Estate Planning · Romania
Find an estate planning lawyer in Romania
Romanian succession law reserves a fixed share of your estate for your spouse, children and certain ascendants, so a will only works when it is built around those limits. Tell us what you own and where your family lives, and we match you with a lawyer who plans Romanian estates every day.
- Wills, reserved shares and notarial succession steps
- Romanian property, Land Book and cross-border coordination
- Free, confidential matching with a first response in 24–48h
No obligation · Your details stay private · You choose the lawyer
Get matched with a lawyer
Tell us about your situation and receive a free, confidential case review.
Estate planning in Romania
How Romanian estate planning actually works
Estate planning in Romania sits at the meeting point of the Civil Code, the notarial profession and the Land Book, and the decisions you take now shape what your family receives later. Whether you own an apartment in Bucharest, farmland near Cluj-Napoca or a share of a family house, the rules on forced heirship, matrimonial property and authentic deeds determine how much freedom you genuinely have. An estate planning lawyer in Romania reads your situation against those rules, explains what a will can and cannot achieve, and coordinates the notarial steps with registration and tax formalities. This page sets out how the framework operates in practice, which periods matter, and how our free matching service puts you in touch with a lawyer who handles estates for clients like you.
Romania in detail
The Romanian rules that shape your estate plan
Romanian succession is codified in the Civil Code (Law No 287/2009, in force since 1 October 2011), and courts apply the written code rather than binding precedent. These are the practical features a lawyer will examine before drafting anything for you.
Forced heirship limits testamentary freedom
The surviving spouse, the descendants and the privileged ascendants are forced heirs under Article 1087 of the Civil Code. Each is entitled by law, even against the will of the deceased, to a reserved share equal to half of the legal share they would have received without gifts or disinheritances (Article 1088). Only the remaining disposable portion can be given away freely, and excess liberalities are subject to reduction.
The notary is central to Romanian estate work
Under Article 1244 of the Civil Code, conventions transferring or constituting real rights that are to be entered in the Land Book must take authentic notarial form, on pain of absolute nullity. The notary, whose activity is governed by Law No 36/1995, checks identity, capacity and legality, handles the notarial succession procedure and can issue the European Certificate of Succession.
Marriage changes the estate before succession starts
The default matrimonial property regime in Romania is the legal community of property: assets acquired during the marriage by either spouse are presumed common, whoever is named in the acquisition document (Article 339). Spouses may instead choose separation of property or a conventional community by matrimonial agreement before a notary. Death dissolves the community, so a double liquidation is needed.
Land Book registration and foreign ownership
Romania publicises immovables through the Land Book (cartea funciară), run by the Land Registry offices, which records real rights and charges (Article 876). Registration of a transfer is as a rule constitutive, so the authentic deed is a precondition for it. Non-EU/EEA citizens may acquire land only under treaties and reciprocity, while buildings may be owned without nationality restriction.
The one-year window to accept or renounce
The succession option — accepting or renouncing an inheritance — must be exercised within one year from the opening of the succession. That single year often sets the rhythm of an estate plan, because it runs alongside the general three-year limitation period for debt and contractual claims and the ten-year period for actions concerning real property rights.
Tax and cost factors to plan around
Romania applies a flat 10% personal income tax to individuals under the Fiscal Code (Law No 227/2015); non-residents are taxed on Romanian-source income only, subject to double-taxation conventions, and need a tax registration number from ANAF. Contentious succession claims attract judicial stamp fees, and legal aid under GEO No 51/2008 may be available on low income.
Key time limit — Inheritance, Probate & Wills
Succession option (accepting or renouncing an inheritance) — 1 year from the opening of the succession. The central deadline for heirs and the point around which an estate plan should be structured.
Country data on this page is drawn from official Romanian sources, the European e-Justice Portal and the Civil Code, consulted in 2024.
- Romanian Civil Code and related succession, Land Book and matrimonial regime rules (Legislatie.just.ro)
- Law No 312/2005 on land acquisition by foreign persons (Legislatie.just.ro)
- Fiscal Code (Law No 227/2015) — ANAF consolidated text
- Judicial stamp fees and public legal aid (GEO No 80/2013, GEO No 51/2008)
- Law No 51/1995 on the legal profession (Legislatie.just.ro)
- European e-Justice Portal — national justice systems: Romania
What clients face
Why Romanian estate planning goes wrong without advice
Most problems we see come from assumptions imported from another legal system, or from documents drafted without checking the reserved shares.
A will that gives away too much
Clients draft wills leaving everything to one child or to a new partner, unaware that the surviving spouse, descendants and privileged ascendants hold a reserved share that can be claimed back through reduction. 25-45 words placeholder
Property held across two countries
Families living in Italy, Spain or Germany often own Romanian property alongside foreign assets, and assume one will covers everything, forgetting the notarial deed and Land Book registration that Romanian immovables require.
The one-year option passing unnoticed
Heirs sometimes discuss the estate for months without realising that the choice to accept or renounce must be made within one year of the opening of the succession, which narrows the room for negotiation.
How we help
What matching with a Romanian estate lawyer gives you
We do not advise you ourselves — we connect you with a lawyer registered with a Romanian Bar who handles your type of estate.
A lawyer who knows the reserved shares
Your match works with Articles 1087 and 1088 of the Civil Code routinely, so the plan you receive accounts for the disposable portion rather than promising a distribution that cannot be enforced.
Notarial and Land Book coordination
Because real rights over Romanian immovables need an authentic deed and registration, your lawyer coordinates with the notary public and the Land Registry so the paperwork follows the correct order.
Cross-border experience
If you live outside Romania, your lawyer can address Romanian-source income under the flat 10% tax, double-taxation conventions, ANAF registration and the rules on land ownership by non-EU citizens.
Clarity on cost before you commit
Romanian legal fees are freely negotiated with no binding official tariff, so your match explains the fee structure and the judicial stamp fees that may apply before you decide to proceed.
Also searching
Estate planning in other European countries
Families with assets in more than one state often need parallel advice. These are the countries most frequently requested alongside Romania.
Questions
Frequently asked questions about Romanian estates
What does an estate planning lawyer in Romania do?
Your lawyer reviews what you own, how it is held and who your family members are, then builds a plan around the forced heirship rules of the Civil Code. That typically means coordinating a will with the disposable portion, the matrimonial property regime and the notarial steps needed for Romanian immovables.
Can I leave my Romanian property to whoever I want?
Not entirely. The surviving spouse, descendants and privileged ascendants are forced heirs under Article 1087 of the Civil Code, and each is entitled to half of the legal share they would have received without gifts or disinheritances. Only the disposable portion is yours to allocate freely, and excess gifts can be reduced at the heirs’ request.
Do I need a Romanian notary when property forms part of the estate?
Conventions transferring or constituting real rights that are entered in the Land Book must take authentic notarial form under Article 1244 of the Civil Code, on pain of absolute nullity. The notary is also competent for the notarial succession procedure and for issuing the European Certificate of Succession.
How long do heirs 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 other periods run in parallel, such as three years for contractual claims, an early conversation with a lawyer helps you avoid decisions taken under time pressure.
I live abroad — can I still plan for Romanian assets?
Yes. Non-residents are taxed in Romania only on Romanian-source income, subject to any applicable double-taxation convention, and should obtain a tax registration number from ANAF. If you are a non-EU/EEA citizen, land ownership is limited by Law No 312/2005, so the structure of the acquisition matters as much as the will.
How are lawyers’ fees set in Romania, and is any help available?
Lawyers’ fees are freely negotiated between lawyer and client, with no binding official tariff. Court actions carry judicial stamp fees, and public legal aid under GEO No 51/2008 may cover fees and experts where average net monthly income per family member falls below the statutory threshold.
Next step
Tell us about your Romanian estate
Describe what you own, where your family lives and what you want to achieve. We match you for free with a lawyer who handles estate planning in Romania, and you decide whether to go ahead.