Successions & Inheritance

Under the Civil Code, legal inheritance follows the order of descendants (children, grandchildren), then ascendants (parents), followed by collaterals (siblings). The surviving spouse inherits in concurrence with each class of heirs. The spouse's share varies: 1/4 with descendants, 1/3 with parents, 1/2 with siblings, 3/4 with ordinary collaterals, the entire estate if there are no legal heirs.

The notarial succession procedure generally takes 30-90 days if all heirs agree. If there are disputes (disagreement on the estate, contesting heir status, etc.), the case goes to court and may take 1-2 years.

The reserved share (or successoral reserve) is the minimum part of the inheritance that mandatorily goes to certain heirs — descendants, privileged ascendants (parents), and the surviving spouse — even if the deceased attempted to exclude them by will.

Under Article 1086 of the Civil Code, the reserve represents half of what the heir would have received through legal succession. The remainder (the disposable share) may be left by will to anyone.

If the will violates the reserve, reserved heirs may seek reduction of liberalities through court action — limitation period of 10 years from the opening of succession.

Yes, the will is revocable at any time by the testator, until the moment of death. Revocation may be done by:

• New will — which expressly revokes the previous one or is incompatible with it
• Material destruction of the holographic will (tearing, burning) with intent to revoke
• Authentic notarial act declaring the revocation

Revocation may be total or partial. It must be definite and manifested — last-minute changes, confused dispositions, or contradictory wills may generate disputes upon opening of succession.

You are co-owners in joint ownership — each heir has an ideal share (usually equal, unless testamentary provisions exist). None may sell, rent, or modify the property alone, without the others' consent.

Common solutions:

• Amicable partition — assignment to one of the heirs with payment of equalizers to the others
• Judicial partition — if no agreement, the court may order auction sale and division of proceeds
• Continued co-ownership with written rules (alternating use, maintenance contribution)

A simple succession, without disputes, takes on average 1-3 months from the first notarial session. Typical stages:

• Notary referral — 1 session (required documents: death certificate, birth/marriage certificates of heirs, ownership documents)
• Asset inventory + estate composition — 2-4 weeks
• Heirs' agreement / acceptance of succession — 4-8 weeks
• Issuance of certificate of heir — 1-2 weeks

If there is a property not registered in the land registry (Cartea Funciară / CF), an additional 2-4 months is required for registration.

Notarial succession takes place at the notary, when all heirs agree on their status, the estate composition, and the division. It is fast and inexpensive.

Litigious succession goes to court when disputes arise: contesting heir status, hidden assets, will disputes, impossibility of amicable partition, infringement of the reserved share. It takes years and costs much more.

At our firm we always recommend trying the notarial solution before resorting to court — it saves time, money, and family relationships.