Inheritance and Succession: Inheritance law in Albania governs the transfer of a deceased person's assets to heirs, regulated by the Family Code (Kodi i Familjes) and the Civil Code, providing for both intestate succession (by law) and testate succession (by will).
Inheritance and succession in Albania are governed primarily by Book Eight of the Civil Code (Trashëgimi) and complementary provisions in the Family Code (Kodi i Familjes). Albanian inheritance law recognises two forms of succession: intestate succession (trashëgimi ligjore) where a person dies without a valid will, and testate succession (trashëgimi testamentare) where a valid will exists. Albanian courts have jurisdiction over the succession of Albanian nationals and over Albanian assets of any deceased person.
In intestate succession, the Albanian Civil Code organises heirs into priority classes. The first class (and highest priority) consists of the deceased's descendants (children and grandchildren) and spouse. Children take equal shares, and the spouse takes a share equal to one child's share. If a child has predeceased the testator, their descendants inherit by representation (per stirpes). In the absence of descendants, the second class consists of parents and siblings; the third class includes more remote relatives. The spouse always takes a share unless the marriage has been dissolved.
Albanian law recognises several forms of testamentary disposition: the holographic will (testament olograf) — entirely handwritten, dated, and signed by the testator, requiring no witnesses or notarisation; the notarial will (testament noterial) — drawn up and authenticated by a notary in the presence of witnesses; and the oral will (testament gojor) — valid only in extraordinary circumstances (imminent danger of death, natural disaster) and must be confirmed by a court within one year. The notarial will is the most secure form and is strongly recommended for complex estates or significant assets.
Albanian law protects the right of close relatives to a reserved portion (pjesë e rezervuar / legjitime) of the estate — this portion cannot be disposed of by will. The surviving spouse and direct descendants (children) are protected heirs. The reserved portion is one-half of the share the heir would have received in intestacy. If a will purports to leave a protected heir less than their reserved share, the protected heir can bring a claim for reduction of the testamentary dispositions to restore their share within three years of learning of the infringement.
For estates with cross-border elements — common for expats in Albania or Albanians living abroad — the applicable law is determined by private international law rules and, where the EU Succession Regulation (Brussels IV) applies, by the habitual residence of the deceased at the time of death. Non-EU countries like Albania are not directly bound by Brussels IV, but Albanian private international law will apply the law of the deceased's last domicile to succession. Foreign heirs claiming Albanian assets should engage both an Albanian lawyer and a lawyer in the country of the deceased's domicile to navigate the applicable rules.
Key Facts About Inheritance and Succession in Albania
- Albanian succession law recognises intestate succession (by law) and testate succession (by will).
- Intestate succession gives first priority to descendants and the surviving spouse, who share the estate equally by head.
- Descendants and the surviving spouse have a reserved portion (legjitime) of at least 50% of their intestate share.
- The holographic will (handwritten, dated, signed) and notarial will are the most common will forms.
- Claims to enforce the reserved portion (legjitime) must be brought within three years of learning of the infringement.
Frequently Asked Questions
How does Albanian succession law treat foreign nationals' assets in Albania?
Albanian courts have jurisdiction over immovable property (real estate) located in Albania regardless of the deceased's nationality. For a foreign national who owned Albanian property, the Albanian court handling the local succession will generally apply Albanian law to the Albanian real estate and the law of the deceased's last domicile to the remainder of the estate. A Certificate of Inheritance (Vërtetim Trashëgimie) issued by an Albanian notary or court is required to transfer title to the heirs.
Can I disinherit a child in Albania?
Albanian law significantly restricts the ability to disinherit children. Children are protected heirs entitled to a reserved portion (legjitime) — at least 50% of what they would receive in intestacy. A child can be fully disinherited only in very limited circumstances: if they committed a serious crime against the deceased or their family, or if they seriously neglected their duty of support to a needy testator. The court must confirm these grounds. In all other cases, the child can claim their reserved portion even if excluded by will.
What is the process for obtaining probate in Albania?
When a person dies in Albania or leaves Albanian assets, the heirs must apply to the relevant notary or court for a succession certificate (Vërtetim Trashëgimie). The application requires: the death certificate, identity documents of heirs, documents showing the deceased's assets (Land Register extracts, bank statements, company registers), and any will. The notary verifies the succession entitlements and issues the certificate, which allows heirs to transfer registered assets into their names. The process typically takes 1-3 months for straightforward estates.