Does Romanian law apply if my Romanian parent died abroad?

It depends on where your parent had their habitual residence at the time of death. Under EU Regulation 650/2012, the law that governs the succession is usually the law of the country where the deceased had their habitual residence, not necessarily Romania. If they lived permanently in another EU country, that country’s law may govern the succession, including Romanian assets, unless your parent chose Romanian law in a valid will.

Can a foreigner inherit land in Romania?

Yes, foreigners can inherit Romanian land, but the form of ownership depends on their status. EU and EEA citizens are generally treated like Romanian citizens and can own land directly under Law 312/2005. Non EU citizens face more restrictions on buying land but can usually acquire it by inheritance, and in practice many non EU heirs hold land through a Romanian company or other compliant structures.

Is there an inheritance tax in Romania for foreign heirs?

Romania does not have a high, classic inheritance tax. If the notarial succession procedure is completed within two years from the date of death, there is usually no inheritance tax in the usual sense, only notary and registration fees. If the procedure is started or completed after more than two years, a 1 percent tax on the value of the inherited assets may apply, regardless of whether the heir is Romanian or foreign.

Do I need to travel to Romania to claim my inheritance?

Not always. Many foreign heirs complete the Romanian inheritance procedure through a special power of attorney granted to a lawyer or trusted person in Romania. The power of attorney is notarised and legalised or apostilled abroad, translated into Romanian and then used before the Romanian notary. However, if there are disputes or complex court proceedings, personal presence may be required at some stage.

How long do I have to accept or renounce an inheritance in Romania?

As a general rule, heirs have one year from the date they become aware of the opening of the succession, usually the date of death, to accept or renounce the inheritance. Acceptance can be made formally before a notary or tacitly by acts that clearly show an intention to accept. If you do nothing, the legal consequences depend on the specific situation and may become complex, so legal advice is important if deadlines may have been missed.

Can I choose that Romanian law applies to my estate if I live abroad?

If you are a Romanian citizen, EU Regulation 650/2012 allows you to choose in your will that Romanian law will govern your succession, even if you live in another country at the time of death. This can make handling your Romanian assets simpler and more predictable for your heirs, but the choice must be made clearly in a formally valid will.

Will my foreign will be recognised for Romanian assets?

A foreign will is often recognised for Romanian assets if it complies with the formal requirements of one of the laws accepted by international and EU rules, such as the law of the place where it was made or of your nationality or habitual residence. Romanian notaries will require certified copies and translations and will still apply mandatory rules such as forced heirship for certain close relatives, so it is advisable to have the will reviewed by a Romanian lawyer if you own significant property in Romania.

Inheritance in Romania for Foreigners and Expats

If you are part of the Romanian diaspora, a foreign heir of Romanian assets, or a foreign national who owns property in Romania, succession law can feel like a maze. You may be dealing with a death abroad, assets scattered between several countries, and documents in multiple languages, all while trying to understand how Romanian inheritance rules and EU rules fit together.

This guide walks you through how inheritance works in Romania when there is an international element, when Romanian law applies, what happens without a will, how wills and forced heirship operate, what foreign heirs practically have to do, and how cross border situations are handled.

Important disclaimer: this article is general information, not legal advice. Succession rules and tax rules can change and their application depends heavily on specific facts such as habitual residence, nationality, location of assets and timing. Always double check the law in force using official sources and consult a Romanian lawyer or public notary before relying on any general explanation.

When Romanian Succession Law Applies

In any cross border inheritance, you must first clarify two fundamental questions:

Which country’s law governs the succession as a whole, that is, who inherits what and in what shares.
Which country’s law governs the assets themselves, for example property registration rules for Romanian real estate.

For deaths on or after 17 August 2015, successions with a cross border element within the European Union are largely governed by Regulation EU No 650/2012, often called the EU Succession Regulation. It applies in Romania and in most EU Member States, but not in Denmark or Ireland.

Last Habitual Residence vs Location of Assets

The EU Succession Regulation starts from a single central connecting factor: the deceased’s habitual residence at the time of death. As a main rule, the law of that state applies to the entire succession, including both movable and immovable property, wherever the assets are located.

Habitual residence is a factual concept. Authorities look at the centre of the deceased’s life, where they lived on a stable basis, where their family and social connections were, and where they were integrated. It is not always the same as the address in a passport or national ID.

In practice this means, for example, that if a Romanian national lived and worked for many years in Germany and dies there, with a flat in Bucharest and a bank account in Germany, German law will often govern the entire succession, including the Romanian flat, unless the deceased made a valid choice of law. Conversely, if a foreign national had their centre of life in Romania when they died, Romanian succession law will usually apply to their worldwide estate, including assets abroad, subject to possible limitations in non EU states.

At the same time, the Regulation does not change national rules on property rights and land registration systems. Romanian property law still governs how ownership of a Romanian apartment or plot of land is registered in the Land Book, and foreign succession decisions have to be translated into Romanian concepts of ownership and real rights when they are enforced here.

Interaction with the EU Succession Regulation EU 650/2012

The EU Succession Regulation introduces two key ideas that are crucial for Romanian diaspora and foreign owners of Romanian assets.

Single law for the whole estate. The Regulation aims for one law and broadly one set of authorities handling the entire succession, instead of separate legal regimes for each country where assets are located.
Choice of law based on nationality. Under Article 22, a person can choose in their will that the law of their nationality will govern their succession. A Romanian citizen living in Spain, for example, can choose Romanian law. A dual national can choose the law of either nationality.

For Romanian and foreign families this has concrete consequences. A Romanian citizen permanently living in Italy, with property in both Italy and Romania, can opt in their will for Romanian law to govern their worldwide succession. A foreign citizen habitually resident in Romania may accept that Romanian law will govern their succession by default, but they can also choose the law of their own nationality instead if that better fits their estate planning objectives.

The Regulation also creates the European Certificate of Succession, a standard document that allows heirs, legatees, executors or administrators to prove their status and powers across participating Member States without a separate recognition procedure in each country.

Intestate Succession No Will Under Romanian Law

Where Romanian law governs the succession and there is no valid will covering the estate, the rules on intestate succession in the Romanian Civil Code determine who inherits and in what shares.

Order of Heirs Spouse, Children, Parents, Siblings

Romanian law divides legal heirs into four classes of blood relatives, plus the surviving spouse who has a special independent position.

First class – descendants: children, grandchildren, great grandchildren, including adopted children.
Second class – privileged ascendants and privileged collaterals: parents of the deceased and siblings and their descendants up to the fourth degree.
Third class – ordinary ascendants: grandparents and great grandparents.
Fourth class – ordinary collaterals: uncles, aunts, first cousins and other collateral relatives up to the fourth degree.

The basic principles are as follows.

The higher class excludes the lower ones. If there are descendants children or grandchildren, then parents, siblings and more distant relatives do not inherit.
Within one class, closer relatives exclude more distant ones. Children exclude grandchildren, grandparents exclude great grandparents, and so on.
The surviving spouse is an heir in their own right and inherits together with whichever class of blood relatives is called. The spouse’s share depends on which relatives exist.

In simplified form, the surviving spouse’s shares are typically:

One quarter of the estate when inheriting together with descendants, who share the remaining three quarters in equal parts.
One third of the estate when inheriting together with both parents and siblings of the deceased.
One half of the estate when inheriting only with parents or only with siblings.
Three quarters of the estate when inheriting together with heirs in the third or fourth class, such as grandparents or uncles and aunts.
The entire estate if there are no heirs in any of the four classes.

If there are no heirs at all in these categories, including no spouse, the estate ultimately passes to the Romanian state as heir of last resort.

How Foreigners Can Inherit Land and Real Estate in Romania

From the standpoint of Romanian civil law, foreign nationals can be legal heirs just like Romanian citizens. The Civil Code does not restrict the capacity to inherit based on citizenship. The more important question is whether foreign heirs can own the assets they inherit, in particular land and other immovable property.

Ownership of land by foreigners is primarily regulated by Law 312/2005 on the acquisition of private ownership over land by foreign citizens, stateless persons and foreign legal entities.

In broad terms:

Citizens and legal entities from European Union and European Economic Area states and usually Switzerland can acquire land in Romania, including by inheritance, under essentially the same conditions as Romanian citizens. The transitional periods for agricultural land and secondary residences have expired.
Citizens and legal entities from outside the EU face more restrictions when buying land directly, but acquisition by inheritance is generally treated more favourably, and foreigners can always inherit buildings and other assets. In practice, non EU heirs frequently keep inherited land, or structure ownership via a Romanian company where that is advisable.

Even where a foreigner cannot hold land directly in their own name under Law 312/2005, local advisors may recommend compliant solutions such as transferring the land into a fully foreign owned Romanian company or compensating the foreign heir with other assets. These options require detailed legal analysis in each case.

The bottom line is that foreign heirs can inherit Romanian real estate, but the safest form of ownership and structure depends on citizenship, EU law and Law 312/2005 and should be checked with a local lawyer.

Wills and Estate Planning for Assets in Romania

Romanian Wills vs Foreign Wills Recognition of Foreign Wills

Under the Romanian Civil Code, succession can be legal intestate or testamentary based on a will sometimes called a disposition of property upon death. Romanian law recognises several forms of will, in particular the holographic will, the authentic notarial will, and certain special forms for exceptional circumstances.

A holographic will is fully handwritten, dated and signed by the testator. An authentic will is signed before a Romanian public notary, who drafts and authenticates the document and keeps a record. Special wills are possible in limited situations such as war or epidemics and are subject to strict conditions.

In cross border situations, two main questions arise regarding foreign wills.

Is the will formally valid. International instruments and the EU Succession Regulation favour recognising a will that meets the formal requirements of one of several potentially relevant laws, such as the law of the place where the will was made or the law of the testator’s nationality, domicile or habitual residence at that time.
What law governs the substance of the will. Under the EU Succession Regulation, either the law of the last habitual residence applies by default, or the law of the testator’s nationality if they made a valid choice of law in the will.

Professional estate planning guides for Romania stress that a foreign will can often be recognised and used to transfer Romanian assets, but local notaries and courts will examine its form, the applicable law and compatibility with mandatory Romanian rules, especially the rules on forced heirs.

Forced Heirship Rules and Limits on Disinheriting Close Relatives

Romanian succession law is a forced heirship system. Certain close relatives cannot be freely disinherited; they are entitled to a minimum share of the estate called the reserved portion or forced share.

Forced heirs include descendants children and their issue, privileged ascendants parents, and the surviving spouse. The reserved portion for each forced heir is generally half of the share they would receive as legal heirs if there were no will and no gifts that reduce their share. The part the testator can dispose of freely in a will or by gifts is called the available portion.

If gifts or bequests infringe the reserved portion, forced heirs can bring an action to reduce these dispositions to restore their reserved share. When such an action is successful, gifts, legacies and other transfers can be reduced or even cancelled in part.

In practical terms, you cannot completely disinherit your spouse or children under Romanian law, except in very limited situations where there are serious grounds for disinheritance for cause and those grounds are later confirmed by a court. Even when a foreign law has been chosen under the EU Succession Regulation, Romanian public policy rules on forced heirs may still be relevant where Romanian authorities are asked to recognise dispositions that entirely deprive close relatives of any share.

For expats and foreign nationals with Romanian property, proper estate planning must consider both the choice of law and the forced heirship regime to avoid future disputes between heirs and reduce the risk of wills being partially set aside.

Practical Procedure for Foreign Heirs

Once a person dies, the formal process of collecting an inheritance in Romania is usually carried out before a public notary rather than a court, unless there is a dispute or special complication.

Documents Needed for Foreign Heirs

Based on notarial practice and professional guides, heirs should expect to prepare at least the following documents when dealing with a Romanian estate.

Death certificate of the deceased. If issued abroad, it will typically have to be legalised or apostilled and accompanied by a certified translation into Romanian.
Proof of relationship between heirs and the deceased. This includes birth certificates for children, marriage certificate for the surviving spouse, and any other civil status records that show kinship. Foreign documents again need apostille or legalisation and certified translations.
Identity documents for heirs. Passports or national ID cards for individuals, and incorporation documents and proof of representation for legal entities.
The will, if any. Heirs should provide the original holographic will or an authentic copy of a notarial will. For foreign wills, certified copies plus translations and, where needed, evidence that the will has been registered or admitted to probate abroad are usually required.
Documents proving ownership of Romanian assets. These can include land book extracts and title deeds for real estate, vehicle registration certificates, bank statements, share registers and similar documents.
Foreign succession documents or a European Certificate of Succession. Where the main succession was handled abroad, a European Certificate of Succession or a local grant of probate can help Romanian notaries and registries recognise the heirs and their shares more efficiently.

Heirs living abroad usually work with a Romanian lawyer who coordinates apostilles, translations and communication with the notary and other authorities.

Role of the Public Notary and the Certificate of Inheritance

In Romania, the main non contentious succession procedure takes place before a public notary. The notary’s territorial competence generally depends on the last domicile of the deceased in Romania. If the deceased was resident abroad but owned property in Romania, special rules direct the case to notaries in the district where the Romanian property is located.

The notary’s tasks include opening the succession file, identifying heirs and verifying their relationship and identity, checking whether there is a will and whether it is valid and applicable, identifying the assets and debts that form the estate, applying the applicable succession law whether Romanian or foreign, organising inventories and valuations where necessary, and finally issuing the Certificate of Inheritance sometimes called the certificate of heirship.

The Certificate of Inheritance is the main document confirming who the heirs are and what shares they hold. It forms the basis for registering property in the heirs’ names in the Land Book, updating shareholder registers, accessing bank accounts and dealing with other estate assets.

When Courts Get Involved Disputes and Difficult Cases

Courts become involved when the succession is contentious or when issues cannot be resolved by the notary. Common scenarios include disputes about the validity of a will, such as allegations of lack of capacity, undue influence or failure to comply with formal requirements, disputes between heirs over shares, reserved portions or the reduction of gifts, cases involving missing or unknown heirs where a curator must be appointed, or proceedings dealing with paternity and other personal status questions that affect heirship.

Court proceedings are also required when heirs cannot agree on how to divide inherited property and a judicial partition is needed. In such cases, the notary may suspend the notarial procedure and direct the parties to file a case before the competent court. When the court has resolved the dispute, the notary can resume the succession procedure and issue the certificate of inheritance in line with the court judgment.

Use of Powers of Attorney and Consular Services if Heirs Live Abroad

Many heirs in the Romanian diaspora or foreign heirs do not want or cannot travel to Romania for the succession procedure. Romanian law and practice allow the procedure to be handled through representatives.

Heirs can grant a special power of attorney to a trusted person, often a Romanian lawyer, to represent them before the notary and official bodies. A power of attorney signed abroad usually needs to be notarised locally, then apostilled or legalised depending on the country, and translated by a certified translator into Romanian. Romanian embassies and consulates can often notarise signatures on powers of attorney intended for use in Romania, simplifying the process and avoiding additional local notary steps.

With properly drafted and authenticated powers of attorney, it is often possible to complete the entire succession procedure, including issuing the Certificate of Inheritance and registering real estate in the Land Book, without the heirs ever travelling to Romania.

Taxes, Fees and Deadlines

Lack of Classic Inheritance Tax and the 1 Percent Rule

Romania does not have a high, progressive inheritance tax like many Western European countries. Instead, the main fiscal rule for personal successions is that if the notarial inheritance procedure is completed within two years from the date of death, no inheritance tax in the usual sense is payable. Heirs still pay notary fees, land registry fees and related costs.

If the inheritance procedure is initiated or completed more than two years after the death, a tax of 1 percent on the value of the inherited property can apply. This tax is generally due irrespective of the heir’s nationality. The way this 1 percent is implemented and the valuation basis can depend on the type of asset and the applicable fiscal rules at the time.

The practical consequence is that there is a strong incentive to open and complete the succession procedure in Romania within two years of the death whenever possible.

Notary Fees and Other Costs

The main costs of a standard, non contentious succession in Romania are notary fees, land registration fees, translation and legalisation costs for foreign documents and, where applicable, court fees.

Notary fees are calculated based on the value of the estate according to official fee tables with progressive brackets. For moderate estates, these fees are often in the low single digit percentage range but exact amounts must be quoted by the notary after reviewing the list and value of assets. Land Book registration fees apply for transfers of real estate and are calculated under separate land registration tariff rules. Foreign documents such as death certificates, birth certificates, wills and powers of attorney need translations and apostille or legalisation, which add further costs. If litigation is required to resolve disputes, court fees and lawyer fees will also be involved.

Consequences of Late Acceptance and the One Year Period

Under Romanian law, heirs generally have one year from the date they become aware of the opening of the succession, usually the date of death, to accept or renounce the inheritance. Acceptance can be express, by making a formal declaration before a notary, or tacit, by acts that clearly show an intention to accept, such as selling inherited property or paying estate debts with personal funds.

If the heir takes no action for a long time, the legal consequences can become complex. In some situations the heir may be deemed to have accepted tacitly, especially if they behave as an owner. In other cases, the right to accept can be lost after the statutory period. The precise outcome depends on the facts and on how Romanian law and any applicable foreign law under the EU Succession Regulation interact in the case. For this reason, heirs should seek legal advice promptly, particularly if significant time has passed since the death.

Cross Border Scenarios

Deceased Lived Abroad but Owned Romanian Assets

This is one of the most common patterns for the Romanian diaspora. Imagine a Romanian citizen who has lived and worked in Spain for 25 years, dies in Spain, and leaves a house in Spain and an apartment in Cluj Napoca. They never made a will.

Under the EU Succession Regulation, the law of the place of habitual residence of the deceased, here Spanish law, will generally govern the entire succession. A Spanish notary or court may handle the main succession, applying Spanish inheritance rules to determine heirs and shares.

To transfer the Romanian apartment, the heirs will usually need the Spanish succession deed or court decision, properly legalised or apostilled and translated, and often a European Certificate of Succession. Romanian notaries and land registries can rely on these documents to recognise the heirs and register the transfer without re litigating the entire succession under Romanian law.

Romanian property law still governs how ownership is recorded in the Land Book and how rights in rem are structured. Foreign decisions are adapted to Romanian concepts of ownership and registration but do not normally require a full new trial if the EU instruments are used correctly.

Multiple Properties in Several Countries and the European Certificate of Succession

If the deceased owned assets in more than one EU country, for example an apartment in Romania, a house in Germany and a holiday home in Greece, the European Certificate of Succession is particularly useful. It is issued by the authority that handles the succession in the state of habitual residence or chosen law and confirms who the heirs and legatees are, what shares they hold and what powers they have.

The European Certificate of Succession is recognised across participating Member States. In Romania, it can be presented to banks, notaries, land registries and other institutions to prove inheritance status and rights without requiring a separate domestic judgment recognising a foreign decision. For expats with cross border estates, ensuring their succession is planned in a way that allows a European Certificate of Succession to be issued can make life much easier for their heirs.

Common Problems and How a Lawyer Can Help

Cross border inheritances are rarely straightforward even when family relationships are good. Frequent issues that arise in Romanian practice include missing or inconsistent documents, disputes among heirs and unclear real estate titles.

Missing documents are a recurring problem. Heirs often cannot locate original title deeds, or the property may be recorded in old land registers that have not been converted to the modern Land Book system. Names and dates in Romanian documents may not match those in foreign documents due to spelling variations or earlier name changes.

Disputes between siblings or between a surviving spouse and children are also common, particularly when one person has lived in or maintained the property for many years, or when significant gifts have been made to one child during lifetime. These situations raise complex questions of collation and reduction of gifts under Romanian law.

Unclear land titles are another major risk. Properties can be affected by unresolved restitution claims from the communist era, overlapping title deeds or ongoing ownership disputes. In such cases, the value of the inheritance can be seriously undermined if the title is later challenged.

A Romanian lawyer with experience in inheritance and real estate law can analyse which succession law applies and how the EU Succession Regulation affects the case, liaise with notaries and authorities, prepare or review powers of attorney, coordinate valuations, clean up Land Book issues before closing the succession, represent heirs in court if necessary and design estate planning strategies such as wills or holding structures that balance forced heirship, tax and the practical realities of the family’s situation.

Practical Checklist for Foreign Heirs with Romanian Assets

If you have just learned that you might inherit from someone who had assets in Romania, you can use this practical checklist when speaking to a lawyer or notary.

Clarify the basic facts. Where did the deceased habitually reside when they died. What nationality or nationalities did they have. On what date did they die.
Identify assets in Romania. List any real estate apartments, houses, land, as well as bank accounts, company shares, vehicles or other valuables located in Romania. Note any addresses or account details you can find.
Find out if there is a will. Ask family members and check with lawyers or notaries who may have been consulted. Determine whether a will was made in Romania or abroad and try to obtain at least a copy.
Collect core documents. Obtain the death certificate, your own birth or marriage certificates to prove your relationship, identity documents for all known heirs and any wills or foreign probate documents.
Arrange legalisation and translation. Find out whether foreign documents need an apostille or consular legalisation and have them translated into Romanian by a certified translator.
Consult a Romanian succession lawyer. Ask which law applies under the EU Succession Regulation, whether a choice of law made by the deceased is valid, whether a European Certificate of Succession would help, and what deadlines and taxes apply.
Decide whether you will act personally or via a representative. Determine whether you will travel to Romania or sign a power of attorney for a lawyer or trusted person. Ask which notary is competent for the estate.
Plan the succession procedure. Agree on a timeline for opening the succession file, preparing the inventory of assets and debts, obtaining valuations if needed, and registering your ownership in the Land Book and other registries.

Call to Action: Do Not Navigate Romanian Succession Law Alone

Whether you are a Romanian living abroad, a foreign heir of Romanian property or a foreign national who owns assets in Romania, your inheritance or estate plan sits at the intersection of Romanian civil law, EU succession law and often the law of another country. Mistakes on applicable law, forced heirship, deadlines or documentation can delay the process for years or trigger avoidable tax and litigation.

If you are about to inherit Romanian assets, are concerned about your children’s ability to claim property in Romania if you die abroad, or are planning your estate and want to coordinate Romanian rules with your home country’s law, the most effective next step is to discuss your case with a Romanian lawyer experienced in cross border succession and real estate.

A specialised lawyer can help you determine which law applies under the EU Succession Regulation and whether a choice of law is advisable, structure wills or estate plans that respect Romanian forced heirship rules but still reflect your wishes, coordinate with notaries and authorities so that your heirs do not have to manage complex bureaucracy from abroad, and minimise risks related to unclear land titles, old restitution claims or missed legal deadlines.

Before you sign or rely on any succession document relating to Romanian assets, make sure that a professional who knows both Romanian law and the EU succession framework has reviewed it. A short consultation now can save your family years of delay, conflict and additional cost later.