Documents Required for Inheritance Proceedings Before a Notary: Complete Guide and Steps to Follow

Losing a family member is emotionally difficult, but it also creates the need to clarify the legal status of the property, rights, and obligations left behind. The procedure through which the heirs, their inheritance shares, and the assets transferred to them are established is known as the notarial inheritance procedure, estate settlement, or, more commonly, inheritance proceedings before a notary.

Preparing the file correctly can prevent repeated visits, unnecessary delays, and additional expenses. However, the list of documents required for inheritance proceedings varies from one case to another. An estate consisting of a single apartment may be relatively straightforward, while a case involving a will, heirs living abroad, unregistered land, company shares, or outstanding debts may require additional documentation and legal checks.

This guide explains the main documents required for inheritance proceedings before a notary in Romania, the applicable deadlines, the potential costs, and the steps that must be completed before the certificate of inheritance can be issued.

What Does the Notary Establish During Inheritance Proceedings?

Under Romanian law, the inheritance is opened on the date of death. As a general rule, the place where the inheritance is opened is the deceased person’s last legal domicile.

During the inheritance procedure, the notary examines and establishes:

• who the legal and, where applicable, testamentary heirs are;
• whether the heirs accepted the inheritance within the legal deadline;
• whether any potential heir formally renounced the inheritance;
• the inheritance share to which each heir is entitled;
• the assets, rights, claims, and debts included in the estate;
• whether a will or another relevant legal instrument exists;
• the rights of the surviving spouse;
• the liquidation of the matrimonial property regime, where necessary.

The Romanian Civil Code provides that an inheritance is opened at the time of death. During the notarial procedure, the notary determines the legal and testamentary heirs, the extent of their rights, and the composition of the estate.

At the end of the procedure, the notary issues a certificate of inheritance. This document proves the legal status of each heir, the inheritance share allocated to that heir, and the rights acquired over the assets included in the estate.

The certificate of inheritance does not automatically mean that each asset has been physically divided between the heirs. Unless a separate partition agreement is concluded, the heirs may remain co-owners of the inherited property in the percentages stated in the certificate.

Who May Request the Opening of Inheritance Proceedings?

The inheritance procedure may be initiated by any person who claims to have inheritance rights.

The application may also be submitted by:

• a creditor of the estate;
• a creditor of one of the potential heirs;
• another person who can demonstrate a legitimate legal interest.

All heirs do not have to submit the initial application together. One potential heir may request the opening of the file, after which the notary will identify and summon the other persons who may be entitled to inherit.

The application for the opening of inheritance proceedings must be made in writing. It may be submitted personally or through a representative acting under a special authenticated power of attorney.

The application generally includes:

• the deceased person’s identification details;
• the date of death;
• the deceased person’s last domicile;
• the names of the known potential heirs;
• the assets believed to form part of the estate;
• any known debts or liabilities.

Which Notary Has Jurisdiction Over the Inheritance?

Not every notary in Romania may handle a particular inheritance file.

As a general rule, the heirs must contact a notary public whose office is located within the territorial jurisdiction of the tribunal corresponding to the deceased person’s last domicile.

Where several notaries practice within that jurisdiction, the competent notary is generally the first one formally asked to open the inheritance procedure. The notary will check the relevant inheritance registers to determine whether another competent notary has already opened a file concerning the same deceased person.

This verification should be completed before the heirs invest significant time in obtaining all supporting documents.

Where the deceased person’s last domicile was outside Romania, or where the estate includes property located in several countries, the jurisdictional analysis may be more complex. European private international law rules or bilateral treaties may also become relevant.

Documents Required for Inheritance Proceedings Before a Notary

The following list is indicative. The notary will determine the final documentation based on the family relationship between the deceased and the heirs, the type of property involved, the manner in which the property was acquired, the existence of a will, and the circumstances of each potential heir.

A typical inheritance file contains civil-status documents, evidence concerning the acceptance or renunciation of the inheritance, and documents proving the deceased person’s ownership of each asset.

1. Documents Concerning the Deceased Person

The file will generally begin with the following documents:

• the original death certificate;
• the deceased person’s birth certificate;
• the deceased person’s marriage certificate, where applicable;
• a divorce judgment or divorce certificate, where applicable;
• documents concerning any change of name;
• the administrative referral for opening inheritance proceedings, commonly known in practice as Annex 24, where required;
• evidence of the deceased person’s last domicile, if this is not sufficiently clear from the available documents.

The death certificate is essential because it proves the death and normally contains information used to determine the place where the inheritance was opened.

Under the Romanian Civil Code, the deceased person’s last domicile may generally be proved by the death certificate or, where necessary, by a court judgment.

2. Identity and Civil-Status Documents of the Heirs

For each potential heir, the following documents may be required:

• national identity card or passport;
• birth certificate;
• marriage certificate;
• divorce certificate or final divorce judgment;
• certificate recording a change of name;
• death certificates of relatives who died before the deceased, where their descendants inherit by representation;
• adoption documents, where relevant;
• documents proving filiation or paternity, where relevant.

Any discrepancy concerning names, dates, places of birth, or family status should be clarified before the procedure is completed.

For example, where an heir changed their surname after marriage, divorce, or an administrative name-change procedure, the documentary chain must show clearly that all records refer to the same person.

The notary must be able to establish the family relationship between the deceased and each heir without ambiguity.

3. Wills, Inheritance Declarations, and Powers of Attorney

Where applicable, the following documents should also be provided:

• a handwritten will;
• an authenticated will;
• a privileged will or another legally recognized testamentary document;
• authenticated declarations accepting the inheritance;
• authenticated declarations renouncing the inheritance;
• other documents that may demonstrate the exercise of the right to accept the inheritance;
• a special authenticated power of attorney, where an heir is represented;
• court orders or authorizations required for minors or legally represented persons.

Even where the family is unaware of any will, the notary will check the relevant notarial and inheritance registers.

The same applies to authenticated declarations of acceptance or renunciation that may have been executed before another notary.

A person living abroad may normally participate through a special power of attorney. However, the wording of the power of attorney should be reviewed in advance to ensure that it expressly authorizes the representative to participate in the inheritance procedure and sign the necessary documents.

4. Documents for Apartments, Houses, and Land

For real estate, the notary may require:

• the sale and purchase agreement;
• a donation agreement;
• an exchange agreement;
• a maintenance agreement;
• another instrument through which the deceased acquired ownership;
• an earlier certificate of inheritance;
• a final court judgment establishing ownership;
• a land ownership title;
• a prefect’s order;
• a possession report;
• other land-restitution documents;
• cadastral documentation;
• the land registration order;
• an extract from the land register;
• a site plan;
• a building floor plan, where applicable;
• a valid local tax certificate;
• construction permits or documents relating to the building;
• documents showing the corresponding share of land.

The absence of cadastral registration does not always prevent the property from being declared as part of the estate. However, additional cadastral or land-registration procedures may be required before or after the inheritance procedure is completed.

The title deed must also be examined to determine whether the property belonged exclusively to the deceased or was jointly owned with the surviving spouse.

This distinction is important. Only the deceased person’s share of jointly owned marital property enters the estate. The surviving spouse’s own share does not become part of the inheritance.

5. Documents for Motor Vehicles and Other Movable Property

For a car or another registered vehicle, the following documents are generally required:

• the vehicle registration certificate;
• the vehicle identity document;
• the agreement or instrument through which the deceased acquired the vehicle;
• a local tax certificate concerning the vehicle.

For other valuable movable assets, the notary may request:

• purchase agreements;
• ownership certificates;
• invoices;
• registration documents;
• valuation reports;
• documents identifying the asset and proving that it belonged to the deceased.

The evidence must allow the notary to identify the asset accurately and confirm the deceased person’s ownership.

6. Bank Accounts, Shares, and Other Financial Rights

Depending on the composition of the estate, the following may be required:

• bank statements;
• bank certificates showing account balances;
• documents concerning deposits or savings accounts;
• documents relating to government bonds;
• share certificates;
• documents concerning company shares or partnership interests;
• documents relating to private pensions;
• insurance documents;
• evidence of compensation or damages owed to the deceased;
• documents proving debts owed to the deceased;
• the concession agreement for a burial plot;
• a certificate issued by the cemetery administration.

The notary may request information directly from certain banks, public authorities, or companies.

Nevertheless, the heirs should identify from the beginning all banks, companies, investments, and financial rights that they know about. The notary cannot investigate unknown assets effectively unless sufficient information is provided.

7. Documents Concerning Estate Debts

An estate does not consist only of property and financial rights. It may also include liabilities.

The heirs should disclose and document debts such as:

• mortgage or consumer credit agreements;
• bank statements showing the outstanding balance;
• private loan agreements;
• unpaid taxes;
• unpaid utility bills;
• funeral expenses claimed against the estate;
• other claims against the deceased;
• guarantees and securities;
• mortgages;
• ongoing litigation;
• enforcement proceedings.

Failing to disclose a debt or an asset may lead to a supplementary inheritance procedure, disputes between the heirs, or additional expenses.

The heirs should therefore provide a complete and accurate description of the deceased person’s financial situation.

8. Witnesses

In Romanian notarial practice, witnesses are often required to confirm the deceased person’s family circumstances and the identity of the persons known to be potential heirs.

As a rule, the notary may request two witnesses who:

• knew the deceased personally;
• were familiar with the deceased person’s family situation;
• can provide information about the deceased person’s relatives;
• are able to confirm relevant facts concerning the potential heirs.

The notary’s office will specify the exact requirements and explain which identity documents the witnesses must bring.

Steps Required to Complete Inheritance Proceedings Before a Notary

Step 1: Prepare a Preliminary Estate Inventory

Begin by making a written list of:

• all known potential heirs;
• real estate;
• motor vehicles;
• bank accounts;
• company interests;
• valuable movable property;
• claims owed to the deceased;
• loans and other liabilities;
• pending court cases.

Keep the original documents in a secure place. Avoid informal distributions, sales, or transfers of estate assets before the legal situation is clarified.

Where there is a risk that property may disappear, be concealed, or deteriorate, the interested parties may request an official inventory of the estate.

Step 2: Identify the Competent Notary

Jurisdiction is generally based on the deceased person’s last domicile, not on the location of the inherited property or the current residence of the heirs.

Contact a notary practicing within the territorial jurisdiction of the appropriate tribunal and request a preliminary jurisdiction check.

The notary should also verify whether another inheritance file has already been opened.

Where the deceased lived abroad, had dual nationality, or owned assets in different countries, the notary must first determine which national and European rules apply.

Step 3: Submit the Application and Available Documents

It is not always necessary to wait until every document has been obtained before contacting the notary.

Submitting the initial application allows the notary to open the file and prepare a personalized list of required documents.

The applicant should disclose all known relatives, including:

• heirs living in other Romanian cities;
• heirs living abroad;
• relatives with whom the family has lost contact;
• children from a previous marriage or relationship;
• adopted children;
• relatives who died before the deceased but left descendants.

Omitting a potential heir may cause substantial delays and may affect the validity of the procedure.

Step 4: The Notary Carries Out the Required Checks

Once the file has been opened, the notary checks the relevant inheritance and notarial registers.

The notary may also:

• verify whether a will exists;
• verify whether any acceptance or renunciation declarations have been registered;
• request information from public authorities;
• obtain land-registry extracts;
• request tax certificates;
• contact banks or companies;
• identify and summon potential heirs;
• establish which additional evidence is required.

An heir who cannot attend personally may be represented under a special authenticated power of attorney.

Documents issued abroad may need to be translated by an authorized translator. Depending on the issuing country and the type of document, an apostille or consular legalisation may also be required.

Step 5: Acceptance or Renunciation of the Inheritance Is Examined

For deaths governed by the current Romanian Civil Code, the right to choose whether to accept or renounce an inheritance must generally be exercised within one year from the opening of the inheritance.

The inheritance is opened on the date of death.

Acceptance may be:

• express, through a formal declaration;
• tacit, through acts that clearly and unequivocally demonstrate the intention to accept the inheritance.

Renunciation must be made in the form required by law.

The expiry of the one-year period should not be confused with an absolute prohibition on opening inheritance proceedings later. A file may still be initiated after that period, but the notary must determine whether each potential heir validly exercised the right of option within the applicable deadline.

Older inheritance cases may be governed by the law in force on the date of death. Consequently, a different acceptance period may apply.

For this reason, the date of death is essential when determining the applicable legal regime.

Step 6: The Estate and Inheritance Shares Are Established

The notary examines the ownership documents, assets, financial rights, and debts.

Where the deceased was married, the matrimonial property regime must first be clarified.

For example, where a house was jointly acquired by the spouses during the marriage, the surviving spouse may already own part of that property. Only the deceased person’s share enters the estate.

After the estate has been determined, the notary calculates the share due to each heir under:

• the rules of legal inheritance;
• the provisions of a valid will;
• the statutory protections granted to heirs entitled to a reserved share.

A will cannot necessarily deprive legally protected heirs of every inheritance right. The notary must consider the mandatory rules concerning the reserved portion of the estate.

Step 7: The Inheritance Hearing Takes Place

The heirs or their representatives attend the scheduled notarial hearing and provide the necessary statements.

The witnesses may also be heard regarding the deceased person’s family situation.

The procedure can be completed before the notary where:

• the relevant facts are sufficiently proved;
• the heirs agree on the essential matters;
• the estate can be identified;
• there is no genuine dispute concerning the identity of the heirs;
• there is no serious dispute concerning the validity of the will;
• the applicable inheritance shares can be determined.

A notary does not decide contested legal disputes in the same manner as a court.

Where the parties disagree substantially about the identity of the heirs, the validity of the will, the composition of the estate, or the inheritance shares, the notarial procedure may be suspended. The parties may then need to bring the dispute before the competent court.

Step 8: Fees and Taxes Are Paid and the Certificate Is Issued

After the estate and its value have been determined, the notary calculates:

• the notarial fee;
• the cost of registry checks;
• land-registration costs, where applicable;
• any tax due;
• other administrative expenses.

The certificate of inheritance is issued after all legal requirements have been satisfied and the applicable amounts have been paid.

The certificate identifies:

• the deceased person;
• the heirs;
• the legal or testamentary basis of their inheritance rights;
• each heir’s share;
• the assets and liabilities included in the estate.

Step 9: Public Records Must Be Updated

After the certificate of inheritance has been issued, the heirs may need to use it to update various official records.

Depending on the inherited property, this may include:

• registering ownership rights in the land register;
• declaring inherited real estate to the local tax authority;
• updating the registered owner of a motor vehicle;
• accessing or closing the deceased person’s bank accounts;
• registering the transfer of company shares;
• collecting debts owed to the deceased;
• updating private pension or insurance records;
• exercising other inherited rights.

Where the heirs wish particular assets to be allocated exclusively to specific persons, a separate estate partition or inheritance partition agreement may be required.

Deadlines and Costs: What Heirs Should Remember

The one-year period concerns the exercise of the right to accept or renounce the inheritance. It is not simply an administrative deadline for obtaining the certificate of inheritance.

Nevertheless, delaying the procedure creates significant practical risks:

• documents may be lost;
• witnesses may become unavailable;
• property may deteriorate;
• debts may increase;
• bank or company records may become harder to obtain;
• disputes between family members may develop;
• the tax treatment may become less favorable.

From a Romanian tax perspective, the general rule is that the specific inheritance tax on transferred real estate is not payable when the inheritance procedure is completed within two years from the date of death.

Where the procedure is completed after that period, Romanian tax legislation may impose a tax of 1%, calculated according to the applicable rules on the value of the inherited real estate.

This tax is separate from:

• the notarial fee;
• land-registry charges;
• cadastral expenses;
• translation costs;
• valuation costs;
• fees for powers of attorney or duplicate documents.

Important Legislative Note for 2026

At the date of this article, Law No. 170/2026, published in the Romanian Official Gazette on August 5, 2026, introduced a temporary derogation for inheritance cases in which the two-year period expires between July 14 and September 30, 2026.

To benefit from the exemption from the 1% tax, qualifying inheritance proceedings must be completed by September 30, 2026, inclusive.

Persons who may fall within this category should contact the competent notary without delay and verify the exact tax treatment applicable to their case.

Notarial inheritance fees are not fixed at one universal amount. They depend on factors such as:

• the value of the estate;
• the number and type of assets;
• the complexity of the procedure;
• the number of heirs;
• the checks and additional documents required.

Additional costs may arise for:

• registry extracts;
• cadastral documentation;
• land-registration procedures;
• property valuations;
• certified translations;
• apostilles or legalisation;
• powers of attorney;
• replacement or reconstruction of missing documents.

A reliable cost estimate can generally be provided only after the notary has reviewed the estate and the available documentation.

Common Mistakes That Delay Inheritance Proceedings

Many inheritance files are delayed by avoidable errors.

The most common include:

• contacting a notary who lacks territorial jurisdiction;
• failing to disclose a potential heir;
• omitting an asset or liability;
• assuming that paying property tax automatically proves acceptance of the inheritance in every case;
• assuming that using an inherited asset always amounts to valid acceptance;
• failing to provide documents explaining a change of surname;
• submitting expired tax certificates;
• confusing the certificate of inheritance with an estate partition;
• waiting until shortly before an important legal or tax deadline;
• attempting to resolve matters verbally when authenticated legal documents are required;
• using an incomplete power of attorney for an heir living abroad.

The most effective approach is to contact the competent notary early, even where the file is not yet complete.

Frequently Asked Questions About Inheritance Proceedings Before a Notary

Must All Heirs Attend the Notary’s Office on the Same Day?

Not necessarily.

The procedure may involve several appointments, and an heir may normally be represented under a special authenticated power of attorney.

However, the form and wording of the power of attorney should be checked before it is signed, particularly where it is executed abroad.

What Happens When the Heirs Disagree?

The notary may complete the procedure only where the essential legal issues are uncontested and sufficiently proved.

A genuine dispute concerning the heirs, the estate assets, the validity of the will, or the inheritance shares may lead to the suspension of the notarial procedure.

The parties may then need to ask a court to resolve the disputed issue.

How Long Do Inheritance Proceedings Take?

The duration depends on:

• the complexity of the estate;
• the number of heirs;
• whether all documents are available;
• whether the heirs cooperate;
• whether any person must be summoned abroad;
• whether cadastral or land-registration problems exist;
• whether a dispute arises.

A straightforward and complete file may be resolved within several weeks. A case involving international summonses, unclear land ownership, missing documents, or litigation may take several months or longer.

Can an Inheritance Be Completed Without a Will?

Yes.

Where no valid will exists, the estate is distributed according to the Romanian rules of legal inheritance. These rules determine which relatives inherit and the share to which each person is entitled.

Is the Certificate of Inheritance the Same as a Property Partition?

No.

The certificate establishes who the heirs are, what shares they hold, and which assets form part of the estate.

A partition determines which specific asset is allocated to each heir. Until a partition is completed, several heirs may remain co-owners of the same property.

Can an Heir Living Abroad Participate?

Yes.

An heir living abroad may generally participate through a special authenticated power of attorney.

Foreign documents may require:

• an apostille;
• consular legalisation;
• an authorised Romanian translation;
• additional certification, depending on the country of origin.

The draft power of attorney should preferably be reviewed by the Romanian notary handling the inheritance file before it is signed abroad.

Conclusion: Proper Preparation Saves Time and Money

For efficient inheritance proceedings before a Romanian notary, begin with three categories of documents:

1. the deceased person’s death certificate;
2. the family’s identity and civil-status documents;
3. all available documents concerning the deceased person’s assets and debts.

The next step is to contact the competent notary and verify:

• territorial jurisdiction;
• whether another inheritance file has already been opened;
• the deadline for accepting or renouncing the inheritance;
• the two-year tax period;
• the exact documents required for the specific estate.

Do not allow the inheritance file to become more complicated and expensive through unnecessary delay. Request a preliminary review of the documents, obtain a personalized checklist from the competent notary, and arrange the opening of the inheritance procedure as soon as possible. Acting early can prevent months of delay, additional taxes, missing evidence, and disputes between heirs.