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Wills and Inheritance - What You Need to Know Before Drafting a Will and Starting Probate Proceedings
16/11/2025
Estate planning is often postponed, even though it is an important legal step that can prevent misunderstandings, unnecessary expenses, and lengthy court proceedings. A properly drafted will allows you to dispose of your assets according to your wishes and ensures that your loved ones are legally protected.
Below is an overview of the key issues related to wills, statutory inheritance, and the probate process under Croatian law.
What Is a Will and Why Is It Important?
A will is a unilateral legal act by which the testator determines how their property will be distributed after death. It is the clearest and most secure way to avoid disputes among heirs and ensure the testator’s true wishes are respected.
Benefits of drafting a will:
- freely and precisely designating heirs,
- allowing inheritance by individuals who are not statutory heirs,
- reducing the risk of disputes,
- speeding up and simplifying the probate process.
Types of Wills Under Croatian Law
Croatian law recognizes several forms of wills, each of which must meet specific statutory requirements to be valid.
1. Holographic Will- written entirely by hand,
- signed by the testator,
- no notarization required.
- may be typed or written using a computer,
- must be signed by the testator in the presence of two witnesses,
- suitable for persons unable to write by hand.
- drafted by a notary public or court,
- offers the highest level of legal certainty,
- recommended in cases involving significant assets or complex family relationships.
- allowed only in exceptional and urgent circumstances,
- often disputed and used only when no other option is available.
Statutory Inheritance - Who Inherits if There Is No Will?
If no will exists or the will is invalid, the rules of statutory inheritance apply.
First Inheritance Order- children and their descendants,
- the spouse.
If there are no descendants or a spouse, the following inherit:
- parents,
- siblings and their descendants.
If there are no heirs from the first two ranks, the following inherit:
- grandparents,
- their descendants.
Forced Heirs
Forced heirs have a statutory right to a portion of the estate, regardless of the will’s contents. Their forced share may be denied only in strictly regulated circumstances.
Forced heirs include:
- children and their descendants,
- adopted children,
- the spouse,
- parents (in certain cases).
The Probate Process - What to Expect?
Probate proceedings are conducted by a notary public as a court commissioner, and typically include:
- initiating proceedings after the testator’s death,
- determining the estate assets,
- identifying statutory and testamentary heirs,
- holding the probate hearing,
- issuing the decision on inheritance.
If disputes arise (e.g., contesting a will), the matter is transferred to the competent court for litigation.
Common Mistakes to Avoid
- the will is not drafted in a legally required form,
- missing signatures or invalid witnesses,
- using unclear or ambiguous language,
- storing the will in an unsafe location,
- multiple versions of the will,
- amending the will without legal assistance.
How to Ensure a Valid Will?
- draft the will clearly, precisely, and logically,
- follow statutory formalities,
- seek professional legal assistance,
- store the will safely or deposit it with a notary,
- update it according to major life changes (marriage, divorce, inheritance, purchase of property, etc.).
Do You Need Assistance With Drafting a Will or Navigating Probate?
If you need guidance regarding wills, inheritance, or the probate process, or if you want a professionally prepared and legally sound will, feel free to contact us.
Get in touch for legal advice or to schedule a consultation. We are here to help you protect your rights and interests.
Have more questions?
A representative from our office will get back to you as soon as possible.
- 091 520 0264
- andrej@odvjetnikbasovic.hr