What Does the Inheritance (Succession) Process in Romania Involve?
The inheritance (succession) process is the legal procedure through which the following are determined:
- The identity of heirs, legatees, and the extent of their rights based on legal provisions that establish who is entitled to inherit and the corresponding inheritance share for each, or, when the deceased has left a will, based on testamentary provisions;
- The composition of the estate based on the contents of the deceased’s patrimony at the time of the succession’s opening, including both assets—rights and property—and liabilities—debts.
To complete this procedure, heirs have two alternative options: notarial succession or court proceedings.
The succession process is not mandatory but is useful since its purpose is to obtain a certificate of inheritance or, as applicable, a final court ruling that serves as proof of the heirs’ status, their inheritance rights, and the estate’s composition. The inheritance process does not necessarily include succession partition. If there are multiple heirs, succession proceedings result in a state of co-ownership, where each co-heir has rights over abstract shares of the estate. Partition is a distinct operation that ends the co-ownership by assigning the actual rights to heirs, but it can also be carried out simultaneously with the inheritance process through either of the available methods.
Notarial Succession Procedure in Romania
The notarial inheritance procedure is a non-contentious process conducted according to the provisions of Law No. 36/1995 on Public Notaries and Notarial Activity, as republished. The competent authority is the first notary approached within the territorial jurisdiction of the court corresponding to the deceased’s last domicile in Romania. If the last domicile was abroad, competence is determined based on the location of the inherited assets, and if no assets are located in Romania, the first notary approached will have jurisdiction.
The notarial procedure in Romania begins when any of the heirs submits a request to the notary. After the succession procedure is formally initiated, the legally notified notary will summon all heirs with a legal inheritance right and any legatees if a will exists.
Next, the number and status of heirs will be established based on civil status documents, a will, or witness testimony. Similarly, the assets forming the estate will be identified through documents or any other legally admissible evidence. Once sufficient evidence has been gathered and the heirs reach an agreement, the notary will issue a final ruling on the succession procedure, upon which the inheritance certificates will be issued.
If the heirs also agree on how to distribute the assets, this will be noted in the final ruling.
Inheritance (Succession) Process in Court in Romania
The court procedure in Romania is characterized by the conflicting interests of the parties involved and is most often used when not all heirs are known or when disputes arise over inheritance rights.
This procedure begins when one of the heirs files a lawsuit with the competent court. As with the notarial procedure, the competent court is determined according to the same rules outlined above, primarily based on the deceased’s last domicile and secondarily based on the location of the inherited assets.
As a necessary condition for initiating the lawsuit, proof must be provided that preliminary proceedings were completed by submitting a record issued by a notary regarding succession verification.
Similar to the notarial process, the court will determine the heirs, their inheritance shares, and the estate’s composition based on civil status documents, written evidence, witness testimony, and any existing will. At the same time, partition of the inheritance may be requested.
Time and Costs of the Inheritance Process in Romania
The notarial inheritance procedure is preferable due to its speed compared to the court procedure, which may take several years, depending on the legal circumstances.
In terms of costs, in Romania, the notarial procedure mainly involves the notary’s fee, which is not fixed but is calculated based on the value of the inherited estate. The court procedure requires the payment of a judicial stamp duty, established according to Government Ordinance No. 80/2013, also based on the estate’s value, typically amounting to 5% of the estate.
Additionally, in both cases, an inheritance tax of 1% of the estate’s value must be paid. However, there is an exemption from this tax if the inheritance is settled within two years of the succession’s opening.
Timeframe for Initiating Inheritance Proceedings in Romania
Firstly, heirs can request the inheritance process to begin only after the succession has been opened. Before this moment, any agreement regarding inheritance assets is null and void according to Article 956 of the Civil Code.
Secondly, it is important to note that there is no legal deadline for heirs to initiate the inheritance process. In other words, their right is imprescriptible. However, it is recommended that succession proceedings be carried out as close as possible to the time of opening for two main reasons:
- The closer the inheritance process is to the time of death, the easier it is to identify and gather the heirs and administer the necessary evidence.
- Heirs will owe a 1% inheritance tax if the succession is not settled and finalized within two years from the date of death, as stipulated in Article 111, paragraph (3) of the Fiscal Code.
