Inheritance Law in Romania: Legacy and Will

Published on May 3, 2026 and written by Cyril Jarnias

Romania, with its rich legal history, is attracting growing interest in inheritance law, a field intrinsically linked to family heritage, the transfer of assets, and the preservation of traditions.

The complex world of inheritance and wills in Romania will undoubtedly shed fascinating light on the interactions between legal provisions and heirs’ rights.

Navigating these specific rules is essential for anyone wishing to understand how the stakes of a family estate play out in this Eastern European country.

Inheritance Law in Romania: The Fundamentals

Basic Principles of Inheritance Law in Romania

Romanian inheritance law is based on two main types of succession:

• Legal succession (intestate), when the deceased did not leave a will.
• Testamentary succession, when the deceased organized the distribution of their assets through a will.

Types of Succession

Main Beneficiaries Under Romanian Law

The law distinguishes several orders of heirs:

Hierarchy and Succession Shares

• The heir of the higher degree excludes those of the lower degree.
• Considered reserved heirs are: the surviving spouse, descendants, and privileged ascendants.
• Forced heirship reserve: each reserved heir is entitled to half of the share they would have received in the absence of a will.
• The available portion is the share the deceased can freely dispose of by will.

Simplified Table of Succession Shares (excluding testamentary provisions):

If only descendants exist, they share the estate equally. The presence of the spouse modifies the distribution depending on the number and nature of the other heirs.

Legal Procedure for Opening and Distributing the Estate

• Filing the application with a territorially competent public notary.
• Preparation of documents:
  • Death certificate
  • Civil status and birth records of the heirs
  • Property titles for the assets
  • Certificate of inheritance (issued by the notary after verification)
  • Original will (if any)
  • Identification documents of the heirs
• Succession declaration: includes the identity of the deceased, the list of assets to be transferred, and the identification of presumptive heirs.
• Deadlines: the option to accept or renounce the inheritance must be exercised within one year from the date of death.
• Inventory and valuation: the notary conducts an inventory and valuation of the assets.
• Distribution: the notary supervises the distribution of assets among the entitled parties, according to the law or the will.

Role of the Notary

• Identification of legal and testamentary heirs.
• Notification of the opening of the succession to the concerned parties.
• Valuation and inventory of the estate.
• Supervision of the distribution.
• Issuance of the certificate of inheritance.
• In case of dispute or contestation, possible intervention by a court or specialized lawyer.

Key Takeaways

• Succession in Romania is strictly regulated by the Civil Code.
• Notarial procedure is mandatory for the opening and distribution of estate assets.
• Compliance with deadlines and formalities is essential to assert the rights of heirs.

Important:
Failure to meet the one-year deadline to exercise the inheritance option may result in the loss of the right to the succession.

Good to know:

In Romania, legal heirs include the children, the surviving spouse, and the parents of the deceased, each having defined succession shares by law, and successions are generally opened before a notary who ensures compliance with deadlines and legal formalities.

International Will in Romania: Steps and Advice

Romania primarily adheres to Regulation (EU) No. 650/2012, which governs international successions within the European Union. This regulation facilitates the recognition and enforcement of wills in cross-border situations through the introduction of the European Certificate of Succession. Furthermore, if other international conventions are applicable, particularly through bilateral agreements, these take precedence over Romanian domestic law for the relevant part.

Detailed Steps for Creating an International Will in Romania:

1. Choice of will form:
   • Holographic will: written, dated, and signed by the testator’s own hand.
   • Authentic will: dictated before a notary who drafts and validates it.
   • It is impossible to create a joint will or a succession pact (these forms are prohibited by Romanian law).
2. Mandatory recourse to a public notary for any authentic act:
   • The notary verifies that the content complies with Romanian and European laws.
   • The notary keeps an official copy.
3. Certified translation required if the will is drafted in a foreign language.
4. Explicit designation of beneficiaries, precise description of bequeathed assets, and any desired specific clauses.
5. Possibility of obtaining a European Certificate of Succession from the notary in case of a succession involving multiple EU member states.
6. Possible registration with national notarial authorities, which promotes legal certainty and subsequent access by legitimate heirs.

Main Differences from a National Will:

Practical Advice for Foreigners Residing in Romania Wishing to Draft an Internationally Recognized Will:

• Always consult a local public notary or a lawyer specialized in private international law before any drafting.
• Prefer using the standard form established by the Washington Convention on the International Will if you wish to guarantee maximum recognition outside the EU.
• Ensure you clearly indicate your last habitual residence as well as your wishes regarding the applicable law (national law or local law).
• Have all important documents translated by a sworn translator to avoid any obstacles when used in other jurisdictions.
• If you hold assets located in several countries, mention this situation when establishing the document so it can be adapted according to multiple requirements.

Specific Legal Considerations of Romanian Law That May Influence Validity/Execution:

• The Civil Code prohibits certain succession forms such as joint wills/succession pacts.
• Strict compliance with formalities is required under penalty of partial or total nullity.
• Recourse to the European Certificate of Succession significantly simplifies cross-border procedures but does not always replace all specific local obligations.
• The forced heirship reserve must be respected even in the presence of a universal legacy: certain so-called reserved heirs always have a legal right to a minimum share.

⚠️ Notarial intervention is not only mandatory but also essential to guarantee both formal and material compliance with the complex legal framework applicable to international wills drafted from/to Romania.

Key Takeaway: To ensure full international validity, systematically prioritize: prior notarial consultation – clear drafting – certified translation – official deposit – express mention of applicable law – possible obtaining of the European Certificate of Succession according to your multinational asset needs.

Good to know:

To draft an international will in Romania, it is advisable to go through a notary familiar with the international conventions to which Romania adheres, such as the Washington Convention; these steps differ from a national will and often require consultation with a specialized lawyer to guarantee its recognition abroad. Foreigners must also consider the particularities of Romanian law, especially the forced heirship rules, which can affect the validity of the will.

Inheritance for Expats: Understanding the Rules

Specific Rules for Inheritance for Expats Living in Romania

• The applicable succession law, by default, is that of the state of the deceased’s last habitual residence (EU Regulation No. 650/2012).
• It is possible to choose, by express will, the law of one’s nationality for the entire succession, regardless of the place of residence or location of assets.
• The succession procedure in Romania requires the mandatory intervention of a Romanian public notary.
• Documents in a foreign language must be accompanied by certified translations.
• Romania applies the European Certificate of Succession to facilitate the recognition of heirs’ rights within the EU.

Differences Between National and Non-Resident Inheritance Rules

• There is no major distinction in treatment between residents and non-residents regarding the opening of succession for an asset located in Romania.
• Romanian taxation applies to all assets located on the national territory, without criteria of nationality or residence of the deceased or the heirs.
• No specific additional tax or duty is applied to foreign heirs.

Comparative Table: Residents vs. Non-Residents

Treatment of Foreign Wills

• Foreign wills are recognized in Romania provided they comply with the legal forms of the country where they were drafted or the testator’s national law.
• They must be translated and legalized to be accepted by the Romanian notary.
• In the presence of a will, the law chosen by the testator (law of nationality or residence) takes precedence, provided this choice was clearly expressed.

Examples of Common Cases for Expats

• A French expat dies in Romania leaving an apartment in Bucharest. If no will was drafted, Romanian law applies by default, potentially disadvantaging the surviving spouse (little protection, no recognized gift between spouses).
• A British expat (outside the scope of the EU Regulation) residing in Romania and owning assets in several countries will need to resort to parallel procedures, unless they drafted a will choosing the applicable law.
• Heirs living abroad face the need to have required documents translated, legalized, and submitted remotely, often requiring a local representative or power of attorney.

Legal Challenges Encountered

• Extended delays related to the translation and legalization of foreign documents.
• Difficulties in coordinating between multiple jurisdictions for successions involving assets in different countries.
• Risks of conflicts of laws, especially if the deceased did not clearly express their choice of applicable law in a will.
• Limited protection of the surviving spouse under Romanian law, absence of certain gifts or donations between spouses recognized in other systems.

Practical Advice and Solutions for Estate Planning

• Draft an express will clearly choosing the law of nationality if it offers better protection for the family or heirs.
• Engage a competent Romanian notary and, if necessary, a lawyer specialized in private international law.
• Prepare all necessary documents in advance (civil status records, wills, marriage certificates, etc.) and have them translated/certified.
• Use the European Certificate of Succession to simplify the recognition of succession rights within the EU.
• Check any potential bilateral conventions if heirs or assets are located outside the European Union.
• Inform heirs of the procedure to follow, especially in case of prolonged absence or residence abroad.

Key Takeaways:

Estate planning for expats in Romania requires anticipation, drafting a suitable will, and guidance from local professionals. The absence of a major distinction between residents and non-residents simplifies access to succession, but the complexity of international cases demands increased documentary and procedural rigor.

Good to know:

Expats in Romania should know that, unlike residents, their inheritance is often subject to international treaties and the laws of their home country; it is therefore advisable to consult a lawyer to harmonize their foreign will with Romanian legislation. Romania generally recognizes validated foreign wills, provided they do not contravene Romanian public policy rules.

Cyril Jarnias

Cyril Jarnias is an independent expert in international wealth management with over 20 years of experience. As an expatriate himself, he is dedicated to helping individuals and business leaders build, protect, and pass on their wealth with complete peace of mind.

On his website, cyriljarnias.com, he shares his expertise on international real estate, offshore company formation, and expatriation.

Thanks to his expertise, he offers sound advice to optimize his clients' wealth management. Cyril Jarnias is also recognized for his appearances in many prestigious media outlets such as BFM Business, les Français de l’étranger, Le Figaro, Les Echos, and Mieux vivre votre argent, where he shares his knowledge and know-how in wealth management.

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