Understanding property inheritance laws in Romania can be a complex process, especially for foreign nationals who may not be familiar with local legal systems. Whether you’ve inherited property in Romania or plan to pass it on to your heirs, it’s crucial to understand how Romanian inheritance law works. This guide provides a clear overview tailored to English-speaking clients navigating this process.
Understanding the Romanian Property Inheritance System
Romania follows a civil law system, which governs inheritance through a combination of statutory succession (the legal default) and testamentary succession (based on a valid will). The key legislative framework is the Romanian Civil Code, which sets out rules on heirs, shares, and property division.
Foreign nationals who inherit Romanian property are subject to the same legal framework as Romanian citizens. However, international aspects—such as the deceased’s nationality or residence—can introduce additional layers of complexity.
Key Principles of Romanian Property Inheritance Law
Forced Heirship
Romanian law protects certain heirs—such as children and spouses—through forced heirship rules, which guarantee them a portion of the estate (called the “reserved share”). This applies even if a will attempts to distribute the property differently.
Legal Heirs Hierarchy
If there is no valid will, Romanian law divides the estate among legal heirs in a strict order of priority:
- Spouse
- Children and their descendants
- Parents and siblings
- More distant relatives
The surviving spouse is always entitled to a share, which varies depending on which other heirs exist.
Can Foreign Nationals Inherit Property in Romania?
Yes. According to Romanian law, foreign nationals can legally inherit both movable and immovable property, including land and real estate. There are no nationality-based restrictions, but the process must comply with Romanian legal procedures.
EU Regulation 650/2012 (Brussels IV)
For EU citizens, the EU Succession Regulation plays a key role. It allows individuals to choose whether their national law or the law of their last habitual residence applies to their estate. If no choice is made, the law of the country where the deceased had their habitual residence will apply.
This can significantly impact inheritance in Romania, and foreign nationals are advised to formally declare their choice of law in a will.
Inheriting Property: Legal and Procedural Steps
1. Death Certificate and Heir Identification
The process begins with registering the death and obtaining official documentation. All legal heirs must be identified and confirmed through a legal process, often with the assistance of a notary.
2. Certificate of Inheritance
Issued by a Romanian notary public, this document formally recognizes the legal heirs and outlines their shares of the estate. It is mandatory for transferring ownership of property.
3. Property Inheritance Registration
Once the inheritance certificate is issued, the property must be registered in the new owner’s name with the Romanian Land Registry (Cadastru). This step is essential for legal ownership and any future sale or transfer.
Taxes and Fees on Inherited Property
In general, Romania has favorable tax treatment for inherited property. Inheritances are exempt from tax if declared within 2 years of the death. After that period, a 1% tax on the property’s value may apply.
Notarial and registration fees are also due and vary depending on the property’s value and complexity of the estate.
Practical Considerations for Foreign Heirs
- Language Barrier: Official documents and proceedings are in Romanian. Legal assistance and certified translations are often necessary.
- Power of Attorney: Foreign heirs can authorize a Romanian lawyer or notary to act on their behalf, simplifying the process.
- Bank Accounts and Utilities: If the property includes active accounts or services, additional steps are needed to update ownership or close accounts.
How We Can Help With Property Inheritance
Navigating Romanian inheritance laws can be daunting, especially from abroad. At Adrian Tapu – Law Office, we provide tailored support to help you:
- Understand your rights as a foreign heir
- Prepare legal documentation and inheritance certificates
- Register inherited property with the land registry
- Manage post-inheritance transactions and property sales
Our team works with English-speaking legal professionals and notaries to ensure a smooth, transparent process.
If you need additional information on this topic, you can contact us and we will be glad to help.