Notary and probate: settling the inheritance step by step

It is the notarial procedure by which heirs establish their rights over the deceased's estate. It concludes with the certificate of inheritance.

It is the notarial document that proves who the heirs are and what share each receives. Without it, the deceased's property cannot be transferred.

Romanian law gives one year from the date of death to exercise the succession option. Probate is recommended within two years; after that, a 1% state tax applies to real property.

You cannot sell or transfer inherited assets. After two years from the death, a 1% state tax is added to the value of any real property in the estate.

The death certificate, heirs' identity documents, birth and marriage certificates, title deeds, and divorce decrees where applicable.

The witnesses confirm before the notary the family composition, the number of heirs, and their standing. They must be non-family members aged at least 18.

With a complete file, usually about a week in two sessions. Missing documents or disputes between heirs make it longer.

It depends on the estate value and the notary's fee schedule. Within the two-year window, state taxes are lower; after two years, a 1% tax applies to real property.

All heirs must be present or represented by a notarial power of attorney. The notary cannot conduct probate without the agreement of all entitled parties.

It is the one-year period from the date of death during which heirs may accept or renounce the inheritance. After it expires, failure to act may be treated as renunciation.

Yes, within the one-year period, by a declaration before the notary. Renouncing means you receive neither the assets nor the debts of the estate.

Yes. Accepting the inheritance means accepting both the assets and the debts. It is therefore wise to have a full picture of the estate before accepting.

Yes. An heir who cannot attend in person can grant a notarial power of attorney to someone else to represent them at the probate hearing.

Normally a notary in the jurisdiction of the deceased's last domicile. We direct you to the competent notary for your situation.

Jurisdiction is tied to the deceased's last domicile. For a death abroad, different rules may apply; we advise based on the specific case.

The probate hearing is conducted by the notary, not by us. We help prepare the file, gather the documents, and point you to the right notary.

We tell you exactly which documents are needed, help you collect them, and direct you to the right notary, so the probate appointment is simple and quick.

It is the total of the deceased's assets and liabilities — houses, land, bank accounts, vehicles, and also loans. Heirs receive their respective shares from this total.

It depends on the value of the estate and the notary's fee schedule. The notary calculates the precise amount based on the title deeds. We give you an advance estimate.

Yes. An heir who believes they have been treated unfairly can challenge it in court. This is why a correct and complete probate file matters from the outset.

In the absence of legal or testamentary heirs, the estate passes to the state. This is also established through the probate procedure, at the notary or in court.

Yes. Probate can be opened even years after the death, but after two years from the date of death, the 1% state tax applies to the value of any real property.