Real Estate Inheritance Guide in Romania: Complete Procedure

Published on April 30, 2026 and written by Cyril Jarnias

In the dynamic context of the European real estate market, real estate succession in Romania presents its own complexities and specificities that deserve in-depth exploration. The issues related to property transfer are often influenced by legal and tax elements unique to the country, which can turn the procedure into a real challenge for unsuspecting heirs.

Knowing the essential steps, from administrative procedures to property valuation, including the role of notaries, is crucial to avoid potential pitfalls. This article aims to demystify the complete procedure of real estate succession in Romania, thus offering valuable insight to those who wish to successfully navigate this delicate and often complex process.

Understanding Real Estate Succession in Romania

Real estate succession in Romania is primarily governed by the Romanian Civil Code, which distinguishes between legal succession (ab intestat) and testamentary succession. Certain specific restrictions apply to the acquisition of real estate, particularly for foreigners, in accordance with the Constitution and international treaties: a foreigner can inherit land only through legal succession, but not by will.

Role of the Notary in Romania

The public notary plays a central role in the succession process. They are responsible for opening the inheritance procedure at the request of potential heirs (surviving spouse, descendants, ascendants, or collateral relatives) or persons designated by will. The notary:

• Identifies all legal and testamentary heirs
• Notifies the opening of the procedure to the concerned parties
• Evaluates and inventories the estate
• Oversees a fair distribution among the entitled parties

In case of a dispute or contestation of the will, the assistance of a specialized lawyer may be necessary.

Types of Heirs According to the Romanian Civil Code

Order of Heirs	Description
Descendants	Children (including adopted), grandchildren
Privileged Ascendants	Parents of the deceased
Privileged Collaterals	Siblings and their descendants
Other Ascendants	Grandparents
Ordinary Collaterals	Uncles/aunts/cousins

The law provides that the closer the relative is to the deceased, the greater their entitlement to inherit. If several categories are present, those of a higher degree generally exclude the others.

Distribution of Assets

• In case of legal succession: Assets are divided among the heirs according to their order and respective share.
  • Simplified example: if only one child survives the deceased spouse with no other close relatives living:
    • The child receives the entirety.
  • If multiple children:
    • Equal distribution among them.
  • Surviving spouse shares with children/parents according to proportions set by the civil code.
• In case of a will: The testator can freely arrange their dispositions within the limits provided by law (e.g., protected hereditary reserve for certain close relatives).

Comparative List:

1. Legal Succession
   • Automatic if no valid will exists
   • Strict adherence to orders/priorities provided in the Civil Code
2. Testamentary Succession
   • According to the will expressed in a written document meeting formal requirements
   • Limited freedom: certain reserved heirs cannot be completely disinherited

Tax Implications

Inheritance rights may give rise to the payment of a tax on real estate inheritance:

• Taxation varies depending on the family relationship with the deceased and sometimes on the value/effective transfer of assets.
• Certain allowances exist for direct members (children/spouses).

Tax Situation	Detail
Direct Heir	Frequent exemption/allowance
Distant/Other Heir	Possible progressive tax

Note: There is a legal deadline to accept/renounce a succession: generally one year after opening.

Practical Examples

Example 1
A Romanian citizen dies leaving a house in Bucharest without leaving a will. They leave two adult children as the only known heirs:
— The two children go to a public notary who officially opens the procedure; they provide civil documents proving their filiation; after documentary verification/notarial inventory of the real estate property in question — each child receives an undivided half.

Example 2
A person drafts a will bequeathing their apartment exclusively to their only daughter despite the existence of a living brother. Provided that this bequest respects the minimum hereditary reserve provided by Romanian law:
— The daughter may receive all or a legally determined portion via notarial intervention validating this specific transfer in accordance with the authenticated content of the will.

Important
Failure to comply with formal procedures before a notary results in partial/total nullity or significant delays in post-succession real estate transfers.

Key Takeaway: Notarial transparency guarantees legal security both for planned family transfers and for effective protection against future succession conflicts.

Procedure to Follow to Inherit Property in Romania

Preparation of Necessary Documents

List of supporting documents to gather:

Document	Description
Death Certificate	Issued by Romanian authorities or translated and legalized if from abroad
Birth Certificate and Civil Status Record	For all heirs to establish filiation
Title(s) of Ownership	Proof concerning the real estate properties in question
Certificate of Inheritance	Issued by the notary after opening the succession
Will (if applicable)	Original of the will, if one exists
Identity Document	Passport or national ID card for each heir

Declaration of the Succession

• The request must be filed with a territorially competent public notary.
• The declaration must include:
  • Identity of the deceased, date and place of death
  • Detailed list of assets to be transferred
  • Complete identification of presumptive heirs (name, address)
• Deadlines: in principle, the option to accept or renounce the succession must be exercised within a maximum period of one year from the date of death.

Intervention of a Notary

• The notary verifies the existence of the will and identifies all entitled parties according to the law.
• They proceed with the inventory, evaluate the estate, and summon all heirs.
• Fees are proportional to the declared value: generally between 0.5% and 2% with a legal minimum set. These fees include the inheritance certificate.
• Choose a notary close to the last known domicile of the deceased; it is possible to consult several notarial offices to compare fees.

Partition Process

1. Meeting before the notary with all entitled parties
2. Presentation and validation of titles for each property
3. Discussion regarding amicable partition:
   • If agreement: drafting of an authentic deed recording the distribution
   • In case of disagreement: recourse to the competent Romanian court to settle the dispute

Note: Partition can only take place after full payment of any estate debts.

Payment of Taxes and Duties

• Notarial tax on the inheritance deed (% based on value)
• Fiscal duties on real estate transfer: rate generally between 1% and 3%, sometimes partial exemption if direct family link (spouse/descendant).
• Certain transfers may benefit from specific exemptions under conditions.

Registration of Property Transfer

Main steps:

1. Filing by the notary with the local cadastral office (“Carte Funciară”)
2. Payment of fixed administrative fees (~100–200 EUR depending on the file)
3. Final registration in the Romanian land registry in the name(s) of the new owners

Without this final formality, no official transfer is legally recognized.

Special Considerations for Non-Residents

Additional list for heirs residing outside Romania:

• Certified translation of required foreign documents
• Apostille or consular legalization
• Possible designation of a local representative via authentic power of attorney
• Tax verification in the resident country regarding potential double taxation

In complex cases (property held in international co-ownership), it is highly recommended to use the combined services of specialized cross-border lawyers and notaries.

Estimated Time to Finalize the Procedure

Indicative table:

Step	Estimated Duration
Gather documents	2–4 weeks
Notarial procedure	1–3 months
Payment of taxes/registration	+4 weeks

Average total without dispute: two to six months
With legal proceedings: procedure often extended >12 months

Practical Tips

• Anticipate any documentary difficulties before the official opening
• Quickly seek a lawyer specialized in international inheritance law if the situation is complex or a dispute is anticipated
• Make early contact with a recommended local notarial office
• Arrange for prompt legal translation if foreign documents are involved
• Negotiate amicably among co-heirs as much as possible to avoid lengthy/costly contentious procedures

Inheritance Rights for Foreigners in Romania

In Romania, the succession of assets, including real estate, held by foreigners is primarily governed by the Romanian Civil Code as well as by European Regulation No. 650/2012. The following rules apply:

• Applicable Law
  By default, the law of the state where the deceased had their habitual residence at the time of death applies to the succession. However, any person may choose in their will that the law of their nationality be applied to their succession, regardless of their place of residence or the location of the assets. This choice must be clearly expressed in a will.
• Differences Between Residents and Non-Residents
  Romanian law does not make a major distinction between residents and non-residents for opening a succession concerning real estate located on Romanian territory. The determining factor remains the location of the property and any testamentary dispositions.
• Taxation Applicable to Foreigners
  Romanian fiscal law taxes all assets located on national territory without distinction related to the nationality or residence status of the deceased or the heirs. No specific tax or additional fee is provided for foreign heirs in a real estate succession in Romania.

Administrative Steps for a Foreigner Inheriting Real Estate in Romania:

1. Contact a Romanian public notary (mandatory competence).
2. Provide proof of death (death certificate) and any civil status documents proving heir status.
3. Present any existing will.
4. Possibly obtain a European Certificate of Succession if multiple countries are involved (to simplify cross-border procedures).
5. Have all official documents written in a foreign language translated by a certified translator.
6. Possibly mandate a local lawyer or grant power of attorney to a legal representative if physical presence is impossible.

Required Documents	Details
Death Certificate	Original + certified translation
Identity Documents	Passport/national ID card + translation
Family Record Book/Sheets	If necessary to prove filiation
Will	If one exists
European Certificate of Succession	To facilitate cross-border recognition

Deadlines and Restrictions

• The procedure can last several months depending on the complexity of the estate and family situation.
• The notary must verify that no significant debts encumber the estate before final attribution to the heirs.

International Bilateral Agreements

Romania directly applies EU Regulation No. 650/2012, which significantly simplifies cross-border successions between EU member states thanks to the European Certificate of Succession, allowing foreign heirs to assert their rights more easily in any concerned territory. There may also be certain specific bilateral agreements with non-EU countries, but their application remains marginal compared to the current community framework.

⚠️ No restrictive criteria related to nationality or residence status legally condition access to a real estate succession in Romania as long as all formalities are respected.

• Applicable law: last habitual residence / possibility to choose national law
• Mandatory notarial procedure
• Certified translations required
• No specific additional tax for foreigners
• Variable duration depending on the file

Role of the Notary in an International Succession

The notary plays a central role in managing a cross-border real estate succession in Romania. They act as a guarantor of respect for inheritance rights, ensure the regularity of procedures, and oversee the correct application of the Romanian legal framework for international successions.

Applicable Legal Framework in Romania for International Successions:

• The public notary is governed by the Law on Public Notaries and Notarial Activity, which grants them the status of a public authority and requires them to verify that all deeds contain no clause contrary to the law or public morals.
• Notarial deeds can also be executed by Romanian diplomatic missions or consular offices under certain conditions.
• In international matters, Regulation (EU) No. 650/2012 generally applies to determine jurisdiction and applicable law when the deceased had their habitual residence in a European Union country.

Main Responsibilities of the Notary in an International Succession:

1. Identification of Heirs
   • The notary verifies the identity of all potential heirs, including those residing abroad.
   • They gather all necessary supporting documents (civil status records, death certificates, proof of kinship).
2. Verification of the Foreign Will
   • If the deceased left a will drafted abroad, the notary assesses its validity under Romanian private international law as well as applicable international conventions.
   • They specifically check whether the will complies with both the formal requirements of the foreign legislation and those recognized in Romania.
3. Tax Management and Legal Obligations
   • The notary calculates the inheritance tax due on real estate located in Romania in accordance with the local tax code.
   • They proceed with the cadastral registration after issuing the inheritance certificate to ensure the effective transfer of property titles.
   • In the case of a vacant inheritance (no heir), they are obliged to inform the competent administrative authority for potential takeover.
4. Cross-Border Coordination
   • When multiple jurisdictions are involved (e.g., real estate in Romania and heirs residing outside the EU), the notary may collaborate with their foreign counterparts to:
     • Obtain or transmit authentic documents
     • Ensure mutual recognition of inheritance deeds
     • Harmonize partition or liquidation according to each national law

Concrete Examples:

Situation	Specific Notarial Intervention
Real estate located in Bucharest – heir residing in France	Verification of European Certificate of Succession; application of Romanian law priority for locally situated property
Holographic will drafted in the United States	Analysis of formal/substantive compliance; request for certified translation; possible coordination with US consulate/lawyer

Inter-Notarial Collaborations:

– Direct exchanges between notarial offices allow for better overall identification of the estate and accelerate administrative processing (transmission of cadastral extracts, bank statements).
– In certain complex cases involving multiple non-EU third countries, recourse to comparative legal expertise is possible to avoid normative conflicts or double taxation.

Key Takeaway:
The fundamental role of the notary is therefore not only technical but also diplomatic: they secure each step while reconciling divergent national interests to guarantee equity among all entitled parties involved.

Summary list of key tasks:
– Verify identity & inheritance entitlement
– Check validity/will & legal compliance
– Calculate locally due taxes/duties
– Issue officially recognized international inheritance certificate
– Organize transfer of real estate titles with cadastre/local tax authorities

Strict oversight thus ensures optimal legal security during cross-border asset transfers involving Romania.