Legal guide for successions with international elements<\/u><\/p>\n
In a world of increasing mobility, it is increasingly common for an\u00a0inheritance<\/a>\u00a0to involve assets in multiple countries or for a\u00a0death\u00a0to occur in a foreign state. In such cases, questions arise such as: which is the\u00a0applicable law, what\u00a0procedure\u00a0is required, and what role does a\u00a0will lawyer\u00a0or a\u00a0probate lawyers\u00a0play? A trusted\u00a0inheritance lawyer\u00a0or\u00a0inheritance attorney\u00a0is essential for guidance. An\u00a0attorneys that do wills<\/a>\u00a0and\u00a0lawyers that do wills\u00a0can assist with preparing the\u00a0inheritance document\u00a0or\u00a0will\u00a0as part of the\u00a0intestate succession\u00a0process, or ensure that\u00a0legal heirs\u2014including any\u00a0heir\u2014understand their rights.<\/p>\n According to Romanian Civil Code, the\u00a0inheritance\u00a0is governed by the national law of the deceased, from the date of their\u00a0death, and when assets are in Romania,\u00a0probate lawyers\u00a0or a\u00a0will lawyer\u00a0or\u00a0inheritance lawyer\u00a0can file the\u00a0inheritance document\u00a0through a\u00a0procedure\u00a0before a Romanian notary. There are no jurisdiction conflicts, but clarifications may be needed when a\u00a0heir\u00a0is a\u00a0legal heirs\u00a0or when distributing the estate in a\u00a0succession.<\/p>\n With more Romanians working or owning property abroad, the number of\u00a0inheritance\u00a0cases with cross-border issues is growing. An\u00a0attorney that does wills\u00a0and\u00a0lawyers that do wills\u00a0help ensure compliance with\u00a0applicable law<\/a>\u00a0across jurisdictions. Collaboration with an\u00a0inheritance attorney\u00a0and a\u00a0will lawyer\u00a0is recommended when a\u00a0will, or in absence of a will,\u00a0intestate succession, is involved.<\/p>\n When the death occurred in the country<\/u><\/p>\n If a person dies in Romania and owns assets on Romanian territory, the inheritance procedure is governed by Romanian law. An\u00a0inheritance lawyer\u00a0can guide the steps necessary to obtain an\u00a0inheritance document\u00a0through a notary. In this case, there is no jurisdictional conflict, but issues may arise regarding the status of the\u00a0heir\u00a0or the distribution of the estate. It is important to emphasize that, in any\u00a0inheritance\u00a0procedure, compliance with\u00a0succession law\u00a0norms protects the rights of every heir, whether they are legal heirs or legatees designated by a\u00a0will\u00a0and certified through an inheritance document.<\/p>\n When the death occurs on Romanian territory and there are assets in the country, the involvement of a notary alongside an\u00a0inheritance attorney\u00a0is necessary to comply with the procedure and protect the rights of all heirs.<\/p>\n Inheritance in Romania when the death occurred abroad<\/u><\/p>\n Cases in which the deceased passes away abroad but owns property in Romania are increasingly common among Romanians in the diaspora. Therefore, it is crucial to establish the\u00a0applicable law\u00a0governing the\u00a0succession. The involvement of a\u00a0will lawyer, a\u00a0probate lawyers, and a notary in Romania helps facilitate the\u00a0procedure.<\/p>\n Even though the\u00a0death\u00a0did not occur in Romania, the heirs can request the issuance of an\u00a0inheritance document\u00a0based on a\u00a0will, or in its absence, under\u00a0intestate succession\u00a0law. This is especially important if the deceased had dual citizenship, permanent residence abroad, or drafted a\u00a0will\u00a0under a foreign legal system. In such situations, Regulation (EU) No. 650\/2012 applies, allowing for the choice of national law to govern the\u00a0succession\u00a0(if expressly stated in the\u00a0will).<\/p>\n The expertise of a\u00a0inheritance lawyer\u00a0or\u00a0inheritance attorney, along with\u00a0attorneys that do wills, is essential for navigating cross-border legal issues and coordinating with a notary in Romania. They can also help obtain and legalize foreign documents (death certificates, birth certificates,\u00a0wills, certified translations, etc.) and assist in preparing the necessary paperwork. <\/p>\n Inheritance involving assets in multiple european countries \u2013 Which court has jurisdiction and what law applies<\/u><\/p>\n When a\u00a0succession\u00a0involves assets located in several EU member states, Regulation (EU) No. 650\/2012 applies. This establishes that the\u00a0applicable law\u00a0is generally that of the country where the deceased had their habitual residence at the time of\u00a0death.<\/p>\n <\/p>\n \u201cIn the case of an international\u00a0inheritance, correctly choosing the\u00a0jurisdiction<\/a>\u00a0and identifying the\u00a0applicable law\u00a0is essential. With the support of a\u00a0inheritance lawyer, heirs can avoid legal bottlenecks and obtain recognition of their rights efficiently and lawfully,\u201d stated the Coordinating Lawyer of the Romanian Law Firm Pavel, Margarit & Associates, Dr. Radu Pavel.<\/p>\n <\/p>\n The Romanian Law Firm Pavel, Margarit & Associates provides complete legal assistance in the field of inheritance law, with a focus on international\u00a0succession\u00a0and cross-border\u00a0inheritance. Our team of\u00a0inheritance attorney,\u00a0lawyers that do wills, and\u00a0probate lawyers\u00a0offers legal advice and representation before notaries and competent courts, both in Romania and across Europe.<\/p>\n If you are dealing with an\u00a0inheritance\u00a0involving assets located in several countries, or a\u00a0death\u00a0that occurred abroad, do not hesitate to contact us via the form available on our website:\u00a0https:\/\/avocatpavel.ro\/contact\/<\/a>.<\/p>\n Don\u2019t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs.<\/p>\n Contact Us<\/a><\/p>\n To obtain recognition of an\u00a0inheritance document\u00a0in multiple countries, a\u00a0european certificate of succession\u00a0may be required. The expertise of an\u00a0inheritance lawyer\u00a0or an\u00a0attorneys that do wills\u00a0allows for efficient management of the cross-border\u00a0procedure, in collaboration with a notary partner abroad. A\u00a0will lawyer\u00a0or a\u00a0lawyers that do wills\u00a0is also crucial in handling documents such as\u00a0will,\u00a0inheritance document<\/a>, and international\u00a0succession\u00a0strategies. The role of a specialized\u00a0inheritance attorney\u00a0and\u00a0probate lawyers\u00a0is to ensure legal representation and the protection of every\u00a0heir\u00a0and their rights, whether based on\u00a0will\u00a0or\u00a0intestate succession.<\/p>\n In complex cases such as these, an\u00a0inheritance lawyer\u00a0with experience in international\u00a0succession\u00a0law is an essential support. A\u00a0probate lawyers\u00a0can assist with verifying\u00a0applicable law, preparing necessary\u00a0inheritance document, and advising\u00a0legal heirs\u00a0on each phase of the\u00a0procedure<\/a>, from identifying the\u00a0heir\u00a0to implementing the distribution of the estate. Whether the\u00a0death\u00a0occurred in Romania or abroad, a qualified\u00a0will lawyer,\u00a0inheritance attorney, and\u00a0lawyers that do wills\u00a0team can offer clarity and efficiency.<\/p>\n","protected":false},"featured_media":0,"template":"","class_list":["post-55522","legal_developments","type-legal_developments","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/legal_developments\/55522","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/legal_developments"}],"about":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/types\/legal_developments"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/developments\/wp-json\/wp\/v2\/media?parent=55522"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nIn this situation, there is no conflict of laws, as jurisdiction is clear and Romanian succession law applies. However, problems may arise regarding the status of the\u00a0heir\u00a0or the\u00a0inheritance\u00a0concerning the distribution of the estate. Therefore, working with an\u00a0attorney specialized in inheritance law\u00a0is essential to clarify any misunderstandings or\u00a0disputes<\/a>.<\/p>\n
\nEven if the\u00a0death\u00a0occurred abroad, heirs are entitled to request an\u00a0inheritance document\u00a0for assets located in Romania. If the\u00a0heir\u00a0resides abroad, the\u00a0procedure\u00a0can be carried out through a special power of attorney, without requiring their physical presence in Romania.<\/p>\n