How Is a Cross-Border Inheritance Settled?

Legal Guide for Successions with International Elements

In a world of increasing mobility, it is increasingly common for an inheritance to involve assets in multiple countries or for a death to occur in a foreign state. In such cases, questions arise such as: which is the applicable law, what procedure is required, and what role does a will lawyer or a probate lawyers play? A trusted inheritance lawyer or inheritance attorney is essential for guidance. An attorneys that do wills and lawyers that do wills can assist with preparing the inheritance document or will as part of the intestate succession process, or ensure that legal heirs—including any heir—understand their rights.

According to Romanian Civil Code, the inheritance is governed by the national law of the deceased, from the date of their death, and when assets are in Romania, probate lawyers or a will lawyer or inheritance lawyer can file the inheritance document through a procedure before a Romanian notary. There are no jurisdiction conflicts, but clarifications may be needed when a heir is a legal heirs or when distributing the estate in a succession.

With more Romanians working or owning property abroad, the number of inheritance cases with cross-border issues is growing. A attorneys that do wills and lawyers that do wills help ensure compliance with applicable law across jurisdictions. Collaboration with an inheritance attorney and a will lawyer is recommended when a will, or in absence of a will, intestate succession, is involved.

Will Lawyer. Inheritance in Romania When the Death Occurred in the Country

If a person dies in Romania and owns assets on Romanian territory, the inheritance procedure is governed by Romanian law. An inheritance lawyer can guide the steps necessary to obtain an inheritance document through a notary. In this case, there is no jurisdictional conflict, but issues may arise regarding the status of the heir or the distribution of the estate.
In this situation, there is no conflict of laws, as jurisdiction is clear and Romanian succession law applies. However, problems may arise regarding the status of the heir or the inheritance concerning the distribution of the estate. Therefore, working with an attorney specialized in inheritance law is essential to clarify any misunderstandings or disputes.

It is important to emphasize that, in any inheritance procedure, compliance with succession law norms protects the rights of every heir, whether they are legal heirs or legatees designated by a will and certified through an inheritance document.

When the death occurs on Romanian territory and there are assets in the country, the involvement of a notary alongside an inheritance attorney is necessary to comply with the procedure and protect the rights of all heirs.

Lawyers that do wills. Inheritance in Romania When the Death Occurred Abroad

Cases in which the deceased passes away abroad but owns property in Romania are increasingly common among Romanians in the diaspora. Therefore, it is crucial to establish the applicable law governing the succession. The involvement of a will lawyer, a probate lawyers, and a notary in Romania helps facilitate the procedure.
Even though the death did not occur in Romania, the heirs can request the issuance of an inheritance document based on a will, or in its absence, under intestate succession law. This is especially important if the deceased had dual citizenship, permanent residence abroad, or drafted a will under a foreign legal system. In such situations, Regulation (EU) No. 650/2012 applies, allowing for the choice of national law to govern the succession (if expressly stated in the will).
The expertise of a inheritance lawyer or inheritance attorney, along with attorneys that do wills, is essential for navigating cross-border legal issues and coordinating with a notary in Romania. They can also help obtain and legalize foreign documents (death certificates, birth certificates, wills, certified translations, etc.) and assist in preparing the necessary paperwork.
Even if the death occurred abroad, heirs are entitled to request an inheritance document for assets located in Romania. If the heir resides abroad, the procedure can be carried out through a special power of attorney, without requiring their physical presence in Romania.

Inheritance Attorney. Inheritance Involving Assets in Multiple European Countries – Which Court Has Jurisdiction and What Law Applies

When a succession involves assets located in several EU member states, Regulation (EU) No. 650/2012 applies. This establishes that the applicable law is generally that of the country where the deceased had their habitual residence at the time of death.
“In the case of an international inheritance, correctly choosing the jurisdiction and identifying the applicable law is essential. With the support of a inheritance lawyer, heirs can avoid legal bottlenecks and obtain recognition of their rights efficiently and lawfully,” stated the Coordinating Lawyer of the Romanian Law Firm Pavel, Mărgărit & Associates, Dr. Radu Pavel.
The Romanian Law Firm Pavel, Mărgărit & Associates provides complete legal assistance in the field of inheritance law, with a focus on international succession and cross-border inheritance. Our team of inheritance attorney, lawyers that do wills, and probate lawyers offers legal advice and representation before notaries and competent courts, both in Romania and across Europe.

To obtain recognition of an inheritance document in multiple countries, a european certificate of succession may be required. The expertise of an inheritance lawyer or an attorneys that do wills allows for efficient management of the cross-border procedure, in collaboration with a notary partner abroad. A will lawyer or a lawyers that do wills is also crucial in handling documents such as will, inheritance document, and international succession strategies. The role of a specialized inheritance attorney and probate lawyers is to ensure legal representation and the protection of every heir and their rights, whether based on will or intestate succession.

In complex cases such as these, an inheritance lawyer with experience in international succession law is an essential support. A probate lawyers can assist with verifying applicable law, preparing necessary inheritance document, and advising legal heirs on each phase of the procedure, from identifying the heir to implementing the distribution of the estate. Whether the death occurred in Romania or abroad, a qualified will lawyer, inheritance attorney, and lawyers that do wills team can offer clarity and efficiency.

The Romanian law firm Pavel, Mărgărit & Associates is one of the top law firms in Romania, delivering the highest quality legal services. Its client base includes both major multinational and local companies. In 2024, the law firm’s success stories earned it international recognition from prestigious legal directories and publications. As such, Pavel, Mărgărit & Associates was ranked 3rd in Romania for business law firms with the most relevant expertise by Legal 500. The firm is also recognized internationally by IFLR 1000 Financial and Corporate 2024. Moreover, Pavel, Mărgărit & Associates is the only Romanian law firm recommended by the Global Law Experts directory in London in the practice area of Dispute Resolution. Full details about Pavel, Mărgărit & Associates are available at www.avocatpavel.ro.