# Opening of an Estate in Romania: What the Law Says, Risks, and Practical Steps

- **Author:** Paula Florea
- **Date:** 2024-06-05
- **Category:** learning
- **Canonical URL:** [https://florea-partners.com/news/how-to-open-inheritance-and-what-you-need-to-know](https://florea-partners.com/news/how-to-open-inheritance-and-what-you-need-to-know)

> An in-depth guide for heirs on opening an estate in Romania, succession deadlines, debt risks, and the options available to heirs.

In Romania, an estate is opened **automatically upon a person’s death**. This moment creates rights and responsibilities for heirs, and failure to properly exercise the inheritance option may lead to serious legal consequences.

## What Opening an Estate Means

The law provides that an estate is opened:

- at the last domicile of the deceased  
- before the competent notary public or court  
- as of the date of death, regardless of whether the heirs are aware of it  

From this moment, the **legal deadline for exercising the inheritance option** begins to run.

## The Inheritance Option – Steps and Deadlines

Heirs have **one year from the date of death** to decide whether to:

- **accept the inheritance outright**  
- **accept it under the benefit of inventory**  
- **renounce the inheritance**

### What Each Option Means

- **Outright acceptance:** the heir is liable for the **debts of the deceased**, including those exceeding the value of the inherited assets.  
- **Benefit of inventory:** liability is limited to the value of the inherited assets.  
- **Renunciation:** the heir forfeits any claim in the succession.

### Practical Risks

- Failure to exercise the option within the deadline results in a **loss of inheritance rights**.  
- Acceptance without proper assessment may expose the heir to **unexpected debts** or disputes among heirs.

## Recommended Steps

1. Request a **certificate of inheritance** from a notary.  
2. Conduct an **assessment of the estate’s assets and liabilities**.  
3. Choose the form of acceptance appropriate to your situation.

## Conclusion

The inheritance option is a critical legal instrument and must be properly understood: a wrong decision can turn an inheritance into a financial burden. Plan your decision with a lawyer specialized in succession law before the deadline expires.