Wills & Succession · Romania
Find wills lawyers in Romania for estate planning and succession
Romanian succession law limits what a will can do, and the practical steps run through notaries, the Land Book and fixed time limits. Tell us what you are planning and we will introduce you to a lawyer who works on estates in Romania. No cost to be matched.
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The Romanian framework
Wills and succession in Romania: what shapes the outcome
Making a will in Romania means working inside a system that limits how far you can direct your estate. The Civil Code reserves a fixed share for the surviving spouse, descendants and privileged ascendants, leaving only the disposable portion for legacies. Add the one-year window for accepting or renouncing an inheritance, the notary’s role in the succession procedure and the interaction with the default matrimonial property regime, and the practical questions multiply — especially where property, a business or heirs sit in more than one country. This page explains how the framework operates so that you can approach a professional with the right questions in hand. We match you with wills lawyers in Romania who handle succession and estate matters, and the first introduction costs you nothing.
Romania in detail
How Romanian succession rules affect your will
Romania is a civil-law jurisdiction where the Civil Code, in force since 1 October 2011, sets the framework for testaments and estates. A will is only one element: the reserved share, the matrimonial property regime and the registration of immovables all constrain the result. These are the points that most often decide how an estate is actually distributed.
Forced heirship and the disposable portion
Romanian law restricts testamentary freedom through the rezerva succesorală. The surviving spouse, descendants and privileged ascendants are forced heirs under Article 1087 of the Civil Code, each entitled to half of the legal share they would have received without gifts or disinheritances (Article 1088). Only the remaining cotitatea disponibilă may be disposed of freely; liberalities exceeding it are subject to reduction at the forced heirs’ request.
The one-year succession option
Accepting or renouncing an inheritance is a formal choice, and the limitation period runs for one year from the opening of the succession. Because the decision affects both the assets received and the heir’s exposure to estate debts, it is normally examined against an inventory before it is exercised. Timing is a recurring issue in disputed estates.
The notary public and the succession procedure
A Romanian notary public (notar public), regulated by Law No 36/1995, verifies identity and capacity, checks legality and is responsible for the validity of the acts drafted. The notary is competent for the notarial succession procedure and for issuing European Certificates of Succession, which places the notarial route at the centre of most estates containing Romanian assets.
Matrimonial property is settled before the succession
The default regime is the legal community of property: assets acquired during the marriage by either spouse are presumed common, whichever spouse is named in the acquisition document (Article 339). Death dissolves the community, so a double liquidation follows — the matrimonial regime first, then the succession. A matrimonial agreement concluded before a notary may instead adopt separation of property or a conventional community.
Immovables, authentic deeds and the Land Book
Conventions transferring or constituting real rights to be entered in the Land Book must be concluded in authentic notarial form under Article 1244, on pain of absolute nullity. Registration in the cartea funciară, administered by the Land Registry offices (ANCPI/OCPI), is as a rule constitutive. Heirs and buyers therefore read Land Book extracts to establish what an estate really contains.
Tax and cross-border elements
Romania applies a flat 10% personal income tax to individuals under the Fiscal Code (Law No 227/2015). Non-residents are taxed only on Romanian-source income, subject to any double-taxation convention, and should obtain a Romanian tax registration number (NIF) from ANAF. Where land is concerned, non-EU/EEA nationals may acquire ownership only under international treaties and reciprocity, so acquisitions are often structured differently.
Key time limit — Inheritance, Probate & Wills
Succession option (accepting or renouncing an inheritance) — 1 year from the opening of the succession. The heir’s formal choice has a fixed window counted from the opening of the succession.
The country information on this page is drawn from official Romanian sources (legislatie.just.ro, ANAF), the National Association of Romanian Bars (UNBR) and the European e-Justice Portal, and reflects the legislation as published on those portals at the time of writing.
- Romanian Civil Code and related civil legislation (legislatie.just.ro)
- Law No 51/1995 on the organisation of the legal profession
- Government Emergency Ordinance No 51/2008 on public legal aid
- Law No 312/2005 on land acquisition by foreign persons
- Romanian Fiscal Code (Law No 227/2015) — ANAF
- European e-Justice Portal — National justice systems: Romania
Common concerns
What people raise before they instruct a lawyer
Most enquiries about Romanian estates start with one of three worries. Naming them early makes the first conversation with a lawyer far more productive.
The reserved share blocks the plan
You want to favour one child, a partner or a charity, but the forced heirs hold a reserved portion that a will cannot override. Knowing the size of the disposable portion before signing avoids a legacy being reduced later.
Assets and heirs sit in two countries
Property in Romania, heirs living elsewhere and a foreign will raise questions about which document is recognised and which formalities must be repeated locally. Cross-border estates need the Romanian side mapped before decisions are taken.
The one-year option is running
Accepting or renouncing an inheritance is a choice with a fixed window counted from the opening of the succession. Heirs who are unsure whether the estate carries debts need clarity quickly rather than a signature.
How matching helps
A shorter route to the right Romanian lawyer
We do not practise law and we do not decide your case. We identify lawyers whose work covers what you describe, and you choose whether to instruct them.
Succession rather than general practice
We route your enquiry to lawyers whose work includes wills, reserved shares and estate administration in Romania, so the first conversation starts at the right level of detail.
Matched on the facts you give us
Cross-border property, a business in the estate or a disputed reserved share are different problems. You describe the situation once and we look for the fit.
Coverage where the assets are
Lawyers in Bucharest, Cluj-Napoca, Timișoara, Iași, Constanța, Brașov, Craiova, Galați, Sibiu and Oradea appear in our network, alongside practitioners used to clients living abroad.
Fees discussed before you commit
Lawyers’ fees in Romania are freely negotiated between lawyer and client, with no binding official tariff. You can ask about the basis of charging before deciding whether to proceed.
Cross-border angle
Estates that reach beyond Romania
Many Romanian successions involve heirs, property or bank accounts in another European state. Matching works best when you tell us which countries are involved, so the lawyer can consider the Romanian formalities alongside the foreign side.
Questions
Frequently asked questions
Can I leave my Romanian estate to whoever I want?
Not entirely. Under the Civil Code, the surviving spouse, descendants and privileged ascendants are forced heirs and each is entitled to half of the legal share they would have received without gifts or disinheritances. Only the disposable portion can be given away freely, and excess liberalities may be reduced at the forced heirs’ request. Wills lawyers in Romania routinely plan around this limit.
How long do I have to accept or renounce an inheritance in Romania?
The succession option must be exercised within one year from the opening of the succession. Because accepting can expose an heir to estate debts, the decision is normally taken after an inventory of the assets and liabilities. A lawyer can explain what the option means for your position before the period expires.
Do I need a notary for a Romanian succession?
A Romanian notary public, regulated by Law No 36/1995, checks identity, capacity and legality and is responsible for the validity of the acts drafted. The notary is competent for the notarial succession procedure and for issuing European Certificates of Succession. Where immovables are transferred, the Civil Code requires an authentic notarial deed under Article 1244.
Why is my spouse’s share dealt with before the will?
The default matrimonial regime is the legal community of property, under which assets acquired during the marriage by either spouse are presumed common, whichever spouse is named in the acquisition document. Death dissolves the community, so the matrimonial regime is liquidated first and the succession second.
Must I be represented by a lawyer in a Romanian court?
Only lawyers registered with a Romanian Bar may practise before the Romanian courts, and all bars are united in the National Association of Romanian Bars. In civil cases parties may appear in person at first instance, but representation by a qualified lawyer is required before the courts of appeal and the High Court of Cassation and Justice.
How do wills lawyers in Romania charge, and can costs be recovered?
Fees are freely negotiated between lawyer and client, as there is no binding official tariff for lawyers’ fees. A court may order the losing party to pay the winning party’s costs, including court fees and lawyer’s fees, assessed for reasonableness. Public legal aid exists under Government Emergency Ordinance No 51/2008 for eligible applicants.
Next step
Describe the estate and we will match you with a lawyer
Tell us where the assets are, who the heirs are and what you are trying to achieve, and we will identify Romanian lawyers whose practice covers it. You decide whether to instruct anyone; the matching itself is free and carries no obligation.