International Successions in Romania: Conflict of Laws

Published on May 3, 2026 and written by Cyril Jarnias

The growing complexity of family and economic relationships that transcend borders requires a thorough understanding of International Inheritance Law in Romania. This field is not limited to simple questions of dividing an estate among relatives but also includes conflicts of laws that can arise when assets or beneficiaries are located in multiple jurisdictions.

In Romania, a country where family ties are often spread across several nations, managing inheritances presents unique challenges. The stakes are even more complex due to the interaction between Romanian law and European regulations, notably the European Union Succession Regulation.

This article highlights the various legislative tools and legal mechanisms used to navigate this legal labyrinth, offering valuable insight for practitioners and individuals involved in international inheritance matters.

Understanding the Principle of Conflict of Laws in International Successions

A conflict of laws in the context of international successions arises when multiple legal systems could apply to settling the estate of the same person, due to the diversity of the deceased’s connections (nationality, last residence, location of assets, etc.). This conflict involves determining which national law will govern the devolution of the estate, the identification of heirs, the share due to each, and the terms of distribution.

Different jurisdictions may have competence based on:

• The nationality of the deceased: some legal systems favor the national law of the deceased to govern the succession.
• The habitual residence of the deceased: this is the central criterion currently used in European law to determine the law applicable to succession, particularly since the entry into force of Regulation (EU) No. 650/2012.
• The location of the assets: for real estate, some states apply the law of the place where the property is situated (lex rei sitae).

Connecting Factor	Description
Nationality	Law of the country of which the deceased was a citizen
Habitual Residence	Law of the country where the deceased primarily lived
Location of Assets	Law of the country where the assets are located, often for real estate

In Romania, the rules of private international law generally designate the law of the last habitual residence of the deceased as applicable to the succession. However, the deceased may, through a professio juris, choose to apply the law of their nationality to their entire estate. This option to choose is only possible within the limits set by Regulation (EU) No. 650/2012.

List of main applicable rules in Romania:

• Direct application of Regulation (EU) No. 650/2012 for successions opened after August 17, 2015.
• The Romanian notary is competent to open and manage the succession if the deceased had their last habitual residence in Romania or if assets are located there.
• If foreign law is designated by the Romanian conflict-of-law rule, Romanian authorities may apply it ex officio, but the parties may also request its application.

Regulation (EU) No. 650/2012 (Succession Regulation) has profoundly changed the management of international successions involving Romania:

• It establishes the habitual residence of the deceased as the primary connecting factor.
• It allows for professio juris, enabling the deceased to choose the law of their nationality.
• It introduces the European Certificate of Succession to facilitate the recognition of heirs’ rights in all EU member states, except Denmark and Ireland.

Examples illustrating conflict-of-law situations in Romania:

• A French national, residing in Romania, dies leaving assets in France and Romania: Romanian law will generally apply to the entire estate, unless a professio juris in favor of French law is made.
• A Romanian citizen living in Germany dies owning an apartment in Bucharest: German law will be applicable, unless Romanian law is chosen through professio juris.

Possible Solutions for Resolving These Conflicts

• Professio Juris Clause: the testator can designate the national law applicable to their succession, which helps avoid uncertainty related to the multiplicity of connecting factors.
• Bilateral Agreements: in some cases, conventions between Romania and other states facilitate the recognition of decisions and the application of laws.
• European Certificate of Succession: simplifies the recognition of inheritance rights in all EU countries.
• Recourse to a Notary: in Romania, the notary plays an essential role in verifying the applicable law, the regularity of documents, and coordination with foreign authorities.

List of typical administrative steps for an international succession involving Romania:

• Contact a Romanian public notary.
• Present the death certificate, identity documents, any existing will, and, if necessary, a European Certificate of Succession.
• Have official documents translated.
• Appoint a local lawyer or legal representative if travel is not possible.

Key Takeaways

Conflicts of laws in international inheritance matters are frequent and complex. In Romania, the application of Regulation (EU) No. 650/2012 provides increased legal certainty through clear criteria and the possibility of choosing the applicable law, while still allowing flexibility for specific situations via professio juris and international notarial cooperation.

Romanian Legal Framework and International Coordination

Romanian Legal Framework

Inheritance law in Romania is primarily governed by the Romanian Civil Code, which distinguishes between two main modes of transmission: legal succession (ab intestat) and testamentary succession. Three forms of wills are recognized: holographic (handwritten, dated, and signed), notarial (drawn up before a notary), and secret (written and deposited sealed with a notary). Even in the presence of a will, the Civil Code protects a reserved portion for close heirs: children receive at least half of their legal share, the surviving spouse one quarter, and parents one quarter if there are no children. These rights are mandatory and take precedence over the testator’s wishes.

Type of Succession	Description
Legal (ab intestat)	Distribution according to family order set by law
Testamentary	Wishes of the deceased within legal limits

Recent Changes: The integration of European Regulation No. 650/2012 has reinforced the importance of the habitual residence criterion for determining the law applicable to international successions.

Regulatory Bodies

The succession process is primarily overseen by:

• The public notary, who officially opens the procedure upon request from the heirs or designated persons.
• Identification of heirs.
• Notification of parties.
• Valuation & inventory of assets.
• Fair supervision of the division.

In case of a dispute or challenge to a will, judicial intervention becomes necessary, with possible recourse to:

• Specialized civil courts
• Lawyers specializing in inheritance law

Main Procedure:

1. Filing a request with the territorially competent notary
2. Gathering & verifying supporting documents:
   • Death certificate
   • Birth/civil status records
   • Property titles
   • Certificate of inheritance issued by the notary

International Coordination

Romania fully applies EU Regulation No. 650/2012 concerning cross-border successions:

• The applicable law is that of the country where the deceased had their habitual residence at the time of death, unless they expressly chose the law of their nationality in their will.

Romania collaborates with other states through:

• Bilateral/multilateral European agreements
• Mutual recognition of European Certificates of Succession

Foreigners can legally inherit in Romania, but certain restrictions persist regarding the direct acquisition of land through a will.

Case Law and Examples

Recent examples illustrate practical management:

1. A French national who died in Romania has their succession governed by Romanian law if no contrary provision is made in their will; their French children automatically benefit from a reserved share even if a third party was designated as the universal legatee.
2. In the case of a disputed real estate inheritance involving multiple European nationalities, courts rely on the European Certificate of Succession issued under Regulation 650/2012 to quickly establish lineage and inheritance rights while respecting local public order.

Table of Heir Orders According to the Civil Code:

Order	Primary Heir
1st	Direct descendants (children/grandchildren)
2nd	Privileged ascendants (parents)
3rd	Privileged collaterals (siblings)

Challenges and Perspectives

Main challenges encountered:

• Administrative complexity related to recognizing foreign documents & official translation
• Litigation risks due to divergences between applicable national laws depending on residential/nationality choices
• Persistent restrictions on acquiring real estate through a will for non-nationals

Evolving perspectives include:

Gradual European harmonization, facilitation of certified exchanges through the European Certificate of Succession; procedural modernization envisioned with the digitalization of documents & better interoperability of cross-border public registers; future adaptation expected in response to increased international family mobility.

Summary list of major challenges:

• Divergences between national laws
• Complex multi-jurisdictional management
• Long administrative delays

List of key perspectives:

• Strengthening European notarial cooperation
• Modernization of electronic procedures
• Clarification of foreign legal statuses

Complex Cases of Expats and Possible Solutions

Successions involving expatriates in Romania pose specific legal and practical challenges, particularly due to the diversity of legal systems, dual residence, and the international movement of people and assets.

Typical Problems Faced by Expats:

• Dual Residence: Determining the “habitual residence” of the deceased is central. This concept is assessed based on various criteria (duration and regularity of stay, reasons, social and family life). This evaluation can lead to conflicts of laws if the person had strong ties to multiple countries.
• Recognition of Foreign Testamentary Wishes: Regulation (EU) No. 650/2012 allows any person to choose, by will, that the law of their nationality applies to their succession, even if they resided in Romania. This choice must be formally expressed and raises questions of recognition, especially if the will was drafted abroad or in a foreign form.
• Legislative Differences: Rules on the devolution of the estate, forced heirship, or taxation can vary significantly between the country of origin and Romania, leading to risks of inequality among heirs or double taxation.

Comparative Table: Main Points of Friction

Problem Encountered	Treatment under Romanian Law	Risk or Difficulty
Dual Residence	Application of the law of the last habitual residence, unless express choice of national law	Uncertainty about the applicable law
Foreign Will	Recognized if it complies with the chosen law or local form	Difficulties with translation and certification
Differences in Inheritance Rights	Single law for the entire estate (principle of unity)	Risk of excluding certain heirs
Taxation and Double Taxation	Taxation of assets located in Romania, without a specific tax treaty	Possible double taxation

Resolving Conflicts of Jurisdiction and Law

• Jurisdiction and Applicable Law: Under Regulation (EU) No. 650/2012, jurisdiction generally lies with the authorities of the country of the deceased’s last habitual residence, but choosing the national law by will is possible.
• Recognition of Foreign Documents: Notarial deeds and wills established abroad are generally recognized, subject to their regularity and certified translation. Procedures are facilitated by the use of the European Certificate of Succession.
• Absence of Tax Treaty: For example, between France and Romania, the lack of a bilateral agreement on succession can lead to double taxation, as each country taxes assets located on its territory.

Solutions and Resolution Mechanisms

• Legislative Harmonization: The application of Regulation (EU) No. 650/2012 already provides a degree of harmonization for cross-border successions within the EU.
• International Conventions: Some bilateral agreements exist but are marginal compared to the European framework. Their development would help avoid double taxation and improve legal certainty.
• Cross-Border Mediation: Mediation or arbitration can be used to settle disputes between heirs of different nationalities, particularly to find common ground on the distribution of assets or the recognition of the deceased’s wishes.

Importance of Specialized Legal Advice

Expatriates face increased complexity related to language, administrative procedures (certification, legalization, translation of documents), taxation, and the diversity of legislation.

Recourse to a local notary, lawyers specializing in private international law, and sworn translators is highly recommended to ensure the validity of documents and the protection of inheritance rights.

Available Resources for Expats in Romania

• Romanian public notaries, competent for international successions.
• Diplomatic and consular missions that can draw up certain notarial deeds.
• International legal assistance services and information platforms dedicated to cross-border successions.

Key Takeaway
Recourse to qualified legal counsel and compliant documentation (translations, certifications, properly executed wills) is essential to avoid pitfalls related to international successions in Romania, particularly in complex expatriation cases.