Inheritance lawyer: estates, wills and division between heirs
Inheriting from someone close brings practical questions alongside the grief, and sometimes family conflict. We explain your rights and how to exercise them.
After a death, the heirs must decide whether to accept or renounce the inheritance within the one-year period set by the Civil Code. When all heirs agree, the estate is usually settled before a notary, who issues the certificate of inheritance. If there are disputes about who inherits, the assets or the shares, the matter goes to court.
We assist you on either route. We check civil status and property documents, whether there is a will and whether lifetime gifts were made that may affect the reserved share of children, the surviving spouse or parents. If an heir has been disadvantaged, we assess whether excessive gifts can be reduced or the will annulled.
We also handle the division of estates, including undivided buildings, land with incomplete documents and company shares. For inheritances with assets or heirs in other EU countries, we take into account the European rules on applicable law and the European Certificate of Succession. We also help you obtain the documents needed from other countries.
Inheritance support we provide
- Advice on accepting or renouncing an inheritance and the time limit for doing so
- Assistance with probate before a notary and obtaining the certificate of inheritance
- Court actions to establish heir status and shares
- Drafting wills and advice on planning the transfer of assets
- Contesting wills for nullity or defects of consent
- Reducing gifts and legacies that infringe the reserved share
- Bringing lifetime gifts into account between heirs
- Unworthiness to inherit and disinheritance
- Voluntary or court-ordered division of the estate, including buildings and land
- Estate debts and the liability of heirs
- Registering inherited property in the land register
- Cross-border inheritances and the European Certificate of Succession
When a lawyer is useful in inheritance matters
- Siblings cannot agree on how to divide the family home and the notary cannot complete the procedure.
- You have learned that your parent left everything by will to one person.
- The deceased made large gifts during their lifetime and you wonder whether they affect your share.
- Many years have passed since the death, the estate was never settled and you do not know whether you still have rights.
- The estate includes debts and you are unsure whether you should accept it.
- The deceased had assets abroad or some heirs live in another country.
How we work
Clarifying the situation
We establish who the heirs are, what assets and debts exist and whether any wills or gifts were made.
Checking documents
We review civil status and property records and identify missing documents, including for unregistered land or buildings.
Amicable solution
Where possible, we assist you before the notary and in negotiating a voluntary division, which is faster and less costly.
Inheritance proceedings
If agreement is not possible, we represent you in court to establish your rights and divide the assets.
Frequently asked questions
How long do I have to accept an inheritance?
The Civil Code allows one year to exercise the option to accept or renounce, usually running from the date of death. Acceptance can be express or implied, for example by using the assets as an owner. For estates opened before October 2011 the old Civil Code applies, with similar rules. Every situation should be checked, especially where the time limit seems to have passed.
Can I be completely disinherited by a will?
Not always. The deceased's descendants, surviving spouse and parents are reserved heirs and are entitled to a minimum part of the estate, the reserved share, whatever the will says. The reserved share is, in principle, half of what the heir would have received by law. Anything exceeding the legal limit can be reduced at the reserved heir's request.
What if the heirs cannot agree?
Where there is disagreement, the notary cannot issue a certificate of inheritance for the disputed assets, and the matter is decided in court. The court determines the heirs, their shares and the estate, and can order division by allocating assets in kind with compensation, or by sale. Before going to court it is worth trying to negotiate, which can save time and costs.
What happens to the deceased's debts?
Heirs who accept the inheritance are liable for its debts and charges, in principle only up to the value of the assets received, under the new Civil Code. If debts exceed the value of the assets, renouncing the inheritance may be an option. Renunciation is made by declaration before a notary or a diplomatic mission, within the option period.
Other practice areas
Do you need a lawyer?
Tell us briefly about your situation. We will tell you honestly what can be done and what the next steps are, anywhere in Romania.
