheritance hearing before the notary they agree that the sister keeps the flat and buys out her brothers. The brother in Germany takes part through a power of attorney whose form the notary confirmed in advance. They take about 309,000 KM as the basis, in line with comparable listings in the neighbourhood, so the sister pays each brother 103,000 KM. The agreement is written into the inheritance decision. The figures are an illustration; your price depends on condition, floor and the market.

How DMI helps

We visit every property we list in person and check the land registry, legalisation and photos before publishing. We help heirs agree on a realistic price based on comparable flats, and for those abroad we offer video tours and regular updates. If you have inherited a property and are thinking of selling, contact us through Sell your property.