Inheriting Property in Slovenia – What Heirs Living Abroad Need to Know

If you live in Austria, Germany or another country and have inherited property in Slovenia, there are often a number of practical and legal matters that need to be addressed in addition to the inheritance itself. The most important issues include determining jurisdiction and the law applicable to the succession, obtaining appropriate documents proving your status as an heir, and registering your ownership right in the Slovenian Land Register.

In cross-border inheritance cases, questions therefore often arise as to whether probate proceedings also need to be conducted in Slovenia, whether a European Certificate of Succession can be used, how the heir can be registered in the Slovenian Land Register, and whether the heir needs to travel to Slovenia in person.

Our law firm assists heirs from Austria, Germany and other countries with the legal handling of inheritance matters in Slovenia – from reviewing the relevant documents and using a European Certificate of Succession to registering inherited property in the Slovenian Land Register. Many of the necessary steps can be handled on your behalf in Slovenia under a power of attorney, without the need for you to travel to Slovenia in person.

Below, we explain the most important steps.

Which law applies to an inheritance in Slovenia?

In a cross-border inheritance case, the location of the inherited property is not the only factor determining which law applies.

The applicable succession law is determined in particular by the rules of Regulation (EU) No 650/2012 on succession.

As a general rule, the law applicable to the succession as a whole is the law of the country in which the deceased had their habitual residence at the time of death. Under certain circumstances, however, the deceased may have chosen the law of the country whose nationality they possessed.

The fact that a property is located in Slovenia therefore does not automatically mean that Slovenian succession law applies to the entire inheritance.

In each cross-border inheritance case, it is therefore important to examine the circumstances of the deceased, their last habitual residence, any will or choice of law, and any decisions or certificates of succession that have already been issued.

European Certificate of Succession

In inheritance cases involving EU Member States, the European Certificate of Succession plays an important role.

Its purpose is, in particular, to enable heirs, legatees, executors of wills and administrators of estates to prove their status and rights in another EU Member State.

If a European Certificate of Succession has already been issued in another EU Member State, it can also be used in Slovenia. This is particularly relevant where probate proceedings have been completed, for example, in Austria or Germany, while the estate includes property located in Slovenia.

Before taking further steps, the contents of the certificate should be reviewed to determine whether it contains all the information required for the relevant proceedings in Slovenia.

Registration of inherited property in the Slovenian Land Register

Once a person has been established as an heir, the process concerning property located in Slovenia is not necessarily complete.

The appropriate steps must also be taken to register the heir's ownership right in the Slovenian Land Register.

Before filing an application for registration, it is important to check in particular:

• the property details and the current Land Register status,
• the document proving the right of inheritance,
• the heir's personal details,
• whether translations of foreign documents are required,
• any other formal requirements for registration.

If the documentation is incomplete or does not meet the applicable requirements, the court may request additional documents or information, which can delay the procedure.

For this reason, particularly where documents have been issued abroad, it is advisable to review the documentation before initiating the Land Register procedure.

Does the heir need to come to Slovenia in person?

In many cases, the heir does not need to travel to Slovenia in person.

Where representation is permitted for the relevant procedural steps, a lawyer can carry out the necessary legal actions in Slovenia under an appropriate power of attorney.

Depending on the individual case, this may include communication with courts and other competent authorities, obtaining the required documents, reviewing foreign inheritance documents and handling the Land Register procedure.

This is particularly useful for heirs living in Austria, Germany or other countries, as repeated travel to Slovenia can often be avoided.

Whether a particular inheritance matter can be handled entirely without the heir's personal presence depends on the documentation available and the legal steps required in the individual case.

Can inherited property in Slovenia be sold afterwards?

If an heir does not intend to use or retain the inherited property in Slovenia, the question of selling it often arises.

Before the property is sold, it should first be established whether the inheritance has been properly settled and whether the Land Register status has been arranged in a way that allows the transaction to proceed.

The sale may then involve preparing or reviewing the sale and purchase agreement, dealing with tax obligations, arranging any required certification of signatures and completing the transfer of ownership to the buyer.

If it is already known during the inheritance process that the heir intends to sell the inherited property, it is advisable to consider the subsequent steps at an early stage.

Our law firm can therefore assist you not only with the inheritance and Land Register registration, but also with the legal handling of the subsequent sale of inherited property in Slovenia.

Common problems in cross-border inheritance cases

In practice, proceedings can be delayed by incomplete documentation, inconsistent personal details, unresolved Land Register issues, inadequate translations of foreign documents or missing information in documents issued abroad.

Problems may also arise where the inheritance proceedings have already been completed abroad, but further steps are still required in relation to property located in Slovenia.

Before initiating proceedings in Slovenia, it is therefore advisable to review all available documentation and determine which legal steps are actually still required.

How can our law firm assist you?

We assist heirs living abroad who have inherited property or other assets in Slovenia with the legal handling of their inheritance matters in Slovenia.

Depending on the circumstances of the individual case, our assistance may include reviewing the relevant documentation and Land Register status, examining a European Certificate of Succession or other documents proving inheritance rights, communicating with Slovenian courts and competent authorities, obtaining the necessary documents and handling the Land Register procedure.

If you intend to sell the inherited property afterwards, we can also assist you with the legal preparation and handling of the sale.

We communicate with our clients in English, German and Slovenian, and many of the necessary procedures in Slovenia can be handled under an appropriate power of attorney without requiring the client to travel to Slovenia repeatedly.

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