You can collect inheritance in Romania either by agreement or through litigation. This depends on whether all the heirs agree on the division of their shares.
Who Can Collect Inheritance in Romania
If the deceased has drafted a last will or testament, its provisions should make the entire procedure easier. However, there are cases in which the deceased cannot dispose of their entire property. The Romanian Civil Code provisions that the surviving spouse and the descendants of the deceased should benefit from an inheritance reserve. This reserve, even if it is less than their legal inheritance quotes, still cannot be overlooked. If it was, the beneficiaries of the reserve can argue the will for their rights.
On the contrary, if the deceased has not left a last will, the inheritance will follow the quotes provisioned by law. Under Romanian law, the heirs are the surviving spouse on one side and four different classes of heirs. The four classes exclude each other, the higher class ruling out the remaining ones.
The classes of heirs are:
- The descendants;
- The parents and siblings, as well as their own descendants up to the third degree;
- The ascendants, other than the parents;
- Other relatives up to the fourth degree.
Collecting Inheritance through a Notary Public
If you are the only heir or beneficiary of the deceased’s will, you can simply collect your inheritance before a notary public.
Even if there is more than one heir of will beneficiaries, this procedure is available, given there is an agreement between them. If all heirs agree, the procedure can be started before a notary public. What is particularly relevant is that the heirs not only agree with their respective quotas but also about the way assets will be divided. For example, if the deceased has left one property, the heirs must agree on the way to divide it between them or on who keeps it and what the others receive.
In a lack of complete agreement between the heirs, the only way to divide the inheritance will be through litigation.
Collecting Inheritance in Romania through Litigation
There are many cases in which inheritance procedures cannot be started before a notary public. For instance, when heirs do not agree on the way to divide the assets.
If this is the case, either one of the heirs can take the case to court and ask for the division of the inheritance. Every heir will make their claim as to what they should receive, but the court will be the one to decide upon the exact division of the assets to inherit.
Taxes to Collect Inheritance in Romania
Notarial procedures carry no inheritance tax if the heirs or will beneficiaries choose to start the procedure less than 2 years from the deceased’s passing. After the first 2 years, there is an inheritance tax of 1% of the total inheritance. The heirs will have to pay it according to their respective quotes.
If you have to take your inheritance to court, judicial taxes will apply. They can be estimated on basis of the total value of the assets to inherit.
If you need more information about this subject, you can contact us at any time. We will be glad to answer any questions that you may have.