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Who inherits without a will in Bosnia and Herzegovina?

The spouse and the children inherit shares together

In Bosnia and Herzegovina the spouse and the children inherit equal shares, and the spouse takes half with the parents.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when there is no valid will. Succession law is reformed often, a will changes everything, and the rules for an estate with a foreign element are complex. This is general information, not legal advice.

A spouse and children survive

The spouse and the children are the first order and inherit in equal shares. A child who has died is replaced by their own children.

A spouse survives, but no children

In the second order the spouse takes half and the parents take the other half in equal parts. If a parent has died, that parent's share goes to the siblings. With no parents or siblings, the spouse takes everything.

No spouse: who comes next

Children first; then the parents and their descendants (the siblings); then the grandparents and their descendants; then more distant ancestors. If there is no heir, the estate passes to the state.

A partner who is not married

Some countries of the region treat a long-lasting extramarital union like a marriage for inheritance. Check the national law, since the conditions differ.

What a will cannot take away

Descendants, the spouse and the parents are necessary heirs with a reserved share that a will cannot take away. The size is set in the national law.

If the person or the property is abroad

The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.

What to watch for

  • The Federation, Republika Srpska and Brčko District each have their own law of inheritance, so the answer depends on the entity.

Understand the legal system first

Bosnia and Herzegovina belongs to the Civil law family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the Bosnia and Herzegovina legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Bosnia and Herzegovina? →

Official sources

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TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.