Understand inheritance law and estate planning in Macedonia. Learn how to transfer property, write a will, or claim your inheritance from abroad.
Understanding Inheritance and estate planning in Macedonia
Inheritance in North Macedonia is a legal reality that many individuals and families will face—whether involving real estate such as apartments, houses, or agricultural land, or financial assets such as contractual rights, securities, or company shares. Proper estate planning in Macedonia and timely legal support are crucial to ensure a smooth transfer of assets, avoid disputes among heirs, and preserve family relationships.
Whether you are based in Skopje, Bitola, Ohrid, or abroad as a member of the Macedonian diaspora, seeking advice from a qualified inheritance lawyer in Macedonia can help protect your rights and navigate cross-border legal complexities.
Inheritance Law in Macedonia: Key Legal Frameworks
A lawyer’s role in probate and inheritance cases extends beyond protecting property; legal expertise is essential to prevent misunderstandings among spouses, siblings, and other relatives and ensure that inheritance rights are properly enforced under Macedonian law.
Our Law on Inheritance is the main legal instrument governing probate procedures in North Macedonia. It outlines the rights and obligations of heirs, the role of courts and notaries, and the procedures for estate division. Depending on the nature of the estate, additional laws may apply, including:
- Law on Obligations – relevant for gifts and contracts concluded during the lifetime of the deceased;
- Law on Property and Other Real Rights, Law on Construction, and Law on Agricultural Land – applicable to real estate;
- Law on Securities and Law on Companies – covering business and financial assets;
- Law on International Private Law – crucial when heirs or property are located in multiple jurisdictions.
You should understand these frameworks when your involved in estate planning or inheritance claims in Macedonia, especially when dealing with cross-border estates.
Legal Mechanisms for Estate Transfers in Macedonia
Macedonian law offers several legally recognized tools for transferring property and managing succession. Each differs in terms of control, revocability, and timing of ownership transfer.
Wills (Testaments) in Macedonia
The most traditional method of estate planning in Macedonia is the testament (will), available to individuals aged 15 or older with full mental capacity. Wills can take several forms:
- Handwritten wills – valid if fully written and signed by the testator;
- Oral wills – valid for 30 days under exceptional conditions;
- Court wills – dictated before a judge;
- Notarial wills – drafted and kept by a licensed notary;
- Embassy or consular wills – useful for Macedonian citizens living abroad.
A will only takes legal effect after the testator’s death and may be revoked or amended at any time. However, it may be contested on grounds of coercion, incapacity, or failure to observe minimum statutory shares reserved for close relatives (forced heirs). Consult a lawyer prior to drafting a will (testament) in North Macedonia
Gift Agreement (donation agreement) in Macedonia
A gift agreement enables immediate transfer of ownership and bypasses the formal inheritance process. Prior owner may retain limited rights such as the right to reside in or lease the property. Once finalized, the gift-giver cannot easily revoke the contract, unless it proves serious ingratitude from the recipient.
This method is not subject to inheritance law restrictions and offers legal certainty, making it particularly attractive to diaspora heirs or parents wishing to secure inter vivos property transfers.
Lifetime Alimony Contract (Support Until Death)
This contract allows one party to provide lifelong care or support in exchange for ownership of property. The property transfers only after the recipient’s death. To make the agreement legally binding, the parties must notarize it and sign it in front of two witnesses. The notary register the agreement with the Real Estate Cadaster.
Termination is possible through mutual consent or breach of obligations. In some cases, prolonged neglect by both parties can lead to implicit termination. Upon death, the supporter may register the property directly, without probate. However, left out inheritors can challenge the agreement in court under specific conditions.
Legal Order of Succession in Macedonia When There Is No Will
In cases where a person passes away without a valid will or has not executed any lifetime estate transfer instruments—such as a gift agreement or lifetime support contract. The estate is distributed according to the rules of intestate succession under Macedonian inheritance law. Macedonian inheritance law distributes the estate according to the rules of intestate succession. The law establishes a three-tiered legal order of heirs that determines who inherits the estate by default:
- Primary Order of Inheritance – any surviving children and spouse inherit in equal shares. If a child of the deceased passed away earlier, their portion is inherited by their children (the grandchildren of the deceased).
- Second Order – If the deceased leaves no descendants, the estate is divided between the surviving spouse and both parents. In this case, the spouse receives 50%, and each parent receives 25%. If the spouse is also deceased, the parents inherit the entire estate equally.
- Third Order – If there are no surviving descendants, spouse, or parents, the estate passes to the grandparents of the deceased, following the bloodline.
This legally defined succession structure ensures that, in the absence of testamentary documents or inter vivos legal arrangements, the deceased’s estate is passed on to close family members in an orderly and predictable manner. These default inheritance rules apply in all parts of North Macedonia, including Skopje, Bitola, Ohrid, and other municipalities.
Probate and Inheritance Procedure in Macedonia
Once a person passes away, an inheritance procedure (probate) begins to determine how their estate will be distributed. This process usually includes the following steps:
1. Filing an Inheritance Proposal
The procedure begins with a petition for inheritance, typically drafted and submitted by a licensed attorney. It is filed with the court of the deceased’s last residence. If the deceased had no residence in Macedonia, any court may assume jurisdiction, though it is advisable to file where the majority of the estate is located.
2. Role of the Notary
A competent court assigns the case to a notary, who then collects evidence regarding:
- Identity of the heirs;
- Content of the estate;
- Validity of any will or contracts.
If there are no disputes, the heirs may agree on how to divide the estate. Heirs may also choose to renounce their share. If any conflicts arise—such as contesting a will or excluding an heir—the notary may refer the case back to court for resolution.
3. Formal Transfer of Assets
After the court issues a final, legally binding inheritance decision, you need to take additional steps to formalize the transfer of assets:
- Real estate must be registered with the Agency for Real Estate Cadaster;
- Shares in companies must be updated in the Central Registry;
- Bank funds require submission of the inheritance decision and identification documents for release.
Inheritance Issues for the Macedonian Diaspora
Many inheritance cases involving the Macedonian diaspora contain cross-border elements, making legal advice essential.
1. Property Ownership Restrictions for Foreigners
Under Macedonian law:
- Foreign nationals face restrictions on owning construction land;
- All foreigners are prohibited from owning agricultural land.
These restrictions do not apply to all property types and can often be navigated with proper legal structuring or advance estate planning.
2. International Probate Complications
When your estate involves multiple countries or probate begins in different jurisdictions—such as Macedonia and the U.S., Canada, or Germany—you face complex legal challenges. To prevent conflicting court decisions or delays in distributing assets, diaspora heirs should actively work with local legal experts in Macedonia.
For advice on inheritance and estate planning in Macedonia, including property transfers, wills, and probate proceedings, feel free to write to us at contact@boshnjakovski.com or call us at +389 70 257 879 or reach out to the Macedonian Bar Association.
