Inheritance

Conditions

The inheritance is made after the death of a person, its goods are transmitted to one or more persons in the being.

To inherit a person must meet certain conditions: to exist, to have capacity and not to be unworthy of the deceased.

The place of the inheritance opening

The inheritance is opened at the notary’s office. Depending on the domicile of the deceased and the place where his goods are located, the competent notary decides.

The inheritance is opened at the last domicile of the identity document of the deceased (death certificate or death declaration decision).

If there is no domicile, it is not known or it is not in Romania, the inheritance opens in the notary’s constituency where the deceased has a good, movable or immovable and if there are no goods in Romania then it opens to any notary. Valid also in the case of the jurisdiction of the court in opening the legacy by force.

Transfer of inheritance

Transfer of inheritance The transfer is transmitted legally or by will. Part of the goods can be transferred by will and part legally. Legal inheritance is transmitted according to the law. Only the relatives, from the 1st to the 4th degree inclusive, have the right to come to the inheritance and the surviving spouse. The classes of heirs are excluded depending on the degree of proximity.

At the inheritance, the relatives of more distant degree may come by representing a relative of the nearest degree.

In some cases one of the heirs may oppose the opening of the inheritance. There is the possibility of forced opening of the inheritance by judicial means.

The process of forced opening of the inheritance runs like any other process:

• A request is made in court (it is not a typeface that is completed in court but is a “composition” according to certain standards and rigor imposed by law). The application must contain: the data of the applicant, the defendant, what is required, the evidence and the case is briefly reported.
• The supporting documents shall be annexed to the request for trial.
• It is submitted by post or to the competent court in as many copies as there are procedural parties + 1 for the court
• The request reaches the court, is randomly assigned to a judge. Following the examination of the application, the judge may request certain clarifications from the applicant. When the judge is clear, he notifies the defendant about the existence of the trial by sending one of the copies attached by the applicant.
• The defendant has the right to comply with the divorce application by sending it to the court. Whether or not he agrees.
• The applicant receives the court’s request and can respond.
• Finally, the first trial term is established.

In the further development of the process it varies so much that not even a book could contain all the possibilities of what can happen. The preliminary procedure above can take between 1 month and 3 months but can be delayed even more until the first trial term. In juvenile proceedings everything happens faster but not instantaneously as everyone wants.

The documents necessary to open the inheritance:

• The death certificate or the court decision declaring death is final
• The identity documents of the heirs
• Evidence regarding the degree of kinship: marriage certificate, birth certificates, etc.
• The documents of ownership of the goods from the successor table

They are necessary to the notary but also to the lawyer in case of opening a trial.

Opening successive inheritance

Often in practice several inheritance must be opened. Son F1 wants to make a inheritance after his father but he must open an inheritance after his grandfather or grandfather or he did not take care at the time. Thus, first the legacy of the grandfather opens, and then the grandfather’s goods with his father enter the F1 patrimony.

Inheritance tax after 2 years is 1% of the value of real estate.

How long the inheritance lasts

At the notary the inheritance opens on the spot. All heirs must present themselves even if they do not want to accept the inheritance must come to give a notarial declaration of renunciation. There may be delays if you do not have all the documents or documents of real estate are not in order.

There is no court term in court. The preliminary procedure up to the first trial term lasts for 1 month and 3 months until the first trial term. From the first court term the defendant can delay the process by requesting different terms for many reasons.

Consult a lawyer

If you want to make a will, we can help you with its will.

When opening the estate you can consult with a lawyer before going to the notary. Following the legal advice you find out if you have a inheritance vocation, what share is appropriate to you according to the relatives with whom you come to the inheritance contest, if certain relatives who claim assets do not have the right, etc.

If you are not specialized the formalities of the notary, the language and the procedure may seem complicated. It is no problem, if you want the assistance of a lawyer we can be with you.