Acts: Romanian National Certificate of Succession
Legal Framework: Article 1133 of the Civil Code (CC).
Competent Authority: notary of the last domicile of the deceased.
Procedure:
- An interested party (such as an heir, creditor, or local authority) can request the notary to open the estate procedure. The notary must be notified of the death and be provided with details about the deceased’s assets and liabilities.
- The notary will verify the assets and liabilities of the deceased, including any debts and gifts given during their lifetime. The notary also checks the matrimonial property regime (if applicable) and inventories the deceased’s property. If needed, the notary may summon the heirs or other interested parties (such as creditors or public authorities) for further clarification.
- After gathering all the necessary information, the notary prepares the certificate of inheritance. This document:
- If any dispute arises or if a party disagrees with the contents of the certificate, the notary suspends the procedure. The parties can go to court to resolve any disagreements, and once a ruling is made, the procedure resumes. A certificate can also be challenged in court if it is believed to contain incorrect information, and it can be updated or revoked based on a court decision.
Final Certificate:
Nature, content and function: The certificate has a constitutive nature, The document lists the heirs, their identity, and their shares in the estate, outlines the composition of the estate (including assets and liabilities) and confirms the rights of each heir to the property. The certificate of inheritance serves as conclusive proof of the heirs’ rights and their shares in the estate.