Rights and obligations in Romania for succession

Inheritance between spouses is a sensitive and complex subject, regulated in detail by the Romanian Civil Code.

In Romania, the succession process is carried out under the strict supervision of the law, which establishes the rights and obligations of the heirs, including the surviving spouses.

Rights of surviving spouse

1. The right to legal inheritance: In the absence of a will, the surviving spouse is one of the legal heirs, along with the children and, if applicable, the parents of the deceased. The share due to the husband depends on the number and quality of the other heirs.
2. The right to a reserved heritage: The surviving spouse is entitled to a portion of the inheritance, which cannot be removed even by will. This part is determined by law and depends on the number of other heirs.
3. The right to use the home: Regardless of the share of the inheritance, the surviving spouse has the right to live in the family home until the end of life, if it is not divided among other heirs.

Obligations of surviving spouse

1. Payment of inheritance debts: The surviving spouse contributes to the payment of the debts left by the deceased in proportion to his share of the inheritance. This aspect is essential to complete the succession process.
2. Care of inherited property: Until the partition is completed, the surviving spouse must carefully manage the inherited property, being liable for any damage or loss.

The succession process

Succession in Romania can begin through the notarial or judicial procedure, depending on the complexity of the situation and the existence of a will. The surviving spouse must submit the succession application to the notary public in whose territorial radius the last residence of the deceased was located. The list of required documents includes the death certificate, marriage certificate, will (if any), and other documents certifying the right to inheritance.

Final considerations

Inheritance between spouses can involve many legal complications, from the proper valuation and division of assets to managing potential conflicts between heirs. That’s why consulting a probate attorney is often essential to successfully navigating this complex process. These rules are intended to ensure an orderly transition of the estate and protect the rights of each heir, while also guaranteeing the protection of the surviving spouse