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FH Tax & Law
Office in Brasov, serves Sacele, Romania

Founded in 2024
1 person in their team
Romanian
English
FH Tax & Law is the practice of Florin Hrițuliac, lawyer at the Brașov Bar, tax adviser registered with the Romanian Chamber of Tax Advisers (CCF, no. 8191) and forensic tax expert authorised by the Romanian Ministry of Justice, including for transfer pricing. Tax law is the core of the...
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Romania Private Client Legal Questions answered by Lawyers

Browse our 1 legal question about Private Client in Romania and read the lawyer answers, or ask your own questions for free.

Inheritance rights to my mother's late father's house
Private Client
My mother lives in Romania. The house has remained in her late father's name, and he did not transfer it to anyone before he died. She was the only person who cared for him, and all of her brothers and sisters have died. She has lived in the house all... Read more →
Lawyer answer by FH Tax & Law

Very likely, yes, but the answer depends on dates and on what happened after your grandfather's death.   Under Romanian law, your grandfather's children inherit his estate in equal shares. Where one of his children died before him, that child's descendants...

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1 answer •

How inheritance and estate matters are handled in Săcele

In Săcele, succession matters usually begin with a Romanian notary, not a probate court. The notary can establish the heirs, identify estate assets and issue an inheritance certificate when the interested parties agree and the required evidence is available.

A lawyer can advise on wills, inheritance rights, gifts, matrimonial property and disputes. For a home or land in Săcele, the work may also involve checking title documents and land book entries held by the Brașov cadastral and land registration office.

The notary’s territorial competence generally depends on the deceased person’s last domicile. For a Săcele matter, confirm the competent Brașov-area notarial office before opening the file. A court may be needed if the heirs dispute entitlement, the will or the estate’s assets.

When you may need a lawyer

  • A relative has died and heirs disagree about a house, land or other property in Săcele, or about the validity of a will.
  • Older ownership documents do not match the current land book record, or a property has not been properly registered or measured.
  • You need to understand whether a spouse, child or other relative has inheritance rights, or whether a gift made before death affects the estate.
  • You are considering a will, lifetime gift or change to a matrimonial property arrangement and want advice on its legal consequences.
  • An heir lives abroad, cannot attend the notary in person, or needs foreign documents translated, authenticated or used in Romania.
  • The succession has not been settled promptly, and you need to check acceptance deadlines, tax consequences or the steps to transfer inherited property.

Romanian laws that apply to succession and estate planning

  • Law No. 287/2009 on the Civil Code: In force from 1 October 2011, it governs inheritance, wills, gifts, family property arrangements and related civil rights.
  • Law No. 36/1995 on Notaries Public and Notarial Activity: It governs notarial work, including the notarial procedure for settling an undisputed succession. It has been amended over time, so the current consolidated text should be checked for a live matter.
  • Law No. 227/2015 on the Fiscal Code: In force from 1 January 2016, it contains tax rules relevant to transfers on death. Under the Code, a 1% tax may apply to inherited immovable property when the succession is completed more than two years after death, subject to the applicable rules.

Frequently asked questions

Do I need a lawyer to settle an inheritance in Săcele?

No, Romanian law does not generally require heirs to hire a lawyer for an undisputed notarial succession. A lawyer can be useful where there is disagreement, unclear title, a foreign element or uncertainty about deadlines and tax.

What does a notary do, and what does a lawyer do?

The notary handles the formal succession procedure and may issue an inheritance certificate when the legal conditions are met. A lawyer advises and represents a client, reviews documents and can assist with negotiations or court proceedings if a dispute arises.

Which notary should handle a Săcele succession?

Territorial competence generally follows the deceased person’s last domicile, rather than the location of every asset. Ask a notarial office or the National Union of Notaries Public of Romania to confirm which office can open the file.

Who may inherit under Romanian law?

Inheritance may pass under a valid will or under the Civil Code’s rules for legal heirs. A surviving spouse and relatives may have rights, and certain close family members may be entitled to a reserved share despite a will.

What documents are usually needed?

Common documents include the death certificate, identity and civil-status records for heirs, the will if one exists, and proof of ownership for estate assets. For Săcele property, the notary may also need land book or cadastral information and municipal tax records.

How long do I have to accept an inheritance?

The Civil Code generally provides a one-year period to exercise the option to accept or renounce an inheritance, with statutory exceptions and rules affecting how the period is calculated. Obtain advice promptly because the facts and any prior acts can matter.

Can a handwritten will be valid in Romania?

A holographic will must be written entirely by hand, dated and signed by the testator. Other formal requirements apply to other types of wills, so have the document reviewed before relying on it.

What happens if the heirs disagree?

A notary can settle an undisputed succession, but a substantive dispute about heirs, a will or estate assets may require court proceedings. A lawyer can assess the evidence and explain whether negotiation, notarial steps or litigation is appropriate.

How much does settling an inheritance cost?

Notarial fees depend on the work involved and the value and nature of the estate, with additional expenses potentially applying. Lawyer fees are agreed separately, so request a written estimate that identifies the work covered and likely additional costs.

How long does the process take?

A straightforward file may be completed in weeks once the documents are available and the heirs agree. Missing records, property registration issues, a disputed will or absent heirs can extend the process substantially.

Does a late succession create a tax charge?

A 1% tax may apply to inherited immovable property if the succession is completed more than two years after the date of death, under the Fiscal Code’s applicable rules. Ask the notary or a tax adviser to confirm the calculation and whether it applies to the estate.

Can an heir who lives abroad take part?

Living abroad does not by itself prevent someone from inheriting. The notary may require foreign civil-status or identity documents in an accepted form, with translations or authentication where applicable, and may allow representation through a properly prepared power of attorney.

Official resources

  • Săcele City Hall: Its relevant offices can provide municipal records and information on local property tax accounts and civil-status documents.
  • Brașov Office of Cadastre and Land Registration: The county office handles land book and cadastral records for properties within its area.
  • National Union of Notaries Public of Romania: Its official resources can help locate notarial offices and clarify where to direct a succession enquiry.

Next steps

  1. Within the next few days, list the deceased person’s last domicile, known heirs, assets, debts and any will or gift documents.
  2. Collect identity and civil-status records, death records, property deeds and available Săcele land book or cadastral information. Ask the relevant public offices how to obtain missing records.
  3. Contact a notarial office or the National Union of Notaries Public of Romania to confirm territorial competence and the documents needed to open the succession file.
  4. If there is a dispute, foreign element, unclear title or concern about a deadline, arrange an initial consultation with a Romanian lawyer promptly.
  5. Compare lawyers by relevant succession or property experience, language capability, availability and a written fee proposal. Ask who will handle the work and what costs are excluded.
  6. Agree the scope and fee in writing, provide copies of the documents, and keep originals available for the notary or court when requested.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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