Succession and inheritance in Romania: from death to the certificate of inheritance and when you need a lawyer

The Romanian Civil Code defines inheritance as the transfer of the estate of a deceased natural person to one or more living persons (Article 953 of the Civil Code – Law no. 287/2009). In short, all property rights and obligations that do not extinguish upon death (ownership, debts, claims) are transferred to the heirs – either under the law or under a will.

This article is intended to explain, in accessible language, the steps from death to the certificate of inheritance, the difference between notarial and contentious succession, the required documents, complex situations (children from different marriages, assets in several locations, cross-border elements), the connection with partition of inheritance, as well as when it is useful or even necessary to involve a lawyer. Although the article is written in English, it deals with Romanian law, with references to the Romanian Civil Code and Romanian practice.

1. Basic concepts: what inheritance means under the Civil Code

1.1. When is the inheritance opened and what is the “estate”?

According to Article 954 of the Civil Code, the inheritance is opened at the time of the person’s death, at his or her last domicile. The last domicile is important for determining the competent notary public or court.

The collection of assets, rights and debts transferred to the heirs is called the estate (in Romanian practice, masa succesorală). It may include, for example:

• immovable property (apartments, houses, land, commercial premises);
• movable assets (cars, valuables, bank accounts, shares);
• claims (loans granted to others, dividends to be collected);
• debts (bank loans, tax debts, other payment obligations).

Heirs do not receive only “assets” but also “liabilities” – that is, within certain limits, they are also liable for the deceased’s debts. This is why the Civil Code regulates acceptance of inheritance under benefit of inventory as a protective mechanism (Articles 1,115 et seq. of the Civil Code).

1.2. Who can inherit: legal and testamentary heirs

The rules on who can inherit are set out in Book IV of the Civil Code. Broadly speaking, there are:

• legal heirs – relatives of the deceased, grouped into classes of heirs (descendants – children, grandchildren; ascendants – parents, grandparents; collateral relatives – brothers, sisters, nephews/nieces etc.) and the surviving spouse (Articles 963–975 Civil Code);
• testamentary heirs – persons (natural or legal) designated in a will to receive property from the inheritance (Articles 1,036 et seq. Civil Code).

The Civil Code also regulates reserved heirs and the reserved portion (Articles 1,086–1,090), namely the part of the inheritance that cannot be taken away by will from certain categories of legal heirs (primarily descendants and the surviving spouse).

1.3. The right of option: accept, renounce or simply wait?

Each person called to inherit has a right of option – he or she can accept or renounce the inheritance. Article 1,103 of the Civil Code provides for a one-year term from the date when the inheritance was opened (or from the date when the successor became aware of being called to inherit) to exercise this option.

Acceptance can be:

• express – by an authenticated declaration at a notary or in court;
• tacit – when the heir performs acts that can only be understood as acceptance (for example, selling inherited property, paying the estate’s debts using inherited assets, etc.).

Renunciation of inheritance is usually made by authenticated declaration before a notary (Article 1,112 Civil Code). It is important to emphasise that renunciation has effects in respect of the entire hereditary share, not just part of the assets, and that it may have consequences for the renouncing person’s children (who, in certain conditions, may inherit in his or her place).

2. From death to the notary: initial steps in succession

2.1. Who reports the death and how is it proved?

The first legal step is the issuance of the death certificate by the civil status office. Civil status documents (birth, marriage, death) are governed by the Civil Code and special legislation and are authentic deeds providing proof of the recorded facts. Without a death certificate, succession proceedings cannot be opened.

After obtaining the death certificate, any person with an interest (heirs, creditors, sometimes the municipality) may refer the case to a notary public to open succession. Under Article 12 letter c) and Article 15 of Law no. 36/1995 on notaries public and notarial activity, succession proceedings are within the competence of the notary whose office is in the district of the court in whose jurisdiction the deceased had his or her last domicile.

2.2. The two-year term and the 1% inheritance tax

A practical aspect that many people are unaware of concerns the tax on transfer of ownership by inheritance. The Fiscal Code provides that if succession is initiated and completed within two years from the date of death, heirs do not pay inheritance tax. If this term is exceeded, they usually owe a tax of 1% of the value of the estate (a value usually determined based on notarial valuation grids). The rules can be consulted in the Fiscal Code and in the information materials issued by ANAF (Romanian tax administration) on inheritance taxation.

It is important to note that, from a civil law perspective, there is no maximum legal time limit for initiating succession – the inheritance can be formally dealt with even ten years after death. However, delays can entail significant tax costs for the heirs.

2.3. Who can initiate succession proceedings before a notary?

According to Articles 103 et seq. of Law no. 36/1995, succession proceedings before a notary can be initiated at the request of:

• any heir (legal or testamentary);
• the secretary of the local council, in certain cases (for example, in vacant inheritance cases);
• other interested persons (for example, creditors of the deceased or of the heirs).

Before starting the procedure, the notary checks the national succession register (Registrul național de evidență a succesiunilor) to verify that proceedings have not already been opened with another notary’s office.

3. Notarial succession: steps from appointment to certificate of inheritance

3.1. Documents required for succession

The exact list of documents may vary depending on the case and the assets in the estate, but in practice the following are usually required:

• the death certificate (original);
• identity documents of the heirs (ID card/passport);
• civil status documents of the heirs: birth certificates, marriage certificates, divorce certificates where applicable;
• documents proving heir status (marriage certificate, children’s birth certificates, court decisions establishing filiation, etc.);
• title deeds for the estate assets (sale-purchase contracts, earlier certificates of inheritance, deeds of gift, court decisions);
• land registry extracts (updated) for immovable property;
• tax certificates from local tax authorities for immovable property and land;
• bank certificates regarding accounts, shares, social parts, where applicable;
• the will, if any, in original or in an authenticated copy;
• other specific documents (for example, valuation reports, documents concerning debts, loan contracts).

The National Union of Notaries Public in Romania provides detailed information on succession and required documents (in Romanian) on its website: UNNPR – Information on successions.

3.2. Main stages of notarial succession proceedings

In broad terms, notarial succession involves the following stages:

1. Appointment with the notary and filing the request to open succession – the heirs (or one of them) file a request and attach the main documents (death certificate, title deeds, civil status documents).
2. Identifying the heirs and the estate – the notary determines who are the potential heirs (called to inherit) and what assets are part of the estate.
3. Determining each heir’s share – based on the legal regime (classes of heirs, the surviving spouse’s share etc.) and any valid will.
4. Acceptance of inheritance – heirs make declarations of acceptance (or renunciation), usually notarised at the same office.
5. Inventory of the estate – where necessary, the notary draws up an inventory (for example, if the inheritance is accepted under benefit of inventory or if the estate is complex).
6. Hearing witnesses – in some cases, the notary may hear witnesses (for example, to clarify whether there are other heirs or to prove cohabitation).
7. Drafting and issuing the certificate of inheritance – the final deed attesting who the heirs are and what shares or assets they receive.

The certificate of inheritance is an authentic deed in relations with third parties and serves as basis for registering ownership in the land registry, for changing the registered owner in local tax records and for dealing with banks and other institutions.

3.3. Types of certificates of inheritance

Depending on the situation, the notary may issue several types of certificates:

• certificate of legal inheritance – when inheritance follows the legal order;
• certificate of testamentary inheritance – when there is a valid will;
• certificate of legacy – for particular legacies (specific assets bequeathed to a certain person);
• certificate of heir status – attesting only the status of heir, without detailing the estate assets;
• certificate of vacant inheritance – where there are no heirs or all have renounced, and the inheritance passes to the state (Article 553 Civil Code).

4. Contentious succession: when the notarial procedure fails

4.1. Why do cases go to court?

Although most inheritances are dealt with before a notary, some situations cannot be finalised in this way. The most frequent reasons are:

• conflicts between heirs – disputes over who is an heir, what share each receives or the validity of a will;
• contested wills – suspicions of forgery, lack of capacity of the testator, abuse of influence, breach of reserved portions;
• lack of essential documents – for example, civil status documents that cannot be clarified administratively;
• refusal of an heir to appear or cooperate – the notary cannot compel heirs to take part; if consent of all is required and missing, the only option may be court.

In such cases, the notary may refuse to complete the procedure or record that there is a state of disagreement among the heirs, directing them to the competent court.

4.2. Types of court actions in inheritance matters

Depending on the circumstances, heirs may bring, among others:

• action for establishment of heir status and inheritance rights – where there is no certificate of inheritance or it is challenged;
• action for annulment or nullity of a will – for defects of form or vitiated consent;
• action for reduction of excessive liberalities – where gifts or legacies infringe reserved portions of reserved heirs;
• action for drawing into account (collation) of gifts – where some heirs received gifts during the deceased’s lifetime that must be brought back into the estate;
• action for partition of inheritance – to physically divide the assets among the heirs.

The competent court is usually the district court (judecătoria) of the last domicile of the deceased (for details, see the rules on material and territorial jurisdiction in the Civil Procedure Code).

5. Complex real-life situations: children from different marriages, assets in several places, cohabitation

5.1. Children from different marriages and the surviving spouse

One of the most delicate situations is inheritance in “recomposed” families: the deceased has children from several marriages, a surviving spouse and possibly children outside marriage. The Civil Code treats all descendants of the same degree equally, irrespective of whether they are born in wedlock, out of wedlock or adopted (Articles 260–263 Civil Code on filiation and Article 975 on the order of heirs).

The surviving spouse’s share varies depending on the class of heirs with which he or she is in competition (Articles 971–973 Civil Code). For example:

• if the deceased leaves a spouse and children, the spouse will normally inherit 1/4, and the children will share the remaining 3/4 equally;
• if the deceased leaves a spouse and only ascendants (parents, grandparents), the spouse’s share will be higher (typically 1/2, subject to the law’s detailed rules).

In practice, disputes arise when:

• children from a first marriage feel “disadvantaged” compared to the surviving spouse or children from a second marriage;
• a special matrimonial regime (such as separation of property or a matrimonial agreement) affects what actually enters the estate;
• there are lifetime gifts to some of the children, which must be collated in the inheritance procedure.

5.2. Cohabitation and the “de facto” partner

Another difficulty concerns couples who are in a long-term relationship without being formally married. Romanian law does not recognise cohabitation as a matrimonial regime, which means that a partner who is not a spouse has no status as legal heir. Such a partner can benefit from inheritance only if there is a will in his or her favour or, to some extent, through previous legal arrangements (for example, co-ownership established through purchase deeds).

In the absence of a will, a cohabiting partner may be in a vulnerable position, even after decades of living together with the deceased. This is why, in such situations, legal advice before death (succession planning) is crucial.

5.3. Assets in several localities or in other countries

It is not uncommon for a person to own:

• an apartment in Bucharest,
• land in another county,
• bank accounts or investments abroad.

For assets located in Romania, the notary’s competence is generally determined by the last domicile of the deceased (Article 15 of Law no. 36/1995). However, assets located in other countries may trigger the application of Regulation (EU) no. 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, available on EUR-Lex: Regulation (EU) no. 650/2012.

This Regulation lays down rules on jurisdiction, applicable law and recognition of authentic instruments in cross-border succession matters and allows the issuance of a European Certificate of Succession usable in several EU Member States. In cross-border inheritance cases, it is highly advisable to involve a lawyer or a notary experienced in European succession law.

6. The link between succession and partition of inheritance

6.1. The certificate of inheritance does not automatically divide the assets

A point often misunderstood is that once the certificate of inheritance is issued, assets are not necessarily “physically divided”. As a rule, heirs become co-owners of the assets held in common shares (for example, three siblings – each owning 1/3 of the apartment).

If heirs agree, they can perform a voluntary partition before a notary, allocating specific assets or shares to each of them (one receives the apartment, another the land, another a cash equalisation – “sultă”) while complying with the values of the assets.

6.2. Voluntary partition before a notary

Voluntary partition can be carried out either in the succession procedure itself or later, by a separate authentic deed. It requires:

• the agreement of all heirs on how to divide the estate;
• valuation of assets (through expert reports or by agreement using values from notarial grids);
• determination of lots and, where appropriate, monetary equalisation between heirs.

The advantages of notarial partition are clarity and speed – it avoids lengthy court proceedings. In the absence of agreement, the only option is judicial partition, governed by the Civil Procedure Code.

7. When it is useful and when it is essential to involve a lawyer

7.1. Simple cases: the notary may be enough

In relatively simple situations – for example, a single heir, a single apartment, no debts and no other persons claiming rights – the procedure can usually be completed with the help of a notary alone. Nevertheless, the heir should be informed about the term for exercising the right of option, the tax implications and the potential risks of accepting an inheritance without evaluating the deceased’s debts.

7.2. Cases where involving a lawyer is recommended

In practice, many successions are far from simple. Involving a lawyer specialised in civil law and inheritance law is especially recommended when:

• there are conflicts between heirs regarding individual shares or which assets belong to the estate;
• there are controversial wills (suspicions of influence, lack of discernment, defects of form);
• there are gifts made during the deceased’s lifetime to some of the heirs which affect reserved portions and partition;
• the estate is very complex (companies, shares, investment portfolios, assets abroad);
• cross-border elements are involved (foreign citizens, assets in other states, application of Regulation (EU) no. 650/2012);
• there are suspicions of fraud, concealment of assets or breach of fiduciary duties between heirs.

A lawyer can:

• analyse documents and facts to define the best strategy (notarial or judicial);
• draft notices, claims, court actions and applications for land registry registration;
• represent heirs in negotiations for voluntary partition or in judicial partition proceedings;
• manage, together with notaries and experts, cross-border successions and communication with authorities in other states.

For an overview of the legal services provided by Măglaș Alexandru – Cabinet de Avocat in civil matters (in Romanian), you can consult: Serviciile cabinetului de avocat Măglaș Alexandru.

FAQ – Succession and inheritance in Romania

1. How long do I have to deal with succession after a person’s death?

From a civil law perspective, there is no maximum time limit by which succession must be formally dealt with – the estate can be handled even five or ten years after death. However, there is a one-year term for exercising the right of option (acceptance or renunciation), provided by the Civil Code. From a tax perspective, the Fiscal Code provides that if succession is opened and completed within two years of death, no 1% inheritance tax is due on the estate; after two years this tax is usually payable.

2. Is going to the notary mandatory or can I deal with succession directly in court?

In Romania, the standard procedure is notarial succession, governed by Law no. 36/1995. Courts are primarily involved when there are disputes between heirs, issues that cannot be solved at the notary or when a certificate of inheritance, a will or partition is challenged. As a rule, it is advisable to start before a notary; if obstacles arise, court proceedings can follow.

3. What happens if one heir refuses to go to the notary?

The notary cannot compel an heir to appear or sign documents. If the absence or refusal of an heir blocks the procedure, the others may:

• try to reach an amicable settlement, with the help of a lawyer (negotiations, notices);
• bring actions before the court regarding heir status, the estate or judicial partition.

Depending on the case, courts can continue proceedings even without that heir’s voluntary participation, provided he or she is duly summoned and has the opportunity to present a position.

4. Can I renounce only part of the inheritance?

In principle, renunciation is indivisible: you renounce the entire hereditary share, not just specific items. The Civil Code does not recognise partial renunciation of inheritance. However, you can:

• accept the inheritance and later dispose of certain assets or of your share (for example, by donating or selling it to another heir);
• conclude a partition agreement under which you do not receive certain assets but only others or a cash equalisation.

Formal renunciation is made by authenticated declaration at a notary, and its effects should be analysed carefully together with a lawyer or notary.

5. Which documents must I bring when going to a notary for succession?

In practice, the notary will usually require at least:

• the deceased’s death certificate;
• identity documents and civil status documents of the heirs (birth and marriage certificates, divorce decisions where applicable);
• title deeds for the assets included in the estate (contracts, title deeds, previous certificates of inheritance, court decisions);
• up-to-date land registry extracts for real estate;
• tax certificates from the municipality for local taxes;
• any will, in original or authenticated copy.

The exact list may be supplemented by the notary depending on the complexity of the estate (bank accounts, shares, agricultural land, etc.).

6. What happens to the deceased’s debts – do heirs have to pay them?

Yes, but within certain limits. In principle, heirs are liable for the deceased’s debts only up to the value of the assets received, if they accept the inheritance under benefit of inventory. The Civil Code provides mechanisms to protect heirs from unexpected debts (inventory of the estate, order of payment of debts, possibility of renunciation). Therefore, when significant debts are known or suspected, it is strongly recommended to seek legal advice before performing acts that may amount to tacit acceptance of the inheritance.

7. Can succession be opened in Romania if the deceased also had assets abroad?

Yes, succession proceedings can be opened in Romania if the deceased had his or her last domicile here, while assets located in other countries may be subject to special rules, including Regulation (EU) no. 650/2012 on succession and the European Certificate of Succession. In such cases, cooperation between notaries and lawyers from several states is often necessary to ensure recognition of deeds and registration of rights in foreign land registers or other public registers.

8. When is it best to seek a lawyer’s advice: before or after going to the notary?

Ideally, legal advice should be sought as early as possible – sometimes even before opening succession before a notary, especially if there are signs of conflict or a complex estate. A lawyer can help you:

• understand your rights and obligations as an heir;
• choose the best way to accept inheritance (simply or under benefit of inventory);
• avoid hasty acts that may amount to tacit acceptance when you do not yet know the full picture of the estate and debts;
• negotiate a settlement with the other heirs to prevent long-term litigation.

In high-conflict cases, the lawyer’s role is important both before the notary and in any subsequent court proceedings.