This work brings and presents the relationship of probate proceeding and classical litigation proceeding through their differences, similarity and correlation. It can be said that the background of this relationship is determined by a non-contentious procedure, because the inheritance is by its nature as such, defined as non- contentious. The relationship between these procedures is subject to certain doubts occurring in theory and practice, which are mirrored through many institutes, and especially the principles inherent in one and the other procedure, or only probate, or just litigation. This paper will point out some specificity of the probate proceeding in relation to the litigation proceeding, starting from the general considerations of the non-contentious themselves, the probate as a special, specific procedural principles and legal remedies. The purpose of the brief recapitulation of the historical cross section of non-procedural law and the type of non-contentious procedure is a better understanding and finding a legitimate process in the sea of heterogeneous sources, with the accent on the principles of one and the other procedure because they are the same starting point, basis and principle of a particular system. By analyzing and comparing the two methods, the aim was to show that the procedures mentioned, albeit in many different respects, have some similarities, since they are still the same part of one or the civil procedure.