What probate is
Probate — succesiunea — is the legal process by which the estate of a person who has died passes to their heirs. The estate includes both assets (property, bank accounts, vehicles) and debts.
Probate is conducted at a notary public (notar public) and concludes with the certificat de moștenitor (certificate of heirship), which confirms who the heirs are and what share each receives.
Who inherits — the four classes of heirs
Romanian law calls relatives to inherit in four classes, with the surviving spouse inheriting alongside any class:
- Class I — descendants: children, grandchildren, great-grandchildren
- Class II — privileged ascendants and collaterals: parents, brothers and sisters
- Class III — ordinary ascendants: grandparents, great-grandparents
- Class IV — ordinary collaterals: aunts, uncles, cousins
The surviving spouse's share
The surviving spouse inherits alongside any class of relatives. The share depends on who the other heirs are:
| Inheriting alongside | Spouse's share |
|---|---|
| Descendants (children) | 1/4 |
| Parents and siblings | 1/3 |
| Parents only, or siblings only | 1/2 |
| Grandparents, or aunts/uncles/cousins | 3/4 |
Accepting or renouncing the inheritance
Each heir may accept or renounce the inheritance. Accepting means receiving both the assets and the debts; renouncing means you receive nothing but are also not liable for debts.
The decision must be made within the option period. Renunciation is made by a declaration at a notary and is, as a rule, final.
The one-year option period
The law provides a one-year period from the date of death — the termenul de opțiune succesorală (succession option period) — during which heirs may accept or renounce.
Failing to exercise the option within this period may be treated as renunciation. Do not leave the decision until close to the one-year mark.
Inheritance information — National Union of Romanian NotariesThe notary probate hearing
Probate is conducted at a notary whose jurisdiction covers the last domicile of the deceased. With a complete file, probate can be finalised in a week — usually in two appointments.
We help you prepare the file; the notary conducts the hearing. See also our notary and probate service.
Documents needed
For the probate hearing, the notary requires:
- Death certificate of the deceased
- Identity documents of the heirs
- Birth and marriage certificates of the heirs
- Title deeds for assets in the estate
- Two witnesses from outside the family, at least 18 years old
Cost and why not to delay
The cost depends on the estate's value and the notary's fee. Probate within the two-year window is cheaper; after two years from death, a 1% state levy is added on the value of real property in the estate.
Delaying probate also blocks the sale or transfer of assets and can complicate relations between heirs.
The reserved share (rezerva succesorală)
Certain heirs — the surviving spouse, descendants, and parents — are reserved heirs (moștenitori rezervatari). They are entitled by law to a minimum share called the rezervă, even against the wishes expressed in a will.
A person may freely dispose of only part of their estate by will; the reserved share is always guaranteed to the reserved heirs.
Common mistakes
Several mistakes make probate harder or more expensive:
- Delaying beyond two years, which triggers the 1% real-property levy
- Missing the one-year option period
- Accepting the estate without knowing all the debts
- An heir missing from the hearing without a notarised power of attorney
- Incomplete or out-of-date title deeds
How we help
We tell you exactly what documents are needed, help you gather them, and refer you to the competent notary — so the probate step is straightforward and quick.
We are available day and night. Call us or see our administrative services for a no-obligation conversation.