НОТАР КАО ПОВЈЕРЕНИК СУДА У ОСТАВИНСКОМ ПОСТУПКУ
NOTARY AS COURT COMMISSIONER IN PROBATE PROCEEDINGS

Summary/Abstract: A Notary was introduced into the legal system of Republic of Srpska by the Notaries Act in 2004, and the first notaries provided their services on 11 March 2008. The Act prescribed the scope of activities of a notary , which would be notarial processing of documents, issuing notarised certificates and performing notarised certification. Furthermore, the court or other body can ascribe to the notary other duties in compliance with their competence. Thus, notaries have been, in addition, assigned this role for the purpose of relieving the courts in the context of handling probate proceedings, based on Extrajudicial proceedings Act. By delegating this function to the notaries in probate proceedings the Amendments to the Extrajudicial Proceedings Act has come into force. Namely, although the legal ground for the delegation could be located in article 145 of the Extrajudial Proceedings Act, due to their complexities, probate cases were not assigned to notaries. The court is obliged to delegate probate proceedings to the notary, and the notary must not refuse to handle these cases, unless a party to probate proceedings wishes exclusively that the case be handled by the Probate court. As a court commissioner, the notary is authorised to take all the necessary activities in the name of the court. Exceptionally, the court can take the case from the notary and asssign another notary for handling the probate proceedings or handle the case by itself. The court defines the time period for concluding the probate case. Thus, the court supervises the work of the notary, next to the corrective role it has when conflicting facts appear before the notary in relation to legacy. The notary is entitled to a reward for handling probate proceedings, incuding other outstanding expenses, but at a lower rate in comparison to performing other activities as a notary.

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