Introduction
We know that talking about a will is really talking about parting: about the people we love, about what remains after us, and about the wish not to leave quarrels behind. It can be just as hard to find an envelope with a will among a parent's papers and not know whether it counts for anything. This guide explains, in plain words and step by step, how wills in Romania work.
In short: the Civil Code recognises two usual forms, the handwritten will (testament olograf) and the notarial will (testament autentic), made before a notary. For the notarial will the minimum fee is 130 lei, plus a filing charge and VAT. Whichever form you choose, you cannot leave your whole estate freely if you have a spouse, children or parents who are reserved heirs.
Below you will find the forms of a will, the 2026 notary fees, the reserved share worked out with examples, where a will is kept and searched for, how it is changed or challenged, special situations (living abroad, funeral wishes) and a plan in six steps. The text is informative; for your own case, a notary public (notar public) can guide you.
If you also think about how you would like to be remembered, a memory page on Kinmory can gather photographs and the story of a life in one place, as a gesture about memory rather than property.
Wills in Romania: the handwritten, notarial and privileged forms
The Civil Code recognises two usual forms of will: the handwritten one, written entirely, dated and signed in the testator's own hand, and the notarial one, made before a notary (article 1,040). Privileged wills are made only in exceptional circumstances. If a formal requirement is missing, a handwritten will is void for absolute nullity (article 1,041).
| Criterion | Handwritten will | Notarial will | Privileged will |
|---|---|---|---|
| Where it is made | Anywhere, by the testator, without a notary | At a notary, with 1 or 2 witnesses if the testator wishes | Before an official of the local authority (epidemics, disasters, war), the commander of a ship, aircraft or military unit, or the chief physician of a medical institution |
| Formal requirements | Written entirely by hand, dated, signed (article 1,041) | Dictated to the notary, read back, confirmed as the last will, signed (articles 1,043–1,044) | Always 2 witnesses; signed by the testator, the person receiving it and the witnesses (article 1,047) |
| Cost of making it | Nothing | Minimum fee of 130 lei, plus filing and VAT | Not made at a notary |
| Risks | Loss, concealment, forgery, defects of form, challenges to the handwriting | Fewest defects of form; the original stays in the notary's archive | Lapses 15 days after the testator could have made a will in an ordinary form (article 1,048) |
| After death | Presented to a notary, who opens it, endorses it as unaltered and validates it (article 1,042) | The notary finds it in the national register (article 1,046) | The notary opens it and endorses it in the succession procedure (Law no. 36/1995, article 107) |
If a will is void because of a defect of form, it can still take effect when it meets the requirements of another form of will (article 1,050). Do not rely on this exception, however.
Who can make a will
To make a will you need full legal capacity and the ability to understand what you are doing. Full capacity begins at 18 (article 38); a minor acquires it by marriage (article 39), and the guardianship court may recognise it from the age of 16 for good reasons (article 40). A minor with limited capacity cannot give away property by gift or will, except where the law allows (article 988). A will is valid only if the testator had discernment and their consent was not vitiated (article 1,038).
Two people, such as spouses, cannot make a joint will, either in favour of each other or of a third party: each makes their own, otherwise the deed is void for absolute nullity (article 1,036).
How much a will costs at a notary in 2026
For a notarial will, the minimum fee is 130 lei, to which a filing charge of 10 or 20 lei and 21% VAT are added if the office is VAT-registered. The floor comes from Order of the Minister of Justice no. 177/C/2024; in practice, offices usually ask for more.
The order sets minimum fees, not a fixed price: a notary cannot go below them (failure to observe them is a disciplinary offence), while in practice the prices asked are higher. The table lists the amounts related to wills in force on 30 October 2026, excluding VAT.
| Deed or service | Minimum fee (lei, excl. VAT) | Worth knowing |
|---|---|---|
| Authenticating a will | 130 | Includes advice, drafting, copies for the parties and authentication |
| Authenticating a declaration revoking a will | 50 | The notary enters the revocation in the national register |
| Withdrawing a revocation of a will | Freely agreed with the notary | No minimum fee in the order |
| Filing, for each deed | 10 or 20 | 10 lei for deeds kept 10 years, 20 lei for those kept permanently |
| Taking a document into deposit | 750 (up to 1 year), 1,500 (over 1 year) | Ask the office whether this applies to a handwritten will |
| Extra copy | 5–30 | Per copy, depending on the number of pages |
A calculation with the minimum fees: 130 lei plus 10 lei filing makes 140 lei, and with 21% VAT (140 × 1.21) this gives 169.40 lei. If the 20 lei filing charge applies, 150 × 1.21 comes to 181.50 lei. A declaration of revocation, 50 lei plus filing, comes to 72.60–84.70 lei with VAT. The standard VAT rate has been 21% since 1 August 2025 (Fiscal Code, article 291).
Prices in practice are higher. Capital.ro wrote in 2026 about roughly 360–370 lei, which includes VAT and the fee for entry in the notarial register, and other press estimates go up to 400–550 lei. These are pointers from practice, not official tariffs: ask the office for the exact price before booking.
A handwritten will costs nothing to write, but it can cost money later. If the handwriting is disputed, the notary may order a handwriting expert's report (Law no. 36/1995, article 107, paragraph 4), which adds expense to the succession procedure.
What a will can and cannot do: the reserved share
You can dispose freely only of the disposable portion of your estate. A surviving spouse, children and, where there are no children, parents are reserved heirs: each is entitled to half of the statutory share they would have received without a will (article 1,088). Siblings and other relatives have no reserved share. A will that infringes it does not vanish; it is reduced, on request.
The reserved share (rezerva succesorală) is fixed by law even against the wishes of the deceased, expressed through gifts or disinheritance (article 1,086). Reserved heirs are the surviving spouse, descendants (children, grandchildren) and privileged ascendants, that is, parents (articles 1,087 and 976). Descendants exclude parents (article 975), so parents are reserved heirs only if there are no children or other descendants.
The table shows a few common situations. The fractions apply to the net value of the estate, that is, the assets minus debts, to which gifts made during life are added for the calculation only (article 1,091).
| Situation | Reserved heirs | Reserved share of the net estate | Disposable portion |
|---|---|---|---|
| One child, no spouse | The child | ½ | ½ |
| Spouse and two children | The spouse and the two children | 1/8 + 3/16 + 3/16 = ½ | ½ |
| No spouse or children; both parents alive, plus siblings | The parents (not the siblings) | 1/8 + 1/8 = ¼ | ¾ |
| Only siblings, nephews and nieces or other relatives | Nobody | 0 | The whole estate |
This is how the second row comes about, for a net estate of 400,000 lei. The spouse has ¼ of the statutory inheritance (article 972), and the two children share ¾ equally, that is, 3/8 each (article 975). Each one's reserved share is half of the statutory share: the spouse's 1/8 (50,000 lei), each child's 3/16 (75,000 lei). In total 200,000 lei, that is, half, is reserved; 200,000 lei remain disposable. The third row: if both parents and siblings are alive, the parents together take ½ of the statutory inheritance, that is, ¼ each (article 978), and their reserved share is 1/8 each.
If you have children from another marriage, there is a further limit: you may leave your spouse by gift or will no more than a quarter of the estate and no more than the child who receives least (article 1,090).
Universal legacy, legacy by universal title and particular legacy
A legatee (legatar) is the person named in a will; a statutory heir (moștenitor legal) is the person called by law, and one person can be both (article 1,102). Legacies are of three kinds:
- Universal legacy (legat universal) — one or more persons are called to the whole estate (article 1,055);
- Legacy by universal title (legat cu titlu universal) — a fraction of the estate, for example half or all movable property (article 1,056);
- Particular legacy (legat cu titlu particular) — anything else: a specific flat, a sum of money, a family heirloom (article 1,057).
In a will you can also name an executor (executor testamentar; article 1,077), who may administer the estate for up to 2 years from its opening, a period the court can extend (article 1,079).
What happens if a will exceeds the disposable portion
Gifts and legacies that infringe the reserved share are subject to reduction (reducțiune), but only on request (article 1,092). The reserved heirs, their successors and their unsecured creditors may ask for it (article 1,093), by agreement or in court (article 1,094). The right of action expires 3 years after the succession opens (article 1,095), and legacies are reduced before gifts (article 1,096).
By will you can exclude some statutory heirs (article 1,074), but a reserved heir keeps their reserved share. A clause that disinherits someone for challenging provisions that infringe the reserved share is deemed unwritten (article 1,009).
Where a will is kept and how it is found after death
A notary immediately enters a notarial will in the national notarial register of liberalities (RNNEL, Registrul național notarial de evidență a liberalităților), and the original stays in the office's archive. A handwritten will is not entered automatically when written. After death, the notary handling the succession looks for a will in the RNNEL.
The register gives information about the existence of a will only after the testator's death, proved by the death certificate (Implementing Regulation of Law no. 36/1995, article 230); the testator can obtain the information about themselves only by asking in person. For how to obtain a death certificate, see the guide to the death certificate in Romania.
For a handwritten will, the regulation does not provide for automatic entry when it is written. You can keep it at home, with someone you trust or, on request, with a notary, who accepts documents into deposit; which fee applies and what entry is made, ask the office directly.
What to do if you find a will at home
If you find a will among the papers of a deceased relative, do not alter it, do not add anything and do not "repair" it. A handwritten will must be presented to a notary before it is carried out, to be endorsed as unaltered (vizat spre neschimbare; article 1,042). The notary opens it, records its physical state in minutes and validates it in the succession file (Law no. 36/1995, article 107). Keep the original safe and take it to the notary with whom you open the succession.
The procedure itself, from documents to the certificate of heir, is described in the guide to succession at the notary in 2026. Keep one benchmark in mind: the heirs' period to accept or renounce is one year from death (article 1,103).
The story of a life, not only of property. A will settles who receives what; it is photographs, letters and stories that speak about a person. Some families gather them on a memory page on Kinmory, where relatives can be invited to add memories of their own. See what a memory page looks like
How a will is changed, revoked or challenged
A will is revocable: while you live, you can change it at any time with a new will or a notarial deed of revocation. After death a will is not "cancelled" by request. The heirs can ask the court to declare it void or to reduce gifts and legacies that exceed the disposable portion.
| What you want | How | Basis | Time limit |
|---|---|---|---|
| Express revocation | A later will or a notarial deed; a revocation made in authentic form is entered in the register | Article 1,051 | During the testator's life |
| Tacit revocation of a handwritten will | Destroying, tearing or erasing it, if the testator could have remade it | Article 1,052 | During the testator's life |
| Absolute nullity (defects of form) | Court action | Articles 1,041, 1,036, 1,249 | Can be raised at any time |
| Relative nullity (lack of discernment, defects of consent, certain legacies) | Court action | Articles 1,038, 990–991, 1,249 | 3 years (article 2,517); the start depends on the cause (article 2,529) |
| Reduction of excessive gifts and legacies | Request to the favoured beneficiaries, or court action | Articles 1,092–1,095 | 3 years from the opening of the succession |
A later will revokes an earlier one only to the extent that it contains provisions contrary or incompatible with it (article 1,052). Grounds of relative nullity include legacies made to the notary who authenticated the will, the interpreter, the witnesses or those who gave legal help in drafting it (article 991), and also fraud, even where the beneficiary did not know of it (article 1,038).
If a will affects you and the matter reaches court, a lawyer can tell you from when the time limit runs in your case. If debts or renouncing an inheritance are involved, see the guide to inheriting debts.
Special situations: Romanians living abroad and funeral wishes
If you live abroad
In the states that apply Regulation (EU) no. 650/2012, the law governing a succession is, in principle, that of the state where the deceased had their habitual residence at death (article 21). You may, however, choose the law of the state of which you are a national, by an express declaration in your will (article 22). A Romanian living in another European state can thus ask for their succession to be governed by Romanian law. What effects the choice has on the reserved share or on form depends on the law chosen, so speak to a notary before including it in a will.
Can a will contain wishes for the funeral
Yes. Anyone may decide the manner of their own funeral and dispose of their body after death (Civil Code, article 80). Law no. 102/2014 requires the place and manner of burial to follow the wishes expressed in life by the deceased, "without any change to their last wishes" (article 16); a burial may be religious or secular, preceded by cremation or not. Among those obliged to arrange the funeral, article 17 lists, after the person who undertook it by contract, "the person designated in the will of the deceased".
The law does not say in what form the wish must be expressed. Because a will may be opened only after the funeral, write your wishes down on a separate sheet too, which your family can find quickly, and talk about them with those close to you. If no wish was expressed, article 80 sets the order of those who decide: the spouse, parents, descendants and relatives up to the fourth degree; in every case the deceased's religious affiliation is taken into account. For the practical steps, see what to do after a death and how to organise a funeral.
Making a will step by step
A valid will is made in six steps, from taking stock of your property to telling someone you trust. You do not have to do them all in one day.
- Decide what you leave and to whom — List your assets (home, land, accounts, vehicles) and the people you wish to provide for, then decide what each receives and what you would like known about your funeral.
- Check who the reserved heirs are — Find out whether you have a spouse, children or, if there are no children, living parents, and work out the disposable portion: each one's reserved share is half of the share they would receive without a will.
- Choose the form of the will — A notarial will, made at a notary, is the safest; a handwritten will costs nothing to write but carries more risks of form and safekeeping.
- Go to a notary or write the will by hand — At a notary you dictate your wishes, and the notary writes them down, reads them back to you and authenticates the deed. For a handwritten will, write the whole text by hand, give the full date and sign at the end.
- Register or deposit the will — The notary enters a notarial will in the national notarial register. A handwritten will stays with you or with someone you trust or, on request, can be taken into deposit by a notary.
- Tell someone that it exists and where it is — Tell a person you trust that you have a will and where it is kept, and write your funeral wishes down in a separate document that your family can find quickly.
The Civil Code gives no model will; for a handwritten one it requires only the three formal elements of article 1,041. The provisions must be worded clearly, identifying the people and the property without ambiguity, and a notary will help you express exactly what you want.
Frequently Asked Questions
How much does a will cost at a notary?
The minimum fee for authenticating a will is 130 lei, to which a filing charge of 10 or 20 lei and 21% VAT are added if the notary's office is VAT-registered (Order of the Minister of Justice no. 177/C/2024, in force on 30 October 2026). Prices charged in practice are higher: the 2026 press mentions 360–370 lei, including VAT and the register fee. Ask the office for the exact price.
Is a handwritten will valid?
Yes, if it meets the requirements of article 1,041 of the Civil Code: it is written entirely in the testator's own hand, dated and signed. Typed, undated or unsigned text is void for absolute nullity. After death the notary opens and validates the will and, if the handwriting is disputed, may order a handwriting expert's report.
Can I leave everything to one person?
It depends on your family. If you have a spouse, children or, where there are no children, living parents, they are reserved heirs entitled to half of what they would have received without a will (article 1,088), so you can dispose freely only of the disposable portion. Siblings and other relatives are not reserved heirs: with no spouse, children or parents, you may leave everything to one person.
How is a will cancelled?
While you are alive, you can revoke it with a new will or a notarial deed; a handwritten will can also be revoked by destroying it. After death nobody cancels it by a simple request: the heirs can ask the court to declare it void, for example for a defect of form or of consent, or to reduce gifts that infringe the reserved share, within 3 years of the opening of the succession.
Where is a will kept?
The original of a notarial will stays in the notary's archive, and the notary immediately enters it in the national notarial register of liberalities (RNNEL). A handwritten will is kept wherever you choose: at home, with someone you trust or, on request, with a notary. Tell someone that it exists and where it is, because the register gives information only after death.
Can a will contain wishes for the funeral?
Yes. Anyone may decide the manner of their own funeral (Civil Code, article 80), and Law no. 102/2014 requires the place and manner of burial to follow the wishes expressed in life (article 16). The law does not say in what form the wish must be expressed, and a will is often opened only after the funeral. Write your wishes down in a separate document too and tell your family.
Summary
- Forms: the usual will is handwritten (by hand, dated, signed) or notarial; the privileged form is for exceptional circumstances.
- Cost: the minimum fee for authentication is 130 lei, plus filing (10 or 20 lei) and 21% VAT; in practice the price is higher.
- Reserved share: a spouse, children and, where there are no children, parents keep half of their statutory share; siblings have no reserved share.
- Safekeeping: a notarial will is entered by the notary in the RNNEL; a handwritten one stays with you, with someone you trust or with a notary.
- A will found at home: do not alter it; take it to the notary handling the succession.
- Changes: revocation by a new will or a notarial deed; after death, nullity or reduction in court (3 years for reduction).
- Funeral: wishes expressed in life must be respected (Civil Code, article 80; Law no. 102/2014, article 16); write them down separately too.
Sources and notes
- Civil Code (Law no. 287/2009), consolidated text of 3 May 2026 (legislatie.just.ro) — articles 38–41, 80, 972–978, 988, 1,034–1,053, 1,055–1,057, 1,074–1,096, 1,102–1,103, 1,249, 2,517, 2,529 (forms, capacity, reserved share, revocation, time limits).
- Law on notaries public no. 36/1995, consolidated text of 6 December 2024 (legislatie.just.ro) — article 107 (opening a handwritten will) and article 164 (notarial registers, RNNEL); Implementing Regulation, Order no. 2333/C/2013 (legislatie.just.ro) — articles 230 and 238 (entry in the RNNEL and information after death).
- Order of the Minister of Justice no. 177/C/2024, the norms on minimum notarial fees, text of 13 January 2025 (legislatie.just.ro) — Annex 1, items 3, 4 and 22, articles 7, 9 and 11.
- Fiscal Code (Law no. 227/2015), article 291, paragraph 1, text of 25 October 2026 (legislatie.just.ro) — the standard VAT rate of 21% from 1 August 2025.
- Law no. 102/2014 on cemeteries, human crematoria and funeral services (legislatie.just.ro) — articles 16–17; Regulation (EU) no. 650/2012, articles 21–22 (eur-lex.europa.eu).
- Capital.ro (2026) — prices charged in practice for a notarial will, cited as pointers, not as official tariffs.
The information is current as of 30 October 2026. This article is informative and is not legal advice. Fees and prices should be confirmed at the notary's office you choose, and specific cases (reserved share, challenges, the law governing a succession with a foreign element) discussed with a notary public or a lawyer. Official information: the National Union of Notaries Public of Romania (Uniunea Națională a Notarilor Publici din România, unnpr.ro).
Related Articles
- Succession at the notary in 2026 — the steps, documents and costs of the succession procedure.
- Are debts inherited? — accepting and renouncing an inheritance.
- The death certificate in Romania — how to obtain the first document in the file.
- What to do after a death — the first steps, in order.
- The funeral allowance in 2026 — amount, conditions, documents.
- Family archive: photographs, names, stories — how to preserve your family's memories.