When a relative who lived in Romania dies and some or all of the heirs live abroad, the succession can still be settled before a Romanian notary — often without the heirs having to travel. This guide explains which notary is competent, which deadlines apply, how heirs living abroad can take part, what it costs and what EU law adds.
The succession procedure is handled by a notary whose office is in the district of the tribunal where the deceased had their last domicile (Art. 15 (a) of Law no. 36/1995). The last domicile is proved by the death certificate (Art. 954 (2) of the Civil Code). Where the heirs live does not matter.
The Bucharest Tribunal covers the whole city, so if the deceased had their last domicile in Bucharest, in any of its six districts, any notary in Bucharest can handle the succession — including our office. Where several notaries are competent, the procedure belongs to the notary first seized, who checks the register of successions to see whether it has already been opened elsewhere (Art. 103 (3) of Law no. 36/1995). We explain these rules in more detail in our article on the competent notary (in Romanian).
If the last domicile of the deceased was abroad or is unknown, special rules apply, based on where the deceased’s property in Romania is located (Art. 103 (4)–(7) of Law no. 36/1995; Art. 954 (3) of the Civil Code). In such cases, these rules are read together with Regulation (EU) No 650/2012, under which, as a rule, the courts of the Member State where the deceased had their habitual residence at the time of death have jurisdiction to rule on the succession as a whole (Art. 4). We check jurisdiction and the applicable law before opening the file.
The right to accept or renounce an inheritance must be exercised within one year from the opening of the inheritance, that is, from the date of death (Art. 954 (1) and Art. 1,103 (1) of the Civil Code). In some situations, the term starts later — for example, from the date on which the heir learned, or should have learned, of the family relationship on which their right is based, if that date is after the death (Art. 1,103 (2)).
An heir who knew about the opening of the inheritance and about their status as heir, but neither accepted nor expressly renounced within one year, is presumed, until proven otherwise, to have renounced (Art. 1,112 (1)). The presumption also operates after the one-year term if the heir, duly summoned by the notary, does not prove that they exercised their right; the summons must warn about this consequence (Art. 1,112 (2) of the Civil Code; Art. 106 (2) of Law no. 36/1995). If an heir’s current address is not known, the notary can summon them by posting the summons at the last domicile of the deceased and at the heir’s last known domicile, and by publication in a national newspaper (Art. 106 (2)).
If you are an heir living abroad, make sure that the notary has your current address and contact details.
No tax is due if the succession is settled and completed within 2 years of the death. After that, the heirs owe a tax of 1%, which applies only to the buildings and land inherited (Art. 111 (3) of the Fiscal Code). The two-year term concerns the tax only: the inheritance is not lost after two years.
This is the most common solution. You appoint a person you trust — a relative, a friend or a lawyer — by a special authentic power of attorney; the succession summons provides for representation through an authentic power of attorney (Annex 37 to the Rules implementing Law no. 36/1995). Abroad, you can sign it at a Romanian embassy or consulate (Art. 8 of Law no. 36/1995) or before a local notary, with an apostille or superlegalisation and a Romanian translation (Art. 139 of Law no. 36/1995). Our guide on powers of attorney from abroad explains the details.
The power of attorney should allow your representative to accept the inheritance, to represent you in the succession procedure, to declare the assets and debts of the estate, to sign the documents of the procedure and to receive the certificate of heir. Send us the draft before you sign it.
Acceptance can also be express, by an authentic document in which you take on the title or status of heir (Art. 1,108 (2) of the Civil Code). Whether an authentic declaration of acceptance is enough in your case, or whether a representative is also needed for the procedure, depends on the file; we will tell you in advance.
If you do not want to inherit, the renunciation is made by an authentic declaration before any Romanian notary or at a Romanian embassy or consulate (Art. 1,120 (2) of the Civil Code), and it is entered in the national notarial register (Art. 1,120 (3)). A renunciation also affects the shares of the other heirs, so talk to us before you sign it.
If you prefer to come in person, the procedure takes place at the notary’s office (Art. 15 (a) of Law no. 36/1995). If you do not speak Romanian, an authorised translator or interpreter takes part and signs together with the notary (Art. 82).
Civil status documents issued abroad must bear an apostille or be superlegalised and be translated into Romanian (Art. 139 of Law no. 36/1995). If the deceased was a Romanian citizen and died abroad, the death certificate issued by the foreign authorities has evidential value in Romania only once it has been transcribed in the Romanian civil status registers (Art. 41 (1) of Law no. 119/1996); the transcription is requested from a Romanian consulate or from the civil status services in Romania. The full list of documents, in Romanian, is on our Successions page.
The notary fee for the succession procedure is based on the official minimum fees (Annex 3 to the Rules approved by Order of the Minister of Justice no. 177/C/2024); the actual fee starts from these minimums and depends on the value of the estate and the particularities of the file. VAT of 21% is added, together with the land registration fee for the property inherited.
For example, for an estate consisting of an apartment worth 400,000 lei, completed within 2 years of the death, the costs are approximately 5,558 lei — the minimum notarial fee, the archiving fee, VAT and the land registration fee. After 2 years, the 1% tax of 4,000 lei is added, for a total of approximately 9,558 lei. You can estimate the costs with our succession cost calculator (in Romanian).
Regulation (EU) No 650/2012 applies to the succession of persons who died on or after 17 August 2015 (Art. 83 (1)). Its main rules:
Denmark and Ireland did not take part in the adoption of the Regulation and are not bound by it (recitals 82–83). For use outside the EU, the Romanian certificate of heir can be apostilled by the Bucharest Chamber of Notaries Public or superlegalised (Art. 139 (1) of Law no. 36/1995); whether it is accepted there depends on the law of the country concerned.
Not necessarily. You can be represented by a person you trust, appointed by a special authentic power of attorney signed at a Romanian embassy or consulate, or before a local notary with an apostille and a Romanian translation.
A notary in the district of the tribunal where the deceased had their last domicile. For Bucharest, any notary in the city, unless the procedure has already been opened by another notary (Art. 15 (a) and Art. 103 (3) of Law no. 36/1995).
If you knew about the inheritance and about your status as heir, you are presumed to have renounced it, until proven otherwise (Art. 1,112 of the Civil Code). Contact the notary as soon as you learn of the death.
No tax is due if the succession is completed within 2 years of the death. After that, the tax is 1% of the value of the buildings and land inherited (Art. 111 (3) of the Fiscal Code).
Yes, by an authentic declaration at a Romanian embassy or consulate, or before any notary in Romania (Art. 1,120 (2) of the Civil Code).
You can ask for a European Certificate of Succession, which Romanian notaries can issue and which produces its effects in all Member States bound by the Regulation (Art. 69 of Regulation (EU) No 650/2012; Art. 12 (q) of Law no. 36/1995).
Information checked on 9 November 2026. This guide provides general information; for your specific situation, contact us.