Inheritance procedure in Romania
Inheritance dispute lawyers in Romania. Inheritance procedure in Romania
The debate on the deceased’s inheritance in Romania represents the procedure through which the division of an inheritance in Romania is realized, either through an action in court or through the inheritance procedure before the public notary in Romania. It is very important to establish from the outset whether the inheritance process in Romania will proceed through testamentary inheritance in Romania if the deceased has made a will in Romania, or, alternatively, through legal inheritance, if not. We talk about legal inheritance when the deceased has not left a will in Romania or when it includes legacies and disinheritances.
The request to open the procedure for the debate on the deceased’s inheritance in Romania is made before the public notary in Romania who belongs to the jurisdiction of the court where the deceased had their last domicile if there are no inheritance disputes in Romania among the heirs, and if they exercise their right of inheritance option within the legal term. In the event that, for various reasons, inheritance disputes in Romania arise among the heirs, or one of them does not attend the inheritance procedure, the division between heirs in Romania will be carried out in court.
Moreover, there are situations where, although the parties initially opt for the inheritance procedure before the public notary in Romania, the notary might have to suspend the procedure due to an inconvenience that arose during the process, such as the claims of one of the heirs regarding their rightful share or disputes over the right to inheritance.
The Romanian Law Firm Pavel Margarit and Associates always recommends seeking the advice of inheritance dispute lawyers in Romania to explain your legal rights and obligations in the case of inheritance and to assist you in preparing the necessary documents for the inheritance procedure before the public notary in Romania, such as a death certificate or property documents, to help you obtain your rightful share from the inheritance partition in Romania.
Inheritance lawyers in Romania. Inheritance process in Romania
The right of inheritance option represents the possibility for the heir to choose between consolidating the right of inheritance option by accepting, within the term established by law, the inheritance or annulling the title by renouncing their share of the division of an inheritance in Romania. The person entitled to inherit is not obliged to accept it, which is why they have a period of 1 year from the date of the debate on the deceased’s inheritance in Romania to decide whether to claim it or not. The right to inheritance of the heir is established at the time of the death of the person who leaves the inheritance. In the event that the person holding the right of inheritance option dies within the 1-year term, the right will be transmitted to their heirs.
The Romanian Law Firm Pavel Margarit and Associates recommends that the inheritance procedure before the public notary in Romania or the division between heirs in Romania be opened within a maximum of 2 years, as after this period, the costs of the inheritance process in Romania are higher, and the inherited assets are subject to taxation according to the provisions of the Fiscal Code.
If there is no person entitled to open a legal inheritance or a testamentary inheritance in Romania, it becomes vacant and may be taken over by the private domain of the commune, town, or city in whose territorial jurisdiction the assets were located at the time of death, namely the date of the inheritance partition in Romania.
Lawyer in inheritance in Romania. Inheritance procedure before the public notary in Romania
According to the provisions of the New Civil Code, those who can participate in the division of an inheritance in Romania, based on the order of classes and degree of kinship, include the surviving spouse, descendants, ascendants, and collaterals, as well as other persons designated through a will in Romania by the deceased. In situations expressly provided by law, the debate on the deceased’s inheritance in Romania can also be requested by the creditors of the deceased or the heirs who justify an interest in this regard.
At the moment when the debate on the deceased’s inheritance in Romania is requested, several documents must be submitted to the notarial office that will handle the inheritance procedure before the public notary in Romania. The essential documents are: the death certificate, the identity documents of the heirs or civil status documents, if applicable, for the surviving spouse, property documents of the inherited assets, and if it is a testamentary inheritance in Romania, the will in Romania must also be presented. Additionally, a power of attorney may be included if the document submission procedure is carried out through a lawyer in inheritance in Romania.
To determine what assets or what specific share of certain assets belongs to each heir, the total value of these assets must also be known. Therefore, a person designated by agreement of the heirs or, in the absence of such an agreement, by the notary or by the court, in case of an inheritance procedure in Romania before the court, will carry out an inventory of the assets found in the inheritance partition in Romania. At this stage, the existence of the deceased’s debts is also checked to cover them before the division between heirs in Romania.
After identifying the value of the assets and determining the heirs according to the provisions of inheritance disputes in Romania, an inheritance partition in Romania can be achieved through the agreement of the parties. Consulting with inheritance dispute lawyers in Romania is advisable to assist you in negotiations with other heirs to establish an agreement regarding the allocation of assets. Additionally, inheritance lawyers in Romania ensure that during the negotiations, the rights and interests of the heirs are respected to reach a fair and beneficial agreement for all parties involved.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance in the inheritance procedure in Romania. A lawyer in inheritance in Romania can support you in the inheritance process in Romania. In order to benefit from our professional support and for lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
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Inheritance lawyers in Romania. Inheritance process in Romania
If there are inheritance disputes in Romania between the heirs, if one of them does not attend the debate on the deceased’s inheritance in Romania before the public notary, or if a will in Romania is contested, the notary will suspend the inheritance procedure before the public notary in Romania through a resolution, and the parties will need to address the competent court to carry out the legal operation of inheritance partition in Romania. The request is submitted to the court within the territorial jurisdiction where the deceased had their last domicile and must be accompanied by the will in Romania, the death certificate, and a list of assets and debts from the inheritance partition in Romania.
A lawyer in inheritance in Romania can assist you with drafting the request, reviewing all necessary documents, and submitting them to the court to facilitate the inheritance process in Romania and save you time and resources. Additionally, their support is essential for representation before the court and the public notary, as the procedure is complex and often lengthy.
The Romanian Law Firm Pavel Margarit and Associates offers legal services at a high professional standard in various practice areas, including those concerning the debate on the deceased’s inheritance in Romania. Our team demonstrates a complex understanding of the regulations regarding inheritance disputes in Romania, providing clear and efficient legal solutions to all clients who have sought the services of inheritance dispute lawyers in Romania.
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