Successions in Romania
The Importance of Consulting a Lawyer in Inheritance Matters
Consulting a lawyer specialized in inheritance matters is recommended to ensure that heirs’ rights are respected and to prevent potential disputes.
Inheritance can generate numerous conflicts among heirs, whether related to the interpretation of a will, the determination of heirship, or the actual distribution of the estate. A lawyer can prevent such situations by providing legal advice, as well as by representing and assisting heirs in inheritance procedures.
The intervention of a lawyer becomes essential especially in cases of disputes among heirs, when succession representation is needed, or when there are issues related to exercising the right to accept or renounce the inheritance within the legal term, or to challenge disinheritance due to unworthiness.
It is important to note that the inheritance process can take place before a notary public if the heirs reach an agreement, or in court when there are disputes regarding heirship or the extent of inheritance rights.
The lawyers at Blaj Law in Romania provide specialized assistance both in notarial proceedings and in court, when notarial procedures cannot be completed due to disagreements among the involved parties.
The Opening of the Inheritance
According to Article 953 of the Civil Code, inheritance represents the transfer of a deceased person’s estate to one or more living persons, serving as the legal mechanism for transferring the deceased’s rights and obligations to their heirs.
As per legal provisions, the inheritance is opened at the moment of the deceased’s death and at their last domicile, as determined by the death certificate or, in special cases, by a final judicial decision declaring death.
If the deceased’s domicile is unknown or located abroad, the inheritance may be settled by the notary public in the jurisdiction where the deceased’s real estate is located or, if there are no immovable assets, where their movable assets are located.
Types of Inheritance and Conditions for Inheriting in Romania
Inheritance can be either legal, occurring in accordance with the Civil Code’s rules, or testamentary, if the deceased expressed their wishes regarding asset distribution through a legal act during their lifetime.
Legal inheritance occurs when no will has been made and is applied based on the law, which determines the order in which potential heirs are entitled to inherit. Testamentary inheritance, on the other hand, allows the deceased to specify how their estate should be distributed, but it must respect the reserved portion of protected heirs.
To be eligible to inherit, a person must meet certain conditions, such as having legal inheritance capacity, meaning they must be alive at the time of the inheritance opening. Additionally, they must have a legal or testamentary right to inherit. Furthermore, a person declared unworthy to inherit, either by law (in cases where they have committed crimes against the deceased) or by a judicial ruling (if another heir successfully challenges their right), cannot inherit.
Order of Heirs and Inheritance Shares
According to Article 964 of the Civil Code, legal heirs are divided into four classes, each having different rights over the estate. The first class of heirs consists of the deceased’s descendants, including children, grandchildren, and great-grandchildren. The second class includes privileged ascendants (the deceased’s parents) and privileged collaterals (the deceased’s siblings). The third class comprises ordinary ascendants (grandparents and great-grandparents), while the fourth class consists of ordinary collaterals (uncles, aunts, and first cousins).
Heirs from a higher class exclude those from lower classes, and inheritance shares are determined based on the number of heirs and their respective class, as explicitly regulated by the Civil Code.
The Inheritance Settlement Process in Romania
As previously mentioned, the inheritance process can be conducted through notarial or judicial means.
The notarial procedure is preferable because it is faster and less costly, but it can only be applied if the heirs reach an agreement on all aspects of asset distribution. The process begins by submitting an inheritance request to the competent notary, along with the necessary documents, such as the death certificate, civil status documents, and property deeds. The notary determines the inheritance estate, identifies the legal or testamentary heirs, and, if there are no disputes, issues the inheritance certificate.
If there are disputes regarding heirship or the extent of inheritance rights, the inheritance is settled in court. The judicial process involves filing a lawsuit with the competent court, which will analyze the claims and evidence presented by each party and issue a ruling establishing each heir’s rights.
The Importance of Legal Assistance in Inheritance Matters
Legal assistance from a lawyer specializing in inheritance law is crucial for clarifying heirs’ rights, assisting and representing them before a notary public or court, and drafting and reviewing wills to ensure their validity.
Additionally, a lawyer plays a key role in preventing conflicts among heirs by presenting legal options for estate distribution. However, if disputes arise, the lawyer provides court representation and formulates legal defenses to protect the client’s rights. If you need legal assistance in an inheritance case, we recommend contacting a lawyer from the Blaj Law team for legal consultation tailored to your specific situation.
