The notarial successoral procedure is governed by Law no. 36/1995 on public notaries and notarial activity. According to art. 101 of the mentioned law, the notarial successional procedure can be opened by any interested person, as well as at the request of the secretary of the town council within the range in which the goods of the deceased were found at the time of opening the inheritance.
The request to initiate the notarial succesoral procedure must contain details regarding the civil status of the deceased, the assets of the deceased, indicating their value, succesoral liability, as well as information about the presumptive heritors, namely full name and domicile, and the application will be submitted in the successional register of the public notary.
The request to initiate the succesoral procedure can be done by any person whose kin gives them a right to the inheritance, the creditors of the inheritance or creditors of the persons whose kin gives them a right to the inheritance, as well as any other person who has a legitimate interest.
It is useful to know that the inventory of assets can take place at the request of interested parties, but if there was no previous request for the opening of the succesoral procedure, the application for the inventory is at the same time a request for the opening of the succession.
The public notary, after determining that he was indeed legally apprised, will register the cause, then disposing the citation of the persons who have a right to the inheritance, and in the case there is a testament he will also dispose the citation of the legatees and the appointed executor.
During the course of the succesoral procedure, the public notary has to determine the title of the heritors and legatees, the extent of their rights and the composition of the estate, and on the basis of statement or the evidence in question will determine whether successors have accepted the succession in due time.
The period of time during which the right of successional option must be exercised is one year from date of opening the inheritance, under the provisions of the New Civil Code.
According to art. 107 of Law no. 36/1995, the inheritance procedure may be suspended in the following situations:
◦ if a period of one year passes from the opening of the inheritance and during this time successors either didn’t appear or abandoned the successional procedure without asking for the certificate of inheritance, although they were legally summoned, and there is evidence that at least one of them accepted the inheritance;
◦ the persons whose kin gives them a right to the inheritance challenge each other’s title or do not get along regarding the composition of the estate and the extent of the rights they are entitled to;
◦ heritors or other interested persons submit proof reports according to which they addressed the court in order to establish their rights;
◦ in any other situations provided by the New Code of Civil Procedure.
If the public notary finds that there are no goods as part of the estate, he disposes the enclosure of the succesoral procedure. Regarding the inheritance that contains goods, if an agreement was achieved between heritors and plentiful samples were administered, the public notary draws up the final conclusion of the succesoral procedure.
According to art. 113 of the aforementioned law, the enclosure of the inheritance proceedings may take place even before the expiry of the period of time during which the acceptance of inheritance should have been made, if there is no doubt that there are no other persons entitled to the succession.
Furthermore, the procedure can be completed at once, under a testament, if the testament meets the formal legal requirements, if it doesn’t contain provisions contrary to the law and if it does not prejudice the rights of heritors who are entitled to a portion of the inheritance rezervatari or their consent already exists.
It is useful to know that the heritor/legatee certificate is drawn on the basis of the final conclusion.
If you would like more information regarding the notary succesoral procedure, the legat term of the right to succesoral option and exercising the right of succesoral option, do not hesitate to contact one of the lawyers of our team within the law firm Darie, Manea & associates that will provide complete and updated information, and representation before competent authorities.