The succession/inheritance procedure can be a complex one, being involved documents and the relationship with various state Romanian institutions, especially in the situation where there are many movable or immovable assets that are about to enter the patrimony of another person. Given the complexity of the procedure and the steps to be taken in order to open the succession/inheritance procedure, Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer in Succession law and Civil law who can advise you on the steps to be taken in such cases, as well as provide legal assistance and representation before the notary public or any other Romanian authority.
Who can request the opening of the succession/ inheritance procedure?
According to the provisions of the Romanian Civil Code, the inheritance belongs to the surviving spouse and relatives of the deceased, namely his/her descendants, ascendants and collaterals, as the case may be.
The relatives of the deceased will inherit the deceased in the order of the classes of heirs they belong to, depending on their degree of kinship in relation to the deceased and the principles regulated in this matter.
In addition to the persons expressly designated by law, the persons who are designated by the deceased by will also have a vocation for inheritance.
However, if there are no heirs (as regulated by the law or according to the will) or their vocation of succession does not extend to the entire estate, then the inheritance is vacant and it will return to the commune, city or municipality, as the case may be, in whose territorial area are located the goods (movables and immoveable) at the date of opening the inheritance procedure.
How to open the succession/inheritance procedure?
Generally, the succession procedure is performed by the notary public whose notary office is within the territorial radius of the court in whose constituency the last domicile of the deceased is located.
However, where there are misunderstandings between the heirs or if they so prefer, the competent court will rule on the opening of the succession/inheritance.The reasons for the misunderstanding between the heirs regarding the succession can be varied: the succession table, the succession vocation of some of them, the contestation of the right of succession, etc.
Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer specialized in Succession law and civil law who can assist you before a notary public on the procedure for opening the succession or, as the case may be, advise in case of any misunderstandings between heirs and representatives. before the court in case of judicial division of the assets of the estate.
When does the succession procedure open?
The heirs may choose to expressly accept or renounce the deceased’s inheritance within a succession option of 1 year from the date of opening the inheritance.
If one of the heirs has requested, prior to the exercise of the right of succession option, the drawing up of the inventory regarding the goods that are the object of the succession, the term of succession option will be extended by two months from the date of communication of the inventory report.
However, even if the succession option is not exercised, the heirs may declare, during the debate of the succession before the notary public, that they have performed material acts which undoubtedly show the intention to accept the succession.
Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in Succession law and civil law, who can provide you with legal advice on the steps to be followed in such cases and assistance and representation, both in the succession procedure carried out in before the notary public, as well as before the Romanian court.
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The right to request the opening of a succession/inheritance procedure in Romania belongs to the surviving spouse and relatives of the deceased, including descendants, ascendants, and collaterals. Additionally, individuals designated by the deceased through a will also have a right to inheritance.
The succession procedure in Romania is typically initiated by a notary public within the territorial jurisdiction of the court where the deceased’s last domicile was located. However, if there are disputes or disagreements among the heirs, the competent court may intervene to determine the succession. It’s advisable to consult a specialized lawyer in Succession law and civil law to assist in navigating the process and resolving potential disputes.
The heirs in Romania have a one-year period from the date of opening the inheritance to expressly accept or renounce the deceased’s inheritance. If an heir requests the preparation of an inventory report for the estate’s assets before exercising the right of succession, the deadline for making a decision is extended by two months from the date of receiving the inventory report. Even if the formal succession option is not exercised, heirs may declare their intention to accept the inheritance during the succession proceedings before a notary public. A specialized lawyer in Succession law and civil law can provide guidance on the specific steps and timelines involved in these procedures.