📌 How much time do I have to register the death?

Normally, a person's death must be declared within 3 days of the time they passed away.

If, however, the declaration of death takes place later, the death certificate can only be drawn up with the approval of the public prosecutor's office and by providing in writing the reasons for the delay.

📌 Which authority can  issue  the death certificate?

The death certificate is issued by the civil registry officer within the Local Public Community Service for Personal Records or of the municipality's town hall from the town / commune where the event occurred. This civil registry officer is typically the mayor or an authorized representative.

📌 What documents do I need in order for the death certificate to be issued?

To issue the death certificate, the following are required:

• the medical certificate confirming the death (the document issued by a doctor indicating the cause and date of death). It must be drawn up on a standard form, which should include a registration number, the date, the signature and stamp of the doctor who analyzed the situation, the seal/stamp of the health unit. The cause of death must be recorded, without abbreviations,  in capital letters;

• a verbal statement made by a family member, the attending doctor or any other person who knows about the death;

• the birth certificate and the marriage certificate, if applicable;

• the identity document of the deceased;

• the military booklet or, as the case may be, the certificate of recruitment of the deceased, if applicable;

• the identity document of the declarant.

The submission of the certificate and the statement is done in the presence of the civil registry officer, who then draws up the death certificate.

When the death happens due to suicide, an accident or other violent causes, as well as in the case of finding a corpse, whether or not it is identified, the declaration has to be made within 48 hours. The time frame is calculated starting with the moment of death or the discovery of the corpse.

If the death occurred as a result of one of the above causes, it is mandatory to notify the police or the prosecutor's office.

📌 Which authority can issue the  death certificate?

The death certificate is issued by the civil registry officer within the Local Public Community Service for Personal Records or of the municipality's town hall from the town / commune  where the event occurred. This civil registry officer is typically the mayor or an authorized representative.

📌 What documents do I need in order for the death certificate to be issued?

To issue the death certificate, the following are required:

• the medical certificate confirming the death (the document issued by a doctor indicating the cause and date of death). It must be drawn up on a standard form, which should include a registration number, the date, the signature and stamp of the doctor who analyzed the situation, the seal/stamp of the health unit. The cause of death must be recorded, without abbreviations, in capital letters;

• proof issued by the prosecutor's office or the police, which shows that one of these authorities has been notified about the death;

• a verbal statement made by a family member, the attending doctor or any other person who knows about the death;

• the birth certificate and the marriage certificate, if applicable;

• the identity document of the deceased;

• the military booklet or, as the case may be, the certificate of recruitment of the deceased, if applicable;

• The identity document of the declarant.

The submission of the certificate and the statement is done in the presence of the civil registry officer, who then draws up the death certificate.
If the death was not declared and registered within the legal term of 48 hours, the death certificate is drawn up only with the approval of the public prosecutor's office, and the declaration must be written, giving the reasons for the delay.

📌 How much time do I have to register the death?

Normally, a person's death must be declared within 3 days of the time they passed away.

If, however, the declaration of death takes place later, the death certificate can only be drawn up with the approval of the public prosecutor's office and by providing in writing the reasons for the delay.

📌 Which authority can issue the death certificate?

The death certificate is issued by the civil registry officer within the Local Public Community Service for Personal Records or of the municipality's town hall in the area where the event occurred. This civil registry officer is typically the mayor or an authorized representative.

📌 What documents do I need in order for the death certificate to be issued?

To issue the death certificate, the following are required:

• the medical certificate confirming the death (the document issued by a doctor indicating the cause and date of death). It must be drawn up on a standard form, which should include a registration number, the date, the signature and stamp of the doctor who analyzed the situation, the seal/stamp of the health unit. The cause of death must be recorded, without abbreviations, in capital letters;

• a verbal statement made by a family member, the attending doctor or any other person who knows about the death;

• the birth certificate and the marriage certificate, if applicable;

• the identity document of the deceased;

• the residence permit on the territory of Romania or other similar documents;

• the military booklet or, as the case may be, the certificate of recruitment of the deceased, if applicable;

• the identity document of the declarant.

The submission of the certificate and the statement is done in the presence of the civil registry officer, who then provides the death certificate.
In the case of foreign citizens who had a residence permit (or a similar document attesting their stay in Romania), their document will be sent by the civil registry officer (mayor, etc.) to the territorial structure of the General Inspectorate for Immigration, together with an extract from the death certificate. 

How is the death registered in the deceased’s country of origin?

If a foreign citizen has died on Romanian territory, the civil registry officer who issued the death certificate sends, within 5 days of registration, an extract from the document to the General Directorate for Population Records. As follows, they send it to the diplomatic mission or consular office of the respective country in Romania.

In case the country of origin has diplomatic relations with Romania, but they do not have offices in our country, the General Directorate for Population Records transfers, through the Ministry of Foreign Affairs, an extract from the respective document.

Generally, for the death certificate to be acknowledged in other countries, it must be transcribed. For more information about the transcription of the death certificate, we recommend that you contact the diplomatic mission (embassy or consulate) of the country of origin of the deceased. You can consult the list of diplomatic missions (embassies, consulates) to Romania here.

When the death happens due to suicide, an accident or other violent causes, as well as in the case of finding a corpse, whether or not it is identified, the declaration has to be made within 48 hours. The time frame is calculated starting with the moment of death or the discovery of the corpse.

If the death occurred as a result of one of the above causes, it is mandatory to notify the police or the prosecutor's office.

📌 Which authority can issue the death certificate?

The death certificate is issued by the civil registry officer within the Local Public Community Service for Personal Records or of the municipality's town hall in the town / commune where the event occurred. This civil registry officer is typically the mayor or an authorized representative.

📌 What documents do I need in order for the death certificate to be issued?

To issue the death certificate, the following are required:

• the medical certificate confirming the death (the document issued by a doctor indicating the cause and date of death). It must be drawn up on a standard form, which should include a registration number, the date, the signature and stamp of the doctor who analyzed the situation, the seal/stamp of the health unit. Tthe cause of death must be recorded, without abbreviations, in capital letters;

• proof issued by the prosecutor's office or the police, which shows that one of these authorities has been notified about the death;

• a verbal statement made by a family member, the attending doctor or any other person who knows about the death;

• the birth certificate and the marriage certificate, if applicable;

• the identity document of the deceased;

• the residence permit on the territory of Romania or other similar documents;

• the military booklet or, as the case may be, the certificate of recruitment of the deceased, if applicable;

• the identity document of the declarant.

The submission of the certificate and the statement is done in the presence of the civil registry officer, who then issues the death certificate.

If the death was not declared and registered within the legal term of 48 hours, the death certificate is drawn up only with the approval of the public prosecutor's office, and the declaration must be written, giving the reasons for the delay.

How is the death registered in the deceased’s country of origin?

If a foreign citizen has died on Romanian territory, the civil registry officer who drew up the death certificate sends, within 5 days of registration, an extract from the document to the General Directorate for Population Records. As follows, they send it to the diplomatic mission or consular office of the respective country in Romania.

In case the country of origin has diplomatic relations with Romania, but they do not have offices in our country, the General Directorate for Population Records transfers, through the Ministry of Foreign Affairs, an extract from the respective document.

Generally, for the death certificate to be acknowledged in other countries, it must be transcribed. For more information about the transcription of the death certificate, we recommend that you contact the diplomatic mission (embassy or consulate) of the country of origin of the deceased. You can consult the list of diplomatic missions (embassies, consulates) to Romania here.

Civil registry documents of Romanian citizens, drawn up by foreign authorities, have probative value in Romania only if they are transcribed in the Romanian civil status registers.

The Romanian embassy or consulate can transcribe your death certificates issued by foreign authorities if the following conditions are met:

1. The death was previously registered with the authorities of the state where it happened;

2. The city/comune where the death took place and where it was registered is in the consular district of the diplomatic mission or consular office of Romania, where the transcription is requested. For example, if the death took place in Italy, you will not be able to go to the Romanian Embassy in France to transcribe the death certificate.

The request to transcribe the death certificate will be made by one of the family members or by another entitled person.

📌 You will need the following documents:

• death certificate or an extract of the death certificate issued by foreign authorities and legalized translation in Romanian.

• the birth certificate and the marriage certificate of the deceased, as the case may be;

• the document proving the Romanian citizenship of the deceased person (Romanian passport or Romanian identity card);

• the identity document of the person requesting the registration of the death certificate;

• statement from the person who declares the death or the legal representative that there is no other transcribed or reconstituted act.

You can find out more information about the procedure you need to follow, as well as schedule a transcription of the death certificate here.

⚠️ ATTENTION!

Depending on the state where the death certificate was issued, you will have to comply with some formalities. For example, you may be required to have the document super-legalized (stamped abroad, usually at the Ministry of Foreign Affairs of that country). There are, however, exceptions:

1. Documents issued by EU member states are exempt from apostille or any other legalization formality.

2. If the translation into Romanian is carried out by an authorized translator from one of the states with which Romania has concluded treaties/conventions/legal assistance agreements, the document no longer needs to be super-legalized/apostilled. 

The states with which Romania has concluded such agreements are:

3. The multilingual birth certificate issued on the basis of Convention no. 16 of the International Civil Status Commission regarding the issuance of multilingual extracts of civil status documents, signed in Vienna on September 8, 1976, is exempt from translation and legalization (Form A-CIEC).

4. In the case of documents issued by other states, the document will have to be apostilled or super-legalized.

Civil registry documents of Romanian citizens, issued by foreign authorities, have probative power in Romania only if they are transcribed in the Romanian civil status registers.

Romanian citizens must request the transcription of these documents within 6 months of returning to the country or receiving the certificate from abroad.

The request to transcribe the death certificate can be made at the Local Public Community Service for Personal Records (SPCLEP) or at the town hall:

• From the city / commune where the deceased lived;

• From the city / commune where the person registering the application resides. In this case, the civil registry officer who registers the request has the obligation to order for verifications to be made at the deceased's last residence.

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📌 You need the following documents:

• standard application (which you can get from the town hall / SPCLEP)

• the original death certificate issued by the competent authorities;

• translation of the death certificate into Romanian and legalized at a public notary (if the translation is made at a notary abroad, it must be apostilled or super-legalized);

• the birth certificate and marriage certificate of the deceased person, as the case may be;

• the identity documents of the deceased person, the applicant and the authorized person, within the validity period and their originals (ID or passport with domicile abroad);

• in case the deceased person was not domiciled in Romania, a document showing their last domicile address in the country;

• in case the application is submitted by proxy, a special power of attorney in its original form, apostilled or super-legalized (for submitting the transcription file and picking up the transcribed Romanian death certificate) and legalization, (apostilled or super-legalized) if they are made at a notary abroad;

• the notarial declaration (if it is submitted by power of attorney) from the applicant stating that he/she did not request the transcription / registration of the certificate (if the declaration is made abroad it must be apostilled or super-legalized, translated and legalized).

⚠️ ATTENTION!

Depending on the state where the death certificate was issued, you will have to comply with some formalities. For example, you may be required to have the document super-legalized (stamped abroad, usually at the Ministry of Foreign Affairs of that country). There are, however, exceptions:

1. Documents issued by EU member states are exempt from apostille or any other legalization formality.

2. If the translation into Romanian is carried out by an authorized translator from one of the states with which Romania has concluded treaties/conventions/legal assistance agreements, the document no longer needs to be super-legalized/apostilled. 

The states with which Romania has concluded such agreements are:

• Albania

• Austria

• Belgium - in practice, apostille may be required

• Bosnia and Herzegovina

• Croatia

• Serbia

• Slovenia

• North Macedonia

• Montenegro

• Bulgaria - in practice, apostille may be required;

• Czech Republic

• Slovak Republic

• Republic of Moldova

• Republic of Mongolia

• Poland

• The Russian Federation

• Ukraine

• Hungary

• Cuba

• North Korea

• China - requires super-legalization, except for the provinces of Macau and Hong Kong, where apostille is required

• France

3. The multilingual birth certificate issued on the basis of Convention no. 16 of the International Civil Status Commission regarding the issuance of multilingual extracts of civil status documents, signed in Vienna on September 8, 1976, is exempt from translation and legalization (Form A-CIEC).

4. In the case of documents issued by other states, the document will have to be apostilled or super-legalized.

📌 You can apply for funeral expenses benefit if you fall into one of the categories below:

• surviving spouse;

• first degree descendant (son, daughter);

• parent;

• legal guardian;

• trustee;

• you are the person who bears the expenses caused by the death, provided you prove that these expenses have been incurred.

Death benefit assistance can also be requested if a family member of the insured or pensioner passes away, and they were not insured or a pensioner in the public pension system at the time of death. In such cases, the amount provided is half of that granted for the death of an insured or pensioner, specifically 3,784 lei in 2024.

📌 The value of the funeral expenses benefit

The amount of the funeral expenses payment benefit is determined annually by the Social Insurance Budget Law and cannot be lower than the value of the gross average salary.

The value of the funeral expenses payment benefit on January 1, 2024 was set at 7.576 lei in the event of the death of an insured or retired person.

📌 The funeral expenses benefit is paid within 3 working days from the moment when the request was submitted by:

• The County House of Public Pensions, for the death of a retired or insured person;

• The institution that manages the unemployment insurance budget, for the death of an unemployed person, respectively of their family member.

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📌 The necessary documents for granting the funeral expenses benefit, as the case may be, are:

• application for the funeral expenses benefit;

• death certificate (original and copy);

• identity document of the applicant (original and copy);

• civil status documents of the applicant, showing the degree of kinship with the deceased, or, as the case may be, the document certifying the capacity of guardian, curator, trustee (original and copy);

• proof that the applicant has borne the expenses caused by the death (original and copy);

• if applicable, medical document issued or endorsed by the social insurance expert doctor, certifying the illness that made him unfit and the date of its onset, in the case of the unfit child over 18 years old (original);

• if applicable, document certifying that, on the date of death, the family member between the ages of 18 and 26 was attending a form of education organized according to the law (original);

• if applicable, document issued by the employer showing that the deceased person was insured on the date of death, respectively extracted from the General Registry of Employees (REVISAL).

Even if the deceased was not insured nor retired on Romanian territory, you, as a family member who is insured or retired, can benefit from the funeral expenses benefit

📌 You can apply for funeral expenses benefit if you fall into one of the categories below:

• spouse;

• child (regardless of whether it is your own, adopted, in foster care or entrusted):

  • up to 18 years old;

  • between the ages of 18 and 26, if they continue their studies, until their graduation;

  • regardless of age, dependent on his/her parents, if he/she became unfit for work due to health conditions before reaching the age of 26;

• the parents and grandparents of any of the spouses.

📌  The value of the funeral expenses benefit

The amount of the funeral expenses benefit is determined annually by the Social Insurance Budget Law and cannot be lower than the value of the gross average salary.

The value of the funeral expenses payment benefit on January 1, 2024 was set at 7.576 lei in the event of the death of an insured or retired person.

📌 The funeral expenses benefit is paid within 3 working days from the moment when the request was submitted by:

• The County House of Public Pensions, for the death of a retired or insured person;

• The institution that manages the unemployment insurance budget, for the death of an unemployed person, respectively of a family member.

Starting from September 1, 2024, individuals requesting death benefit assistance will be able to receive the payment via bank transfer as well.

📌 The necessary documents for granting the funeral expenses payment benefit, as the case may be, are:

• application for the funeral expenses benefit;

• death certificate (original and copy);

• identity document of the applicant (original and copy);

• civil status documents of the applicant, showing the degree of kinship with the deceased, or, as the case may be, the document certifying the capacity of guardian, curator, trustee (original and copy);

• proof that the applicant has borne the expenses caused by the death (original and copy);

• if applicable, medical document issued or endorsed by the social insurance expert doctor, certifying the illness that made him unfit and the date of its onset, in the case of the unfit child over 18 years old (original);

• if applicable, document certifying that, on the date of death, the family member between the ages of 18 and 26 was attending a form of education organized according to the law (original);

• proof that the family member was not insured or retired is made through a statement of the person requesting the funeral expenses benefit, as the case may be.

If the deceased was not insured nor retired, and you, as a relative, are not insured or retired, you are not eligible for the funeral expense benefit.

This form of inheritance applies when the person who died left a will during his/her lifetime through which he/she determined who would receive his assets.

The person leaving the will has the possibility to choose one or more heirs, who may or may not be related to him/her.

📌 To be considered valid, the will must be drawn up in one of the following forms:

1. Holographic (handwritten) will

A handwritten document that is dated and signed by the person who wants to leave their inheritance. Although it has legal value, it can, in some cases, be relatively easily challenged in court and declared null, by certain heirs who are not satisfied with its content.

2. Privileged (notarial) will

The notarial will has a greater legal value than the holographic one, because it is concluded by a public notary, in the presence of two witnesses, and is kept in the notarial archives. In order for the document to be legally valid, the notary will ensure that the person who leaves his/her inheritance is of full mental capacity and that the content of the will does not contain elements that violate the law.

⚠️ ATTENTION!

Regardless of whether the deceased left a will or not, there are several categories of persons who, according to Romanian law, cannot be excluded from the inheritance.

These categories are thus protected by law from all kinds of actions that would have left them without succession rights (e.g. the deceased disinherited you or left an inheritance to other people more than they should, etc.). They are called forced heirs and are:

• Descendants of the deceased, without limit in the degree of kinship (children, children's grandchildren, children's great-grandchildren, etc.);

• Spouse of the deceased (if not predeceased);

• The parents of the deceased, if they are still alive, and the deceased had no children.

If you are a forced heir, you are entitled, according to the law, to compulsorily receive half of the share to which you would have been entitled according to the legal inheritance. The reserved portion of the succession is the part of the inheritance to which forced heirs are entitled, even against the wishes of the deceased. 

Steps you need to follow during a succession procedure

STEP 1 - Following the death, you must obtain a notification regarding the opening of the succession procedure, which is issued by the Civil Registry Office from the deceased’s place of residence, based on the following documents:

• Application form;

• Original death certificate of the deceased for whom the succession is done;

• Tax attestation certificate in original, issued in the name of the deceased by the Directorate of Local Taxes, certifying that there are no debts to the local budget;

• Birth certificate and, where appropriate, marriage certificate for all heirs, accompanied by their identity documents;

• Ownership documents for all goods that are the subject of the succession: sale/purchase documents, title deeds, minutes, shareholder certificates, loan contracts, etc.;

• The will.

 STEP 2 - the actual succession procedure can take place at the notary, if all the heirs agree to the proposed division.

Succession at the notary

For the inheritance procedure, you can choose any notary who works in the area where the deceased had his domicile. In the case of the Municipality of Bucharest, you can choose any notary office, regardless of the sector (district) the deceased used to live in.

 At the notary, you will need the following documents in original:

• Death certificate;

• Identity documents of all heirs;

• Birth and marriage certificates of the heirs, as applicable;

• Court orders or divorce certificates of the heirs, where applicable;

• Surviving spouse's birth and marriage certificate, spouse's death certificate,  divorce sentence or divorce certificate, as applicable;

• Administrative name change certificate, where applicable;

• Successor option statements, as applicable;

• Power of attorney in authentic form of the persons authorized to represent the heirs at the succession, if they cannot attend it;

• The will.

In addition, you must bring documents for all assets that are part of the inheritance - for example, sales contracts, registration documents, tax attestation certificates, etc.

Two witnesses from outside the family who knew the deceased and who are aware of his heirs must be present at the succession.

If the succession is debated in front of a notary, the heirs will have to pay a fee, calculated according to the value of the inheritance.

Succession in court

Succession will take place in court when:

• One or more heirs is/are not found; 

• The heirs do not agree with the proposed division. 

If the inheritance is contested in court, the heirs will have to pay a stamp duty of 3% of the value of the inheritance.

Regardless of whether the inheritance is debated in court or at the notary, in order to receive the assets, the heirs will have to pay a series of fees and taxes, which will be divided proportionally among all the beneficiaries.

All assets from the inheritance which are not covered by a will  are subject to legal inheritance. 

📌 Who can be a legal heir? 

The following categories of persons can be legal heirs:

• First class - Children of the deceased (whether biological or adopted), grandchildren or great-grandchildren;

• Second class - Parents, siblings and their descendants;

• Third class - Grandparents or great-grandparents;

• Fourth class - Aunts, uncles, first cousins ​​or siblings of grandparents, up to the fourth degree of consanguinity.

The descendants of the deceased follow the inheritance in the order of the class of heirs they belong to. Lower numbered classes disinherit higher numbered classes. For example, the son of the deceased will exclude his parents and uncles from the inheritance.

If the deceased has no children - they have died or they decide to give up their rights - the inheritance will go to the relatives from the 2nd class, and this pattern is repeated until the 4th class is reached.
Heirs who have the same degree of kinship receive equal shares of the inheritance.

⚠️ ATTENTION!

The husband or wife of the deceased (if he/she did not die before him), also called the surviving spouse, is in a special category, which always receives a part of the inheritance, regardless of which class the other heirs belong to.

The law protects the surviving spouse by allowing him/her to live free of charge in the property he/she shared with the deceased, if he/she has no other property to move to. The right of residence is extinguished upon division, but not earlier than one year from the date of the start of the inheritance.

If none of the relatives listed above wants to take possession of the deceased's estate, all assets are transferred to the commune, city or municipality in whose territorial area the respective assets were located when the inheritance was opened.

Steps you need to follow during a succession procedure

STEP 1 - Following the death, you must obtain a notification regarding the opening of the succession procedure, which is issued by the Civil Registry Office from the deceased’s place of residence, based on the following documents:

• Application form;

• Original death certificate of the deceased for whom the succession is done;

• Tax attestation certificate in original, issued in the name of the deceased by the Directorate of Local Taxes, certifying that there are no debts to the local budget;

• Birth certificate and, where appropriate, marriage certificate for all heirs, accompanied by their identity documents;

• Ownership documents for all goods that are the subject of the succession: sale/purchase documents, title deeds, minutes, shareholder certificates, loan contracts, etc.;

• The will, if any.

STEP 2 - the actual succession procedure can take place at the notary, if all the heirs agree to the proposed division. 

Succession at the notary

For the inheritance procedure, you can choose any notary who works in the area where the deceased had his domicile. In the case of the Municipality of Bucharest, you can choose any notary office, regardless of the deceased's domicile’s sector.

At the notary, you will need the following original documents:

• Death certificate;

• Identity documents of all heirs;

• Birth and marriage certificates of the heirs, as applicable;

• Court orders or divorce certificates of the heirs, where applicable;

• Surviving spouse's birth and marriage certificate, spouse's death certificate or sentence or divorce certificate, where applicable;

• Administrative name change certificate, where applicable;

• Successor option statements, as applicable;

• Power of attorney in authentic form of the persons authorized to represent the heirs at the succession, if they cannot attend it;

• The will, if any.

In addition, you must bring documents for all assets that are part of the inheritance - for example, sales contracts, registration documents, tax attestation certificate, etc.

Also, two witnesses from outside the family who knew the deceased and who are aware of his heirs must be present at the succession.

In the situation where the succession is debated in front of a notary, the heirs will have to pay a fee, calculated according to the value of the inheritance.

Succession in court

Succession will take place in court when:

• One or more heirs is/are not found; 

• The heirs do not agree with the proposed division. 

If the inheritance is contested in court, the heirs will have to pay a stamp duty of 3% of the value of the inheritance.

Regardless of whether the inheritance is debated in court or at the notary, in order to receive the assets, the heirs will have to pay a series of fees and taxes, which will be divided proportionally among all the beneficiaries.

In Romania, for the death of a person who has neither legal heirs (spouse, children, grandchildren, parents, siblings), nor heirs established by will, the assets left by the deceased belong to the administrative-territorial unit where the assets of the deceased are located (city, commune, county).

📌 What is the law applicable to inheritance?

In the case of an inheritance left by a foreign citizen, the first step is to check the applicable law in that situation. For example, in the case of the death of a Turkish citizen who lived in Romania, it must be clarified whether Romanian or Turkish law will apply.

Generally, Romanian law applies if the deceased was domiciled in Romania or in the case of inherited assets located on the territory of the country. There is also the possibility that the deceased may have chosen an applicable law and mentioned it in the will. There is also the possibility that the law applicable to an inheritance will be decided by an international convention to which the Romanian state is a party.

To find out what the applicable law is in such a case, we recommend that you contact an inheritance specialist.

📌 Inheritance by will

The person leaving the will has the possibility to choose one or more heirs, who may or may not be related to him.

To be considered valid, the will must be drawn up in one of the following forms:

1. Holographic (handwritten) will

A handwritten document that is dated and signed by the person who wants to leave their inheritance. Although it has legal value, it can, in some cases, be relatively easily challenged in court and declared null, by certain heirs who are not satisfied with its content.

2. Privileged (notarial)  will

The notarial will has a greater legal value than the holographic one, because it is concluded by a public notary, in the presence of two witnesses, and is kept in the notarial archives. In order for the document to be legally valid, the notary will ensure that the person who leaves his/her inheritance is of full mental capacity and that the content of the will does not contain elements that violate the law.

⚠️ ATTENTION!

Regardless of whether the deceased left a will or not, there are several categories of persons who, according to Romanian law, cannot be excluded from the inheritance. 

These categories are thus protected by law from all kinds of actions that would have left them without succession rights (e.g. the deceased disinherited you or left an inheritance to other people more than they should, etc). They are called forced heirs and are:

• Descendants of the deceased, without limit in the degree of kinship (children, children's grandchildren, children's great-grandchildren, etc.);

• Spouse of the deceased (if not predeceased);

• The parents of the deceased, if they are still alive, and the deceased had no children.

If you are a forced heir, you are entitled, according to the law, to compulsorily receive half of the share to which you would have been entitled according to the legal inheritance. The reserved portion of the succession is the part of the inheritance to which forced heirs are entitled, even against the wishes of the deceased.

📌 How is succession done if Romanian law is applicable?

STEP 1 - Following the death, you must obtain a notification regarding the opening of the succession procedure, which is issued by the Civil Registry Office from the deceased’s place of residence, based on the following documents:

• Application form;

• Original death certificate of the deceased for whom the succession is done;

• Tax attestation certificate in original, issued in the name of the deceased by the Directorate of Local Taxes, certifying that there are no debts to the local budget;

• Birth certificate and, where appropriate, marriage certificate for all heirs, accompanied by their identity documents;

• Ownership documents for all goods that are the subject of the succession: sale/purchase documents, title deeds, minutes, shareholder certificates, loan contracts, etc.;

• The will, if any.

STEP 2 - the actual succession procedure can take place at the notary, if all the heirs agree to the proposed division. 

📌 Succesiunea în fața notarului

For the inheritance procedure, you can choose any notary who works in the area where the deceased had his domicile. In the case of the Municipality of Bucharest, you can choose any notary office, regardless of the sector (district) the deceased used to live in. 

At the notary, you will need the following documents in original:

• Death certificate;

• Identity documents of all heirs;

• Birth and marriage certificates of the heirs, as applicable;

• Court orders or divorce certificates of the heirs, where applicable;

• Surviving spouse's birth and marriage certificate, spouse's death certificate, divorce sentence or divorce certificate, as applicable;

• Administrative name change certificate, where applicable;

• Successor option statements, as applicable;

• Power of attorney in authentic form of the persons authorized to represent the heirs at the succession, if they cannot attend it;

• The will, if any.

In addition, you must bring documents for all assets that are part of the inheritance - for example, sales contracts, registration documents, tax attestation certificates, etc.

Two witnesses from outside the family who knew the deceased and who are aware of his heirs must be present at the succession.

If the succession is debated in front of a notary, the heirs will have to pay a fee, calculated according to the value of the inheritance.

📌 Succession in court

Succession will take place in court when:

• One or more heirs is/are not found; 

• The heirs do not agree with the proposed division. 

If the inheritance is contested in court, the heirs will have to pay a stamp duty of 3% of the value of the inheritance.

Regardless of whether the inheritance is debated in court or at the notary, in order to receive the assets, the heirs will have to pay a series of fees and taxes, which will be divided proportionally among all the beneficiaries.

📌 What is the law applicable to inheritance?

In the case of an inheritance left by a foreign citizen, the first step is to check the law that is applicable in that situation. For example, in the case of the death of a Turkish citizen who lived in Romania, it must be clarified whether Romanian or Turkish law will apply.

Generally, Romanian law applies if the deceased was domiciled in Romania or in the case of inherited assets located on the territory of the country. There is also the possibility that the deceased may have chosen an applicable law and mentioned it in the will. It is also possible  that the law applicable to an inheritance will be decided by an international convention to which the Romanian state is a party.

To find out what the applicable law is in such a case, we recommend that you contact an inheritance specialist.

📌 Legal inheritance

All assets from the inheritance which are not covered by a will for which there is no will are subject to legal inheritance. 

📌 Who can be a legal heir? 

The following categories of persons can be legal heirs:

• First class - Children of the deceased (whether biological or adopted), grandchildren or great-grandchildren;

• Second class - Parents, siblings and their descendants;

• Third class - Grandparents or great-grandparents;

• Fourth class - Aunts, uncles, first cousins ​​or siblings of grandparents, up to the fourth degree of consanguinity.

The inheritance is allotted to the heirs based in the order of the class of heirs they belong to. Lower numbered classes disinherit higher numbered classes. For example, the son of the deceased will exclude his parents and uncles from the inheritance. 

If the deceased has no children - they have died or they decide to give up their rights - the inheritance will go to the relatives from the 2nd class, and this pattern is repeated until the 4th class is reached.

Heirs who have the same degree of kinship with the deceased receive equal shares of the inheritance.

ATTENTION! The husband or wife of the deceased (if he/she did not die before him), also called the surviving spouse, is in a special category, which always receives a part of the inheritance, regardless of which class the other heirs belong to.

The law protects the surviving spouse by allowing him/her to live free of charge in the property he/she shared with the deceased, if he/she has no other property to move to. The right of residence is extinguished upon division, but not earlier than one year from the date of the start of the inheritance.

If none of the relatives listed above wants to take possession of the deceased's estate, all assets are transferred to the commune, city or municipality in whose territorial area the respective assets were located when the inheritance was opened.

📌 Steps you need to follow during a succession procedure

STEP 1 - Following the death, you must obtain a notification regarding the opening of the succession procedure, which is issued by the Civil Registry Office from the deceased’s place of residence, based on the following documents:

• Application form;

• Original death certificate of the deceased for whom the succession is done;

• Tax attestation certificate in original, issued in the name of the deceased by the Directorate of Local Taxes, certifying that there are no debts to the local budget;

• Birth certificate and, where appropriate, marriage certificate for all heirs, accompanied by their identity documents;

• Ownership documents for all goods that are the subject of the succession: sale/purchase documents, title deeds, minutes, shareholder certificates, loan contracts, etc.;

• The will, if any.

STEP 2 - the actual succession procedure can take place at the notary, if all the heirs agree to the proposed division. 

📌 Succession at the notary

For the inheritance procedure, you can choose any notary who works in the area where the deceased had his domicile. In the case of the Municipality of Bucharest, you can choose any notary office, regardless of the sector (district) the deceased used to live in. 

At the notary, you will need the following original documents:

• Death certificate;

• Identity documents of all heirs;

• Birth and marriage certificates of the heirs, as applicable;

• Court orders or divorce certificates of the heirs, where applicable;

• Surviving spouse's birth and marriage certificate, spouse's death certificate, divorce sentence or divorce certificate, as applicable;

• Administrative name change certificate, where applicable;

• Successor option statements, as applicable;

• Power of attorney in authentic form of the persons authorized to represent the heirs at the succession, if they cannot attend it;

• The will, if any.

In addition, you must bring documents for all assets that are part of the inheritance - for example, sales contracts, registration documents, tax attestation certificate, etc.

Two witnesses from outside the family who knew the deceased and who are aware of his heirs must be present at the succession.

If the succession is debated in front of a notary, the heirs will have to pay a fee, calculated according to the value of the inheritance.

📌 Succession in court

Succession will take place in court when:

• One or more heirs is/are not found; 

• The heirs do not agree with the proposed division. 

If the inheritance is contested in court, the heirs will have to pay a stamp duty of 3% of the value of the inheritance.

Regardless of whether the inheritance is debated in court or at the notary, in order to receive the assets, the heirs will have to pay a series of fees and taxes, which will be divided proportionally among all the beneficiaries.

To request burial services, you must contact the administration of the cemetery where you want the deceased to be buried.

The burial of the deceased is done only on the basis of the  death certificate and the burial certificate, which must be submitted to the cemetery administration. If the declarant of death no longer has the burial certificate (it was lost or destroyed), the civil registry officer issues a duplicate, upon request.

📌 The cemetery administration may also request the following documents:

• The deed of concession of the burial place (tomb) where the person will  be buried;

• The identity document of the holder of the concession over the place (tomb) where the person will be buried;

• In some cases, if you wish to deposit the deceased in the chapel, the embalming certificate issued by the coroner or by the funeral home, as appropriate.

Everyone has the right to a decent burial. When choosing the place of burial and organizing the funeral services, the relatives of the deceased and the providers of the funeral services are obliged to collaborate with each other. They must also take into account the deceased’s wishes, as expressed during his/her lifetime or through the will.

If the deceased did not express his/her wish regarding the burial, the place and method of the burial are decided by the person, the family or the authority responsible for the funeral.

The funeral ceremony can be religious or secular. The religious burial takes place in compliance with the canons, local customs, traditions and regulations of the respective cult. In the case of a secular funeral, the organizers determine the manner in which the funeral profession will take place. 

In the case of the death of a person without close relatives it is important to note that, before the death, the person has the possibility to draw up a will and indicate any person who will take care of the funeral (such as a close friend).

If there is no such act, the obligation to take care of the funeral of the deceased falls to the town hall of the city / commune where the death was registered. 

If a Romanian citizen died outside Romania, the death must be registered with the competent authorities (town hall etc.) in the country where the person died.

• The death can also be registered at the Romanian embassy or consulate in the country where the death happened, but this is not mandatory in order to be able to perform the repatriation service in Romania.

• The Romanian death certificate can also be issued by the Romanian Consulate in the territory of the country where the death took place. For this, it is necessary for the death to be registered at the Embassy or Consulate. Then it will be possible to obtain the Romanian Death Certificate by transcribing the act in the Romanian civil status registers.

In order to repatriate the body of the deceased to In order to bring deceased persons to Romania,you need it is needed to have the approval of the consular office of Romania in the respective country, the approval of the public health authorities, as well as the declaration of receipt from the administration of the cemetery where the burial takes place.

• The request for the approval of the transport of the coffin holding the dead body in Romania is addressed by a family member or by a representative of the funeral company that handles the transport to the consular office in whose consular jurisdiction the death took place.

• The funeral transport must be accompanied by a mortuary passport certifying that the deceased can be repatriated to the country of origin.

• This service can be requested at the consular office or by post.

If the deceased was cremated in the country where the death occurred, only the death certificate and the cremation certificate are required for the transport of the funeral urn (consular office approval is not required). However, it should considered that, if the urn is to be buried in Romania, and the deceased held Romanian citizenship at the time of death, the family will have to register the death in the civil status records in Romania, by transcription/registration, and obtain an equivalent certificate Romanian, which will be necessary for officiating the funeral service.

Cremation of deceased persons is done only on the basis of the death certificate that is presented to the crematorium administration. The certificate must mention that the deceased can be cremated.

After drawing up the death certificate, the civil registry officer issues to the declarant a cremation certificate, in a single copy. If the declarant of death no longer holds the cremation certificate (it was lost or destroyed) at his request, the civil registry officer issues a duplicate.

Cremation can only take place in a licensed crematorium and the crematorium administration keeps a copy of the death certificate.

For the cremation of a foreign person who died in Romania or in the case of a foreign person who died in another country and was transported to Romania, the approval of the consular office in Romania of the country of which the deceased person was a citizen of is required. In its absence thereof, you are required the approval of the competent authorities from the last residence of the deceased person. You can consult the list of diplomatic missions (embassies, consulates) to Romania here.

After drawing up the death certificate, the civil registry officer issues to the declarant a cremation certificate, in a single copy. If the declarant of death no longer holds the cremation certificate (it was lost or destroyed) at his request, the civil registry officer issues a duplicate.

Unidentified deceased persons cannot be cremated.