Can I accept or renounce an inheritance?
It depends on the deadline: you have a year to exercise your succession option. The period in which you can accept or renounce an inheritance is 1 year from the death, under the Civil Code, for both legal and testamentary succession. Renouncing the inheritance is done exclusively by an authenticated declaration at a public notary (in Romania). The one who renounces is considered to have never had any right to the inheritance, and their share goes to the other heirs. The opening of the succession takes place at the death date, but the debate of the succession and the issuing of the heir certificate are requested later, at the notary, by any of the successors. If you don't accept within the 1-year period, you risk being considered a stranger to the inheritance (losing the right). In short: you have a year to decide — accept (expressly or by acts) or renounce at the notary.
📋 The rules
- A 1-year deadline from the death for the option
- Applies to legal and testamentary succession
- Renouncing: by an authenticated declaration at a notary
- The renouncer: considered to have never had the right
- Succession debate: at the notary, with an heir certificate
🔓 Exceptions
- Express or tacit acceptance (by acts of disposition): valid
- Reinstatement of the deadline: possible in exceptional cases, via court
- The deceased's debts: acceptance brings the obligations too, within the law
⚠️ Penalties & fines
Inheritance involves no "sanctions", but the 1-year deadline is key: if you don't exercise your succession option (accept or renounce) within it, you risk being considered a stranger to the inheritance and losing the right. Watch the debts too: by accepting, you take on not only the assets but also the deceased's obligations, within the law — so renunciation can sometimes be the wiser choice. To protect your rights: decide in good time whether to accept or renounce, go to a notary for the authenticated declaration (for renunciation) or for the succession debate and the heir certificate, and don't let the 12 months pass without acting. If there are disputes between heirs, the succession can be debated in court.
📎 Official sources
- Civil Code · the succession option and acceptance →
- National Union of Public Notaries of Romania →
- Law 36/1995 on public notaries →
❓ Frequently asked
How long do I have to accept or renounce an inheritance?
The deadline is 1 year from the death, under the Civil Code, for both legal and testamentary succession. Within this period you must exercise your succession option — accept or renounce. If you don't, you risk being considered a stranger to the inheritance and losing the right.
How do I renounce an inheritance?
Renouncing an inheritance is done exclusively by an authenticated declaration, given before a public notary in Romania, usually within 1 year of the death. The one who renounces is considered to have never had any right to the inheritance, and their share goes to the other entitled heirs.
What happens if I do nothing in time?
If you don't exercise your succession option within the 1-year deadline, you risk being considered a stranger to the inheritance, i.e. losing the right to accept it. So it's important to decide in good time and go to the notary to formalise your acceptance or renunciation within the legal deadline.
Does the inheritance include the deceased's debts?
Yes. By accepting the inheritance, you take on not only the assets but also the deceased's obligations, under the conditions and limits set by law. So if the deceased had significant debts, renouncing the inheritance can sometimes be the wiser choice, to avoid taking on those obligations.
What is the succession debate?
The opening of the succession takes place at the very date of death, but the succession debate and the issuing of the heir certificate are requested later, at the notary, by any of the successors. If there are no disputes between heirs, the procedure is finalised quickly at the notary; otherwise, the succession is debated in court.
🔎 Common searches
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