What the estate procedure involves
The estate procedure (dezbaterea succesiunii) establishes who the heirs of a deceased person are, what assets and debts the person left and what share each heir receives. At the end, the heirs receive a certificate of inheritance, the document that proves their rights, for example to register property in the land register or to access the deceased's bank accounts.
The procedure can be handled by a public notary or, in case of disagreement, by the court.
The deadline to accept: one year
Under the Romanian Civil Code, the right to accept an inheritance must be exercised within one year, which usually runs from the date the succession opens, that is, the date of death. As a rule, an heir who does not accept within that period is treated as a stranger to the inheritance, that is, as never having been an heir.
Acceptance can be express, by a statement made before a notary or in writing, or implied, through acts that clearly show the intention to be an heir, for example managing an inherited asset as its owner. For certainty, express acceptance is preferable. Within the same period, an heir may also renounce the inheritance, for example where the debts exceed the value of the assets. Renunciation must be made in the form required by law, before a notary.
Note that heirs are liable for the estate's debts, but, as a rule, only up to the value of the assets they receive. If you lack clear information about the deceased's debts, check them before accepting, for example by contacting banks or other known creditors.
Notary or court?
If the heirs agree on who inherits, on the assets in the estate and on the shares, the procedure is handled by the competent public notary, usually in the area of the deceased's last residence. The notary checks the documents, may summon the heirs and issues the certificate of inheritance.
If there are disputes, for example about whether a will exists or is valid, about which assets belong to the estate or about how to divide them, the notary suspends the procedure and refers the parties to court. The court can establish who the heirs are, determine the estate and order its division. Whichever route applies, prepare the documents below in advance.
- The death certificate and civil status documents proving family ties.
- Title documents for the assets and land register extracts.
- The will, if there is one.
- Information about bank accounts, vehicles, company shares and debts.
The reserved share: a limit on wills
Even where there is a will, certain close relatives cannot be fully disinherited. These are the reserved heirs: the surviving spouse, descendants (children, grandchildren) and the deceased's parents. As a rule, the reserved share is half of the share each of them would have received had there been no will or gifts.
If a will or lifetime gifts infringe the reserved share, the reserved heir can ask for those gifts or bequests to be reduced, under the conditions and within the time limits set by law.
Inheritances with assets abroad
Many families have assets or heirs in more than one country. Within the European Union, a common regulation on succession applies. As a rule, the succession is governed by the law of the state where the deceased had their habitual residence at death, unless they chose, as the regulation allows, the law of their nationality.
The European Certificate of Succession can be used to prove heir status in another member state. Where assets are outside the European Union, private international law rules apply and often separate proceedings are needed in that country. In such cases, coordination between jurisdictions is essential.
What to do now
Do not let the one-year deadline pass. List the documents you have, talk to the other heirs and find out whether there is agreement. If there are significant debts or disputes, get legal advice before accepting or renouncing the inheritance.
If the estate was not settled in time, this does not automatically mean rights have been lost. The situation must, however, be analysed carefully, based on what each heir did after the death.
The information in this article is general. Every estate has its own features that require an individual analysis.
If you have an unsettled estate or a disagreement with other heirs, the Law Office of Bocse Marian-Mihaita can review your situation. We assist before the notary and represent clients in court, including in cross-border inheritances with assets or heirs abroad.
This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.
