This article is aimed at people with cross-border links (diaspora, mixed families, foreign nationals residing in Romania) and explains, in accessible language: what international succession is, what habitual residence means, how the applicable law is determined, how the European Certificate of Succession works and how decisions and authentic instruments issued in other Member States are recognised and used in Romania. The focus is on practical situations from the perspective of Romanian law and EU law.
1. Legal framework: Regulation (EU) No 650/2012 and Romanian law
1.1. What Regulation (EU) No 650/2012 aims to achieve
Regulation (EU) No 650/2012 seeks to simplify the handling of successions with a cross-border element and to avoid situations where the same estate is subject to parallel proceedings in several countries. The official text and summary of the Regulation are available on EUR-Lex: Regulation (EU) No 650/2012 – full text and summary on jurisdiction, applicable law and the European Certificate of Succession.
In short, the Regulation determines:
- which authorities are competent to deal with the succession (courts, notaries, other authorities) in a cross-border context;
- which law is applicable to the succession as a whole – the general rule is the law of the state of the deceased’s habitual residence at the time of death;
- how decisions, court settlements and authentic instruments in succession matters are recognised and enforced in other Member States;
- what the European Certificate of Succession is and how it can be used to prove heirship or succession rights in other EU countries.
The Regulation applies in most EU Member States. Denmark does not participate, while Ireland and the United Kingdom opted out of the instrument. For successions involving those states, their own private international law rules and any relevant bilateral treaties will usually apply.
1.2. How the Regulation is implemented in Romania
In Romania, Regulation (EU) No 650/2012 is directly applicable as an EU law instrument, and national legislation has been adapted by Law No 206/2016, which amended several acts (including the Code of Civil Procedure and laws on the application of EU regulations) to allow, among other things, for the recognition and enforcement of decisions and authentic instruments issued under Regulation 650/2012 and for the use of the uniform forms established by Implementing Regulation (EU) No 1329/2014.
In parallel, the internal rules on succession (Book IV of the Romanian Civil Code – Law No 287/2009) and on private international law (Book VII of the Civil Code, Articles 2634 et seq.) continue to apply where the matter is not covered by Regulation (EU) No 650/2012 or where the succession involves third states or states not participating in the Regulation.
2. Key concepts: habitual residence, cross-border element and scope of the Regulation
2.1. What is the deceased’s “habitual residence”?
A central concept of Regulation (EU) No 650/2012 is the habitual residence of the deceased at the time of death. Unlike “domicile” or “residence” under national law, habitual residence has an autonomous EU meaning. The Regulation does not define it exhaustively, but the case-law of the Court of Justice of the European Union takes into account factors such as:
- the duration and regularity of the person’s presence in the state concerned;
- the conditions and reasons for that presence (e.g. stable employment, family life, business interests);
- personal and professional ties (family, job, property, centre of interests).
In practice, a Romanian citizen who has been living and working in Italy for years, with his or her family there and who merely keeps an unused apartment in Romania, will typically have his or her habitual residence in Italy. By contrast, a Romanian who works seasonally abroad but lives with the family in Romania will usually retain habitual residence in Romania.
2.2. What is a “cross-border element”?
There is a cross-border element in succession whenever there is a real link with another state, for example:
- the deceased had his or her habitual residence in another Member State (for example, Spain);
- the deceased was a Romanian national but owned immovable property in another Member State (an apartment in Germany, a house in France);
- heirs live permanently in other states or have a different nationality;
- foreign decisions, authentic instruments or court settlements in succession matters are involved.
Regulation (EU) No 650/2012 applies where such a cross-border element exists between participating Member States. For relations with third states (e.g. the USA, Canada) or with non-participating states (Denmark), the national private international law rules of those states and any applicable conventions come into play.
2.3. What is covered – and what is excluded – by the Regulation
Article 1 of the Regulation provides that it applies to succession to the estates of deceased persons, but excludes a number of areas, such as:
- tax, customs and administrative matters;
- matrimonial property regimes and property consequences of registered partnerships (these are regulated by separate instruments, for example Regulation (EU) 2016/1103);
- the nature of rights in rem (for example, what “ownership” or “usufruct” means under a particular national law);
- trusts (to a certain extent) and corporate matters.
In other words, Regulation 650/2012 determines which law applies to the succession as a whole and how decisions and authentic instruments are recognised and enforced across borders, but it does not amend national definitions of property rights and does not govern taxation. A concise overview of the scope is available in the EUR-Lex summary on jurisdiction, applicable law and the European Certificate of Succession.
3. Applicable law to the succession: general rule and choice of law
3.1. General rule: the law of the state of habitual residence
The basic rule in Regulation (EU) No 650/2012 is that the succession as a whole is governed, as a general rule, by the law of the state in which the deceased had his or her habitual residence at the time of death (Article 21(1) of the Regulation). This law determines, for example:
- who the legal heirs are and the order of succession;
- the shares of each heir;
- rules on reserved portions and available shares;
- the material validity and effects of wills (subject to specific provisions);
- liability for debts and rules on collation of gifts.
The principle is that of the unity of the succession: different rules no longer apply to immovable property in different countries (e.g. one law for Romanian property and one law for property in another Member State); in principle a single law governs the entire estate, for clarity and predictability.
3.2. Choice of law (professio iuris)
The Regulation also allows for a prior choice of the law applicable to the succession, often referred to as professio iuris. Under Article 22 of Regulation (EU) No 650/2012, a person may choose as the law to govern his or her succession as a whole the law of the state whose nationality he or she possesses at the time of the choice or at the time of death. For persons with multiple nationalities, the law of any of those states may be chosen.
This choice is usually made in a will or other disposition of property upon death, in the form required for wills. For example, a Romanian national living in France may opt for Romanian law to govern the whole of his or her succession, even if the habitual residence is in France. This can have significant consequences for reserved portions, the surviving spouse’s share, and the treatment of lifetime gifts.
The European e-Justice Portal provides detailed explanations (in English and other languages) on choice of law and the application of the Regulation in different Member States: Succession – European e-Justice Portal.
3.3. The “manifestly closer connection” exception
The Regulation allows, in exceptional circumstances, for the law of a state other than that of the habitual residence to apply where the deceased was manifestly more closely connected with that other state (Article 21(2)). This is a flexibility clause designed mainly for borderline situations (for example, a very recent move shortly before death while the centre of life remained elsewhere). It is applied restrictively, on the basis of a concrete assessment of all the circumstances.
4. Jurisdiction: which authorities are competent to deal with an international succession?
4.1. Courts, notaries and other authorities
Regulation 650/2012 does not impose a specific institutional model; each Member State remains free to decide whether succession matters are handled mainly by courts, by notaries or by other authorities. In Romania, non-contentious succession is generally within the competence of notaries public under Law No 36/1995 on notaries public and notarial activity, while disputes are resolved by courts under the Romanian Code of Civil Procedure.
The Regulation provides that, in cross-border succession cases, the authorities of the Member State in which the deceased had his or her habitual residence at the time of death have general jurisdiction to rule on the succession as a whole (Article 4). There is also a possibility of prorogation of jurisdiction, i.e. transfer of jurisdiction to the courts of another Member State, under certain conditions, in particular where the deceased chose as the law applicable to the succession the law of that other state.
4.2. Typical practical scenarios
A few concrete examples help illustrate how the rules work:
- Romanian citizen living in Italy: has habitual residence in Italy, owns an apartment in Bucharest and a house in Italy. In the absence of a choice of law, the estate will generally be governed by Italian law, and Italian authorities (notaries or courts, depending on the system) will typically have jurisdiction over the global succession, including the apartment in Romania. Decisions and authentic instruments issued in Italy will be recognised in Romania under the Regulation.
- Romanian citizen with habitual residence in Germany who chose Romanian law: through a will, the person opted for Romanian law to govern the succession. German authorities remain generally competent but, in applying the Regulation, they will apply Romanian substantive succession law to the estate.
- Italian citizen with habitual residence in Romania: owns assets both in Italy and Romania. In the absence of a choice of law, the estate will in principle be governed by Romanian law as the law of the state of habitual residence, and Romanian authorities will have primary jurisdiction.
For each of these scenarios, nuances may arise (for example, depending on the date of death, prior wills, recent moves of habitual residence). That is why seeking legal advice from a professional (lawyer or notary) with experience in international succession is essential.
5. The European Certificate of Succession (ECS)
5.1. What the European Certificate of Succession is and what it is used for
One of the most important innovations of Regulation (EU) No 650/2012 is the European Certificate of Succession (ECS). According to Articles 62–73 of the Regulation, the ECS is a document that:
- is issued by the authority dealing with the succession (court, notary or other competent body);
- is intended for heirs, legatees, executors of the will or administrators of the estate;
- serves to prove their status and, where applicable, their rights in relation to the succession in other Member States;
- produces effects in all participating Member States, without the need for any special recognition procedure (no classical exequatur).
The European e-Justice Portal explains in detail the role of the European Certificate of Succession and provides the standard ECS form established by Implementing Regulation (EU) No 1329/2014: European Certificate of Succession – e-Justice Portal.
5.2. ECS in practice: use and recognition in Romania
In Romania, the recognition and use of the European Certificate of Succession are governed by Law No 206/2016 and the national rules implementing Regulation 650/2012. In essence:
- An ECS issued in another Member State (for example, by a notary in Spain or a court in Germany) can be presented to Romanian authorities (notaries, courts, land registry offices) to prove heirship or succession rights;
- Romanian authorities recognise the effects of the ECS in accordance with the Regulation, without requiring a separate recognition procedure;
- on the basis of the ECS, entries can be made in the Romanian land register (carte funciară) or other public registers, subject to the national procedural requirements for registration.
Guidance for authorities on issuing and using ECS is available in the section dedicated to issuing authorities on the e-Justice Portal: Information for authorities issuing a European Certificate of Succession.
6. Cross-border successions in practice: typical scenarios and risks
6.1. Romanian living abroad with assets in Romania
The most common scenario is that of a Romanian citizen who has been living and working for years in another Member State (Italy, Spain, Germany, etc.), while still owning assets in Romania: an apartment, land, bank accounts. In the absence of a choice of applicable law, the estate will generally be governed by the law of the state of habitual residence (e.g. Italian law), and the authorities in that state will have primary jurisdiction.
In practice, this means that succession to the apartment in Romania will not necessarily be dealt with directly by a Romanian notary, but rather as part of the global succession in the state of habitual residence. Subsequently, based on decisions, authentic instruments or an ECS issued there, the heirs will arrange for their rights to be registered in Romania.
6.2. Multiple citizenship and mixed families
In mixed families, where one spouse is Romanian, the other has another nationality and the common home is in a third Member State, succession planning becomes crucial. By exercising a choice of law (for example, opting for Romanian law or for the other spouse’s national law), the person can pre-emptively clarify issues such as:
- the extent of reserved portions for children;
- the precise rights of the surviving spouse;
- the treatment of lifetime gifts to children or other relatives;
- conditions and limits for disinheriting a legal heir.
Without such planning, the family may end up subject to a law they did not anticipate or understand (for example, the law of a state where they moved only a few years before the death).
6.3. Romanians with assets outside the EU
Regulation 650/2012 is an EU instrument. For assets located in non-EU countries (USA, Canada, the United Kingdom after Brexit, other third states), its direct effect is limited. In such cases, the following are relevant:
- the rules of that third state on succession and conflict of laws;
- any applicable bilateral treaties between Romania or the EU and that state;
- the rules in Book VII of the Romanian Civil Code on private international law, where Romanian authorities are seised.
For “mixed” estates (assets in participating EU Member States and assets in third states), it is even more important to involve a lawyer with experience in private international law and, where necessary, local counsel in the non-EU jurisdictions concerned.
7. The role of the lawyer and the notary in international successions
7.1. Preventive succession planning
Regulation (EU) No 650/2012 matters not only “after death” but also during succession planning. A lawyer or notary experienced in international succession can assist with:
- analysing the factual situation (habitual residence, citizenships, assets in various states);
- recommending a suitable choice of law that reflects the person’s wishes and the family’s interests;
- drafting a will compatible with Regulation 650/2012 and with the relevant national laws;
- preventing future conflicts between heirs by proposing clear, predictable solutions.
The European e-Justice Portal also provides a citizen’s guide on cross-border successions and the impact of Regulation 650/2012 on rights and obligations in other Member States: Succession rights and obligations in another Member State, including tax aspects – e-Justice Portal.
7.2. Assistance after death: procedure, recognition, registration
After death, the lawyer’s role complements that of the notary:
- clarifying whether the case is covered by Regulation 650/2012 or by general private international law rules;
- advising heirs on which authority has jurisdiction (notary/court, which Member State) and which law applies;
- coordinating the application for and use of the European Certificate of Succession or equivalent documents in the states involved;
- assisting in recognition and registration steps in Romania (land registry, business registers, registers for movable assets, etc.).
Where heirs disagree on how to divide the estate or challenge the validity of a will, the lawyer represents them in partition proceedings or in actions for annulment of dispositions of property upon death. In complex cross-border cases, legal representation is often the difference between a predictable outcome and years of parallel disputes.
FAQ – International succession and Regulation (EU) No 650/2012
1. Does Regulation (EU) No 650/2012 apply if the deceased died before 17 August 2015?
No. Regulation 650/2012 applies, in principle, to the estates of persons who died on or after 17 August 2015. For deaths before that date, the applicable rules are those of national succession laws and pre-existing private international law rules and conventions, without direct application of the Regulation.
2. I am a Romanian citizen living in Spain. Which law governs my succession?
If you have not made a prior choice of applicable law, the general rule in Regulation 650/2012 is that your succession is governed by the law of the state of your habitual residence – in this example, Spanish law. If you wish your estate to be governed by Romanian law, you can normally choose this explicitly in a will or other disposition of property upon death, in line with Article 22 of the Regulation.
3. Can I choose Romanian law to govern my succession even if I have been living in another EU country for many years?
Yes. Regulation 650/2012 allows you to choose the law of the state whose nationality you possess. If you are a Romanian national, you may choose Romanian law to govern your entire succession, even if your habitual residence is in another Member State. The choice is usually made in a will or similar disposition, drafted in the form required for wills. The consequences for your spouse, children and other heirs should be carefully considered with professional advice.
4. What is the European Certificate of Succession and why would I need it?
The European Certificate of Succession (ECS) is a document introduced by Regulation (EU) No 650/2012 and issued by the authority dealing with the succession (court or notary). It proves the status and rights of heirs, legatees or administrators of the estate in other EU Member States. The ECS is designed to circulate “without borders”: once issued, it can be used in other participating Member States, without a separate recognition procedure, to deal with banks, land registries, business registers and other authorities.
5. I have a European Certificate of Succession issued in another Member State. How do I use it in Romania?
In Romania, an ECS issued in another Member State can be presented to notaries, courts and land registry offices to prove your status as heir or legatee. Romanian authorities recognise its effects under Regulation 650/2012 and national implementing legislation (such as Law No 206/2016), without requiring a separate recognition procedure. In practice, your notary or lawyer will assist you in using the ECS to register your rights in the land register or other public registers.
6. What happens if I own assets both in EU states that apply the Regulation and in non-EU countries?
For assets located in participating EU Member States, Regulation 650/2012 applies (unity of applicable law, possibility of ECS, etc.). For assets in third states (for example, the United Kingdom, the USA, Canada), that state’s rules on succession and conflict of laws apply. In such “mixed” estates, careful succession planning and consultation with a lawyer experienced in cross-border cases are essential to avoid conflicting decisions and unnecessary costs.
7. If the deceased lived in several countries, who decides where the habitual residence was?
Habitual residence is not determined solely by formal declarations (such as the address in an identity document) but by examining all relevant circumstances: where the person actually lived most of the time, where family, employment and business interests were located, and what the centre of life was. In case of doubt, the authority dealing with the succession (court or notary) will assess these factors and may, in exceptional cases, conclude that there was a manifestly closer connection with a state other than the state of the last formal residence.
8. Does Regulation (EU) No 650/2012 apply in the United Kingdom or Denmark?
No. The United Kingdom and Ireland opted out of Regulation 650/2012, and Denmark has a special position with respect to EU instruments on judicial cooperation. For successions involving those states, their own private international law rules and, where applicable, the rules of the Romanian Civil Code and any bilateral treaties apply. However, if the estate also includes assets in a Member State that applies the Regulation (for example, France or Germany), that part of the succession will follow Regulation 650/2012.
9. Is it mandatory to hire a lawyer for an international succession?
It is not mandatory, but it is highly advisable. Cross-border successions often raise complex issues of private international law, choice of applicable law, recognition and enforcement of foreign decisions and authentic instruments. A lawyer with expertise in these matters can help protect your rights, avoid parallel proceedings and ensure that the estate is administered as efficiently as possible. In purely domestic Romanian cases without a cross-border element, the procedure can usually be handled directly with the notary.
10. Can I make separate wills in different countries where I own property?
In principle, yes – it is possible to make wills in several countries, especially when you own assets in different jurisdictions. The key is that those wills must be coherent and compatible with each other, with Regulation 650/2012 and with the relevant national laws. Before making a new will in another state, you should carefully review any existing wills in other jurisdictions, to avoid contradictions or situations where some provisions become inapplicable. Legal advice is essential in such cases.