Succession at a Notary 2026: The Certificate of Heir, Steps, Costs, and Deadlines

Contents

• What succession is and when it must be settled
• Which notary handles the succession
• What documents are required for succession in 2026
• Succession at a notary 2026: how much it costs (fees and charges)
• The 2-year deadline and the 1% tax
• Steps at the notary: the procedure step by step
• What to do if disputes arise between heirs
• Frequently Asked Questions (FAQ)
• Summary
• Related Articles

Introduction

We know that you are going through a difficult time. After the loss of someone dear, grief is bound up with a long list of formalities, and one of the most intimidating is settling the inheritance. We understand how exhausted and overwhelmed you may feel — it is not easy to think about paperwork and fees when all you want is a little peace and time with your family.

That is exactly why we have prepared this guide on succession at a notary in 2026: we explain, calmly and step by step, what settling a succession involves, which notary to go to, what documents to prepare, how much the certificate of heir costs and — very importantly — which deadlines matter: the 1-year option deadline and the 2-year tax window, after which the 1% tax on real estate applies.

This guide is written for relatives — most often the surviving spouse or the deceased's children — who need to settle what happens to a home, a plot of land, a car, or bank accounts. The information is indicative and updated as of July 2026; we always recommend confirming it with your notary, because the fee schedule and tax rates can change. If you are only now going through the very first steps, our guide on the first steps after a death may also help.

Throughout these formalities, some families choose to keep the memory of the person who has gone in a digital memorial on Kinmory — a calm place where photographs and memories are gathered, which relatives can access at any time, from anywhere.

What succession is and when it must be settled

Succession (or settling the inheritance) is the procedure by which it is officially established who the heirs of a deceased person are and what assets pass to each of them. It concludes with the certificate of heir, the document that allows you to transfer into your own name the deceased's real estate, land, car, or accounts. Without it, you cannot legally dispose of these assets.

Most people associate succession with the notary, and rightly so: in the absence of any conflict, the notarial succession procedure is the normal route, faster and cheaper than going through the courts. The notary verifies who the heirs are, draws up an inventory of the estate (assets and liabilities) and issues the certificate. The procedure is governed by the Civil Code and by Law no. 36/1995 on notaries public and notarial activity (source: the Legislative Portal, legislatie.just.ro — updated July 2026).

The right moment to begin is not immediately after the funeral, but neither should it be left too late. In practice, most families open the succession within the first few months, once they have obtained the death certificate and gathered the ownership documents. Two dates matter above all, and we explain them below: the 1-year option deadline and the 2-year tax window.

The difference between certificate of heir, certificate of heir status, and supplementary certificate

There are three different documents, easy to confuse. The certificate of heir is the 'complete' one, establishing both who inherits and which assets are involved. The certificate of heir status attests only who the heirs are, without listing the assets. The supplementary certificate is issued later, when assets unknown at the first settlement come to light.

The wording is indicative; the exact classification of your case is made by the notary (source: the Civil Code; UNNPR — unnpr.ro; updated July 2026).

The 1-year succession option deadline

Every heir has a right of option: they may accept or renounce the inheritance. This right must be exercised within 1 year from the date of death, in accordance with art. 1103 of the Civil Code (source: the Civil Code, art. 1100–1103 — legislatie.just.ro; updated July 2026). If you let the year pass without accepting, you risk forfeiting the right of option, that is, losing your status as heir. That is why, even if you have not yet gathered all the ownership documents, it is prudent to go to the notary in good time to make the option declaration.

Which notary handles the succession

The succession is opened at a notary public within the jurisdiction of the district court for the deceased's last domicile — not where the heirs live. The rule is set by art. 954 of the Civil Code and by Law no. 36/1995 (source: legislatie.just.ro; updated July 2026). Within the limits of that same jurisdiction, you are free to choose the notary's office.

In other words, if your parent's last domicile was in Cluj-Napoca, the succession is settled at a notary within the area of the Cluj-Napoca district court, even if you live in Bucharest or abroad. This rule prevents two parallel files being opened for the same person and establishes a single competent office. If the deceased died abroad but had their last domicile in Romania, the competent notary remains the one at that domicile; for the transcription of civil status documents, see also the guide on the death certificate.

How to check whether the succession has already been opened

Before beginning, the notary is obliged to check the national registers kept by the Union of Notaries. This is how duplicate files are avoided and any will is discovered.

• RNES / RNNEM — the National Notarial Register of Successions: shows whether the file has already been opened at another notary.
• RNNELR — the National Notarial Register of Liberalities (wills): shows whether the deceased left an authenticated will.

These checks are carried out electronically, through the Infonot system of the National Centre for the Administration of National Notarial Registers (source: infonot.ro; updated July 2026). You do not need to do anything special — it is the notary's step — but it is useful to know that, if relatives have already started a succession in another city, it will show up in the system.

What documents are required for succession in 2026

To settle the succession in 2026 you need three categories of documents: documents about the death and kinship, the heirs' identity documents, and documents proving ownership of the assets. The exact list is given to you by the notary's office when you make the appointment, but those below are almost always required.

General documents (almost always required):

• The death certificate of the deceased (certified copy) — the starting document; see how to obtain it in the guide on the death certificate in Romania;
• The identity documents of all the heirs (identity card or passport);
• Proof of kinship — birth and, where applicable, marriage certificates, which prove the connection with the deceased;
• The will, if one exists (authenticated or holographic);
• The fiscal certificate issued by the town hall (Directorate for Local Taxes and Charges), attesting that there are no debts to the local budget on the deceased's assets;
• The details of two witnesses who know the family (in many cases, the notary requires them).

In addition, each type of asset requires a specific document proving the ownership right. The following table helps you prepare the file without extra trips.

Table 1 — Documents required by type of asset

Indicative source: current notarial practice and the UNNPR fee schedule (unnpr.ro); confirm the final list with the notary. Updated July 2026.

Succession at a notary 2026: how much it costs (fees and charges)

The cost of a succession in 2026 is made up mainly of the notary's fee (calculated according to the UNNPR minimum fee schedule, based on the value of the inheritance), the VAT of 21% applied to the fee and, for real estate, the registration fee of approximately 0.15%. If the procedure is carried out more than 2 years after death, the 1% tax on real estate is added as well. All amounts are indicative.

The notary's fee is not fixed but proportional to the value of the estate, according to the schedule set by the National Union of Notaries Public of Romania (UNNPR) (source: unnpr.ro; updated July 2026). On top of the fee, VAT of 21% applies — the standard rate raised from 19% to 21% as of 1 August 2025 (source: the Fiscal Code / ANAF — anaf.ro; updated July 2026). For real estate, entering the ownership right in the Land Registry involves a registration fee of about 0.15% of the value, collected by ANCPI/OCPI (source: ancpi.ro; updated July 2026).

To give you a sense of it, the table below illustrates a simplified case: a flat valued at 300,000 lei, inherited by two children, settled within the 2 years. The figures are illustrative and may differ from case to case.

Table 2 — Example cost calculation (flat 300,000 lei, 2 heirs)

The figures are indicative and serve as an example. The actual fee is set by the notary on the UNNPR schedule, based on the value and composition of the inheritance. Source: UNNPR (unnpr.ro), the Fiscal Code/ANAF (anaf.ro), ANCPI (ancpi.ro); the rate for the certificate of heir status comes from commercial notarial sources and is indicative. Updated July 2026 — always ask the notary for a quote.

For comparison, these costs are usually far lower than the expense of the funeral itself; you can see the orders of magnitude in the guide on how much a funeral costs in Romania in 2026. Part of these expenses may be covered by the state funeral benefit, which is, however, a benefit separate from the succession procedure.

The 2-year deadline and the 1% tax

The rule worth remembering is simple: if you finalise the succession within the first 2 years of the date of death, you pay no tax on the inherited real estate; if you finalise it more than 2 years later, a tax of 1% of the value of the real estate is due. The provision is found at art. 111 of the Fiscal Code (source: the Fiscal Code — ANAF, static.anaf.ro; updated July 2026).

It is important to underline what does and does not fall under this tax. The 1% tax applies to real estate: flats, houses, and land. It does not apply to cars, bank accounts, shares, or private pensions. So if the inheritance contains no real estate, the 2-year deadline does not affect you financially — although the 1-year succession option deadline remains valid in any case.

Source: the Fiscal Code, art. 111 (ANAF — anaf.ro); updated July 2026. The exact amount of the tax is set in relation to the value of the property — confirm it with the notary and with ANAF.

Practical advice, gently offered: even if grief makes you put off the formalities — an entirely natural reaction — try not to exceed the 2-year window when the inheritance includes a home or a plot of land. A 1% tax on a flat can mean several thousand lei that could be avoided.

Steps at the notary: the procedure step by step

The notarial succession procedure usually runs through seven steps, from obtaining the death certificate to registering the property. You do not have to do them all in a single day; what matters is following the right order and meeting the deadlines. Below you will find the whole sequence, in brief.

1. Obtaining the death certificate — the first document in the file, issued by the Civil Registry (Starea Civilă). Details in the guide on the death certificate. Ask for several certified copies from the outset.
2. Choosing the competent notary — a notary within the jurisdiction of the district court for the deceased's last domicile (art. 954 of the Civil Code; Law no. 36/1995).
3. Scheduling and the succession option declaration — at the first meeting, the heirs declare whether they accept or renounce the inheritance; the option deadline is 1 year (art. 1103 of the Civil Code).
4. Filing the documents and checking the registers — file the complete set; the notary checks the RNES (file already opened?) and the RNNELR (a will?).
5. Declarations by the heirs and witnesses — who the heirs are and the composition of the estate are established; two witnesses are often required.
6. Issuing the certificate of heir — the final document, which attests who inherits and exactly what.
7. Registration in the Land Registry — for real estate, the right is entered at the OCPI; the fee is approximately 0.15% of the value (ANCPI). Only then can you sell or mortgage the property.

In the absence of any disagreement between the heirs, the whole process can take from a few days to a few weeks, depending on the complexity of the inheritance and how quickly you gather the ownership documents.

What to do if disputes arise between heirs

If the heirs do not agree — on who the heirs are, the composition of the assets, or the way they are divided — the notary cannot issue the certificate, and the succession becomes contentious and is resolved in court, at the competent district court. The judicial procedure is governed by the Code of Civil Procedure (source: legislatie.just.ro; updated July 2026) and usually involves more time and greater costs.

In practice, the most frequent situations that block the notarial settlement are: an heir who refuses to appear, disagreement over the value or existence of certain assets, and the contesting of a will. In these cases, any of the heirs can ask the court for the partition of the estate — the division of the assets by court judgment. The court may order the sale of an asset and the division of the proceeds when division in kind is not possible.

Even when relations are strained, it is worth first trying the notarial route or mediation: they are faster, cheaper, and less emotionally painful than a trial. An experienced notary can help the family find an amicable solution before reaching the courtroom.

Frequently Asked Questions (FAQ)

How much does a succession cost in 2026?

The cost of a succession in 2026 depends on the value of the inherited assets. The notary's fee is calculated according to the UNNPR minimum fee schedule, to which VAT of 21% is added. For an average-value flat, with two heirs, the fee is approximately 1,200–2,000 lei plus VAT. If the succession is settled more than 2 years after death, the 1% tax on real estate is added. The amounts are indicative — ask the notary for a quote.

How long after death must the succession be settled?

The law does not set a fixed deadline for finalising the succession, but it does provide a succession option deadline of 1 year from the date of death (art. 1103 of the Civil Code), within which the heirs must accept or renounce the inheritance. In addition, if you settle the succession within the first 2 years of death, you pay no tax on real estate. That is why it is best not to delay.

What happens if I do not settle the succession within 2 years?

If you finalise the succession more than 2 years after death, a tax of 1% of the value of the inherited real estate is due (art. 111 of the Fiscal Code). The tax applies to flats, houses, and land, but not to cars or bank accounts. The succession remains possible after 2 years, but it becomes more expensive. Check the exact amount with the notary and with ANAF.

What documents do I need for the succession at the notary?

You need: the death certificate, the heirs' identity documents, proof of kinship (birth and marriage certificates), the ownership documents for the assets, a fiscal certificate from the town hall, the Land Registry extract for real estate, and the will, if one exists. The notary then checks the national registers RNES and RNNELR. The exact list is given to you by the notary's office when you make the appointment.

Can I renounce the inheritance if there are debts?

Yes. Within the 1-year option deadline, any heir can renounce the inheritance through an authenticated declaration at the notary. Renouncing is useful when the deceased's debts exceed the value of the assets, because the heir who accepts is liable for the liabilities of the estate. Renouncing is, in principle, final, so consider the situation carefully and, ideally, seek the advice of a notary or solicitor before deciding.

Summary

• The succession establishes who inherits and what assets pass to each person; it concludes with the certificate of heir, needed to transfer real estate, land, cars, and accounts.
• The competent notary is the one within the jurisdiction of the district court for the deceased's last domicile (art. 954 of the Civil Code; Law no. 36/1995).
• The option deadline is 1 year from death — accept or renounce the inheritance within this interval (art. 1103 of the Civil Code).
• The 2-year tax window: settling within the first 2 years = 0 tax on real estate; after 2 years = a 1% tax (art. 111 of the Fiscal Code). The tax does not apply to cars or accounts.
• The cost comprises the UNNPR fee + VAT of 21% + the registration fee of ≈ 0.15%; the figures are indicative, ask for a quote.
• The core documents: death certificate, identity documents, proof of kinship, ownership documents, fiscal certificate, Land Registry extract, will (if one exists).
• In the event of disputes, the file becomes contentious and moves to the district court (partition of the estate).
• The information is indicative, updated as of July 2026 — confirm it with the notary, ANAF, and the UNNPR.

Related Articles

• Death Certificate in Romania: How to Obtain It and Required Documents — the first document in the succession file.
• What to Do After a Death — The Essential Steps — a map of the first formalities.
• The Funeral Benefit in 2026 — Amount and Documents — the state's financial support, separate from the succession.
• How Much a Funeral Costs in Romania in 2026 — to compare funeral expenses with succession costs.
• Burial Plot — Price and Concession in Romania 2026 — the concession of a burial plot, a right that can be passed on within the family.

Keep your loved one's memory alive, even amid the formalities

Settling an inheritance takes time, trips, and patience. Between these administrative steps, many people feel the need for a quiet place in which to gather what truly matters: the face, the story, and the memories of the person who has gone. On Kinmory you can create a digital memorial with photographs, moments from a life, and messages from those closest to them — a space accessible at any time, from anywhere, which can also include a QR code for the monument.

While you handle the formalities — consider a digital memorial

The legal information and figures in this article are indicative and updated as of July 2026. They are based on the Civil Code (art. 954, 1100–1103), the Fiscal Code (art. 111 — ANAF), Law no. 36/1995 on notaries public, the UNNPR fee schedule, and ANCPI rates. Legislation, the fee schedule, and tax rates can change — we recommend checking your specific situation with a notary public, with ANAF, and with the Land Registry office in your locality.