Inheritance is a sensitive yet essential topic to understand in advance, in order to avoid conflicts and make informed decisions. The Civil Code clearly regulates what inheritance means, when it opens, and how a deceased person’s estate is transferred.
What is inheritance?
According to Article 953 of the Civil Code, inheritance represents the transfer of a deceased person’s estate to one or more living persons. In other words, all the patrimonial rights and obligations belonging to a person at the time of their death pass to the heirs.
When does inheritance open?
Under Article 954 of the Civil Code, inheritance opens at the time of the person’s death. The place of opening is the last domicile of the deceased, as proven by the death certificate or the judicial declaration of death.
If the last domicile is unknown or located outside Romania, the law provides special rules:
- If there are immovable assets (real estate) in Romania, the inheritance opens within the jurisdiction of the first notary public seized where the property is located;
- If there are no immovable assets but movable assets exist, the inheritance also opens before the first notary seized;
- If there are no assets in Romania, the inheritance opens before the first notary seized, regardless of the location of the assets.
The same rules apply when the first authority seized is a court of law instead of a notary.
How is the deceased’s estate transmitted?
Article 955 of the Civil Code provides two types of inheritance:
- Legal inheritance – the estate is transmitted according to the Civil Code when no will has been made;
- Testamentary inheritance – the deceased may dispose by will of part or even all of their estate, within the limits of the reserved portion. In practice, a person may transmit part of their assets by will and the rest by legal succession.
Be careful with acts concerning an unopened succession
Article 956 of the Civil Code is very clear: any legal acts by which someone accepts or renounces inheritance, or transfers future rights before the succession is opened, are subject to absolute nullity.
In other words, one cannot “sell” or renounce inheritance rights as long as the person from whom they derive those rights is still alive.
Conclusion
Inheritance is more than just the transfer of assets – it is a strictly regulated legal process. It is important to know the moment and place of opening, as well as the rules governing the different types of inheritance, in order to protect your rights.
If you find yourself in a succession situation, discuss with all potential heirs, gather the necessary documents (death certificate, property titles), and consult a notary or lawyer to understand the correct steps to follow.
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