Legal framework of succession in Central- and Eastern Europe

 

General description as of 2020 – The information provided below does not constitute legal advice.

Romania

Administration of the estate

Competence for initiating inheritance proceedings lies with the notary public practicing at the testator's domicile. Should the domicile be located abroad, the notary practicing at the area wherein the majority of the testator's assets are located shall have jurisdiction. The notary is liable to make sure of their competence to initiate proceedings. Should the notary lack jurisdiction, the proceedings are to be taken over by the competent notary.

Insofar as requested by one's heirs, creditors of the estate or an affected party, a notary shall draw up an inheritance inventory.

Once the heirs have been determined and the estate has been divided, the notary shall issue an inheritance certificate, containing information about the estate, the number of heirs and their rankings, and their share of the estate.

The certificate of inheritance does not have a material legal effect and is not a prerequisite for the commencement of inheritance proceedings. It merely acts as a document of proof in the assertion of inherited rights over third parties and state authorities.

Compulsory share

The spouse, descendants and parents of the deceased, insofar as the latter qualify for statutory succession, are entitled to a compulsory share. The compulsory share amounts to one half of the statutory share.

Inheritance tax

Insofar as inheritance proceedings are finalized within two years' time following their initiation, no inheritance tax is levied. Failure to abide by the aforesaid deadline shall result in the imposition of a tax of 1% of the estate's value.


General description as of 2020 – The information provided above does not constitute legal advice.