Have you inherited real estate in Croatia but cannot register yourself as the owner based on the European Certificate of Succession?
Find out why this happens and how the situation can be resolved.
Cross-border inheritance of real estate in the Republic of Croatia is becoming increasingly common. Particularly frequent are cases in which a person living abroad owns real estate in Croatia, while, following their death, the heirs remain in the country where the deceased was residing.
In such situations, heirs will usually obtain a decision on inheritance and a European Certificate of Succession and expect that, based on these documents, they will be able to simply register their ownership rights in the Croatian Land Registry.
However, in practice, this is not always possible.
The European Certificate of Succession is not always sufficient for registration in Croatia
The European Certificate of Succession primarily serves to establish the status of an heir and other rights related to succession in cross-border situations.
However, in order to register ownership rights in the Croatian Land Registry, the specific requirements of Croatian land registry law must also be met.
In a particular case, it may happen that the European Certificate of Succession does not contain all the information required for registration or that direct registration of ownership rights cannot be carried out on its basis.
As a result, an heir may remain unregistered as the owner in the Croatian Land Registry, even though it has been established by a final and binding decision that they inherited the relevant property.
This can be particularly problematic where the real estate is located in Croatia, while the heirs live in Germany, Austria, Switzerland or other countries, as has also been confirmed in Croatian case law to date.
How can the problem be resolved if registration is not possible?
If the existing documentation is not sufficient for direct registration, the specific case must be examined in order to determine which legal proceedings need to be initiated in the Republic of Croatia.
In certain cases, it is necessary to initiate appropriate court proceedings before a Croatian court. The purpose of such proceedings is to obtain a final and binding court decision that can serve as the legal basis for registering the ownership right in the Land Registry.
Once the proceedings have been finally concluded, the registration can be carried out and the heir can be registered as the owner of the real estate.
It is important to emphasize that each case must be assessed individually. Before initiating proceedings, the inheritance documentation, the current Land Registry status, the details of the real estate and the details of the previously registered owner should be carefully reviewed.
An example from the practice of our law firm
In one recently resolved case, we represented a mother and her son from the Federal Republic of Germany who had inherited a family house in Zadar County.
Following the death of the father, the heirs completed the inheritance proceedings and obtained a decision on inheritance and a European Certificate of Succession.
However, the documentation was not sufficient to directly register their ownership rights in the Croatian Land Registry.
The heirs therefore contacted our law firm for legal assistance.
After reviewing the documentation and the Land Registry status, our law firm took over their representation and undertook the necessary legal steps before the competent Croatian court.
The proceedings were successfully concluded with the issuance of a final and binding court decision, following which the heirs' ownership rights were registered in the Land Registry.
In this particular case, the proceedings took approximately one month from the time our firm took over the matter until the final and binding court decision was issued and the registration was completed.
Why is it important to check the Land Registry?
The fact that you are an heir to a particular property does not necessarily mean that you will automatically be able to register yourself as the owner in the Croatian Land Registry.
Particularly in cases involving real estate inherited through cross-border inheritance proceedings, there may be discrepancies between the information contained in the inheritance documents and the information recorded in the Croatian Land Registry.
Before submitting an application for registration, it is advisable to check:
- who is currently registered as the owner of the property,
- whether the property details correspond to those contained in the inheritance documentation,
- whether the European Certificate of Succession contains all the necessary information,
- whether there is an appropriate document serving as a basis for registration,
- and whether additional court proceedings in Croatia are required in order to complete the registration.
A proper legal assessment at the beginning of the process can significantly shorten the time required to resolve the matter.
Have you inherited real estate in Croatia? We can help
If you live in the Federal Republic of Germany or another country and have inherited a house, apartment, land or other real estate in Croatia, you do not necessarily have to travel to Croatia personally for every step of the proceedings.
Luka Mrkić Law Firm provides legal assistance to clients from abroad in matters relating to inheritance, real estate and the registration of ownership rights in the Croatian Land Registry.
If you already have a decision on inheritance and a European Certificate of Succession, we can review the existing documentation and the Land Registry status and determine whether direct registration is possible or whether appropriate proceedings need to be conducted in the Republic of Croatia.
The goal is simple – to enable heirs who have acquired ownership rights to real estate in Croatia to properly register those rights in the Croatian Land Registry.
