1/1/1900
Under the laws of Romania, the inheritance procedure (respectively the transfer of the property of a deceased person to his heirs), can be done in front of the Notary Public or by the court.
1. The inheritace procedure in front of the Notary Public
The inheritance procedure shall be done to the Notary Public office teritorially competent, respectively the Notary Public office situated in the district of the last domicile of the deceased. In case the deceased did not have his last domicile in Romania, the inheritance procedure shall be done to the Notary Public office from the district of the place where the deceased had the most important property.
The procedure shall be started at the request of any interested person, at the request of the the prosecutor or of the secretary of the local council of the district where the deceased had his last domicile, if the inheritance contains real estates.
In the cases stipulated by law or at the request of interested persons, the Notary Public personally or through a delegate, will make an inventory of theinheritance property. The inventory of such assets is made only with the consent of the person who has the possession of the goods which belonged to the deceased. If during the inventory, there would be found a will left by the deceased, it will be referred to the Notary Public to be sealed and shall be deposited at the Notary Public office. In case there exists the possiblity of alienation, loss, substitution or destruction of the inheritance property, the Notary Public can put the property under seal or can appoint a custodian. The amounts of money, and other such documents shall be deposited at the Notary Public Office or at a specialized institution.
In case it will be found a will with the occasion of the inventory or any interested person has the wil of the deceased, the Notary Public shall open it.
The acceptance of the inheritance, as well as the renunciaton to the inheritance, shall be done by the entitled heirs within six months from the date of death.
The Notary Public establishes, based of the civil status documents an witnesses’ statements - the number and type of the inheritors and their rights, and based on the documents and any other evidence allowed by law – the assets representing the inheritance property. The Notary sets the inheritance taxes, and makes, at the request of the heirs according to their mutual agreement, the division of inheritance.
The entire procedure is completed after the Notary issues the inheritor certificate (issued in case of the inheritance by law) or the legatee certificate (issued in case of the testamentary inheritance).
In case the heirs could not prove the existence of certain assets in the patrimony of the deceased or the determination of such estates requires a long lasting procedures, the Notary Public will issue a certificate attestig only the quality of the heir(s). With the agreement of all heirs, The Notary Public may continue the inheritance procedure, in order to complete the final closing minutes with the missing estates; in this situation, the Notary shall issue a supplementary heir certificate.
In case there are no legal or legatees, at the request of state representative, the Notary Public shall state that the inheritance is vacant and shall issue a certificate of vacant inheritance, after the legal term for acceptance of the inheritance.
After the issuance of the inheritor certificate, or of the legatee certificate or of vacant inheritance certificate, the Notary cannot issue another certificate for the same deceased regarding the inheritance, except in cases provided by law. The inheritor certificate is an authentic document, stating the rights of the inheritor and makes full proof of the status of the inheritor and of the share or certain assets he is entitled to, until it is declared void by court order.
According to the Romanian law in force, the inheritance asstes are subject, in terms of movable property, wherever located - to the national law of the deceased, and in terms of real estates and leasehold - to law of the place where these estates are located.
2 Inheritance procedure in front of the court
In case the heirs dispute each other’s quality or they do not come to an agreement with respect to the inheritance estates or to the extent of the inheritance rights they are entitled, the inheritance procedure started in front of the Notary Public shall be suspended, if the heirs decide to make it in court.
After the issuance of the inheritors certificate, the inheritors who consider to be injured in their righs by the issuance of the inheritor certificate, may ask the court its cancellation and setting their rights under the law.
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