What does probate at a notary cost? The notary's fee is 65 € for an estate of up to 5,000 €, and above that 65 € plus 0.5% of the excess, at most 350 €, plus VAT and the costs of the procedure.
A flat or house often changes owner not through a sale but through an inheritance. Local searches confirm it: next to "ostavinski postupak" (probate procedure) people most often add "kod notara" (at a notary), "crna gora" and "cijena" (price), and they also search for "koliko traje ostavinski postupak kod notara" (how long probate at a notary takes), "ostavinska rasprava posle smrti roditelja" (probate after a parent's death), "porez na nasljedstvo od roditelja" (tax on inheritance from parents) and "da li naslednici prvog reda placaju porez" (do first-order heirs pay tax).
This article takes those questions in order: who inherits under the law, how the procedure runs from the death record to the decision, what renouncing an inheritance means, what the notary charges, when transfer tax is due and how far heirs are liable for debts.
The estate passes at the moment of death, registration comes later
Under the Law on Inheritance, the estate passes to the heirs by operation of law at the moment of the deceased's death. Who the heirs are and what their shares are is established in probate proceedings, by a decision on inheritance. The final decision is sent to the competent authority, and for real estate it is the basis for registering the heirs in the cadastre. Until that happens, the cadastre extract still shows the deceased's name.
Foreigners in Montenegro have, subject to reciprocity, the same inheritance rights as Montenegrin citizens, unless an international treaty provides otherwise, and reciprocity is presumed until the contrary is shown.
Who inherits under the law
If there is no will, inheritance follows the orders of succession, and a closer order excludes a more distant one:
| Order | Who inherits | How it is divided |
| First | The deceased's children and spouse | In equal shares; the children of a child who died earlier inherit in that child's place |
| Second | Spouse and parents, if there are no descendants | Spouse one half, parents one half; the deceased's brothers and sisters inherit in place of a parent who died earlier |
| Third | Grandparents, if there are no descendants, no parents or their descendants, and no spouse | Half to the father's side, half to the mother's side |
| Fourth | Great-grandparents | Half on the father's side, half on the mother's side |
If both parents died before the deceased without leaving descendants, the spouse inherits everything. A cohabiting partner is treated like a spouse for inheritance, and a child adopted by full adoption like a birth child. A same-sex life partner has the same inheritance rights as a spouse.
A will can dispose of only part of the estate. Descendants, the spouse, adopted children, parents and adoptive parents are forced heirs: the forced share of descendants and the spouse is one half, and that of the other forced heirs one third, of what they would receive under the law.
How the procedure runs
Heirs do not have to start the procedure themselves: it is opened ex officio as soon as the court learns of a death.
- Death record. The registry office must send it to the probate court within 15 days of registering the death.
- The court entrusts the procedure to a notary based in its area. The competent court is the one for the deceased's residence, and if the deceased had no residence in Montenegro, the court where most of the estate is located.
- Hearing. The notary summons the heirs and tells them that until the end of the procedure they can declare whether they accept or renounce the inheritance. Anyone who does not attend and gives no declaration is presumed to accept.
- Decision on inheritance. It lists the real estate with its cadastre data, the heirs and their shares. If all heirs agree on a division, the notary includes the agreement in the decision.
- Objection within eight days. An objection to the notary's decision is filed with the notary and decided by the court that entrusted the procedure.
- Finality and registration. The notary certifies the final decision as final, and the decision is sent to the competent authority.
The notary returns the case to the court if a temporary administrator of the estate must be appointed, protective measures ordered, or if creditors ask for the estate to be separated. If the deceased left no property, the procedure is discontinued, as it is when only movable property was left and nobody asks for a hearing. The law does not set a total duration for the procedure.
Renouncing an inheritance
An heir can renounce an inheritance by a declaration made before the hearing ends. Renunciation cannot be partial or conditional, and it cannot be revoked. An heir who has already disposed of the estate or part of it cannot renounce.
Renouncing "in favour of" a particular heir, for example a brother or sister, is treated by the law as accepting the inheritance and at the same time assigning the share. Someone who renounces only in their own name is treated as if they had never been an heir, and their share passes on as if they had died before the deceased. An heir living abroad can also make the declaration of renunciation before a Montenegrin consular representative or a foreign notary.
What probate at a notary costs
Under the Tariff on Fees of Notaries as Court Commissioners in Probate Proceedings, in force since 9 April 2026, the notary receives one fee for all acts in the procedure, based on the value of the estate:
| Value of the estate | Notary fee |
| up to 5,000 € | 65 € |
| over 5,000 € | 65 € + 0.5% of the amount above 5,000 €, at most 350 € |
VAT is added to the fee. The notary sets the value at their discretion, based on the heirs' statements and the information in the procedure, and it is a net value: the deceased's debts, funeral costs, legacies and the costs of inventory and valuation are deducted. For an estate of 40,000 € the fee is 240 €, and from about 62,000 € upwards it reaches the cap of 350 €. If the notary finds that the deceased left no estate, no fee is due.
An inventory and sealing of property, if needed (75% of the basic fee), an expert valuation if the notary orders one, and the notary's expenses in the procedure are paid separately.
Tax when you inherit real estate
Inheriting real estate counts as a transfer under the Law on Property Transfer Tax, and the taxpayer is the heir. The tax is not paid by:
- first-order heirs, the spouse and the parents of the deceased, and a same-sex life partner who lived in the partnership with the deceased until death: that exemption comes from the 2020 Law on Same-Sex Life Partnership, and since 10 September 2026 the Law on Property Transfer Tax also names the partner expressly;
- a second-order heir, for one inherited flat, if they lived continuously in a joint household with the deceased for at least a year before the death;
- an heir who renounces the inheritance or assigns their share to a co-heir during the procedure, for that share.
Other heirs, for example brothers, sisters or nephews who did not live with the deceased, pay tax at the same rates as on a purchase: 3% up to 150,000 €, then 4,500 € + 5% on the amount above 150,000 €. The base is the market value, the tax liability arises on the day the decision becomes final, and the tax return is filed within 15 days. Details are in our article on property transfer tax.
Once you become the owner, annual property tax follows too, with a tax return to the municipality within 30 days of acquisition. How it is calculated is covered in our article on property tax.
The deceased's debts
An heir is liable for the deceased's debts only up to the value of the inherited property. Where there are several heirs, they are jointly liable, each up to the value of their share, and between themselves they divide the debts in proportion to their shares. An heir who has renounced is not liable for the debts. Creditors may, within three months of the opening of the inheritance, ask for the estate to be separated from the heirs' own property.
If a mortgage is registered on the inherited flat, it remains until the debt is closed and the mortgage deleted. How that works in a sale is explained in our article on selling a flat with a mortgage.
After the decision: registration and sale
Once the decision is final and the heirs are registered, the flat can be sold like any other. If there are several heirs and only one wants to keep the flat, the easiest place to record the division agreement is the decision on inheritance. The sale process is covered in our guide to selling a flat and our article on the purchase contract at the notary, and you can post a listing in the real estate category.
Frequently asked questions
Who are first-order heirs? The deceased's children and spouse, in equal shares. The children of a child who died before the deceased inherit in that child's place.
Do first-order heirs pay inheritance tax? No. First-order heirs, the spouse and the parents of the deceased are exempt from property transfer tax.
Can I renounce an inheritance in favour of my brother or sister? You can, but the law treats this as accepting the inheritance and assigning your share. If you assign your share to a co-heir during the procedure, you pay no transfer tax on that share.
Do I have to come to Montenegro if I live abroad? You can make a declaration of renunciation before a Montenegrin consular representative or a foreign notary. For other declarations the signature must be certified by a court or a notary, and you can also appoint a representative.
Is an heir liable for the deceased's debts? Only up to the value of the inherited property. An heir who has renounced the inheritance is not liable for the debts.
Sources
Orders of inheritance, forced shares, renunciation and liability for debts come from the Law on Inheritance (Official Gazette of Montenegro 74/2008, articles 5, 9 to 20, 27, 28, 130 to 136, 140 and 141). The procedure at a notary is governed by the Law on Non-Contentious Proceedings (articles 94 to 99, 119a to 134f). The notary's fee is taken from the Tariff on Fees of Notaries as Court Commissioners in Probate Proceedings (Official Gazette of Montenegro 49/2026). The tax is governed by the Law on Property Transfer Tax (articles 8, 9, 11, 14, 15 and 16, with the amendment in Official Gazette of Montenegro 132/2026). The position of a same-sex life partner is governed by articles 66 and 67 of the Law on Same-Sex Life Partnership (Official Gazette of Montenegro 67/2020). Fijaka is a listings platform and does not give legal advice; for a specific estate, consult a notary or a lawyer.