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.