When a person dies, one of the first things on the family's mind is deciding who will inherit and how their assets will be divided.
If the deceased did not leave a will, the inheritance process will be carried out in accordance with the law and the rights of heirs are governed by the Civil Code.
In this article, we will explain what rights you have as an heir in the absence of a will and how property is divided between heirs.
What is legal inheritance?
Legal inheritance refers to the process by which the deceased's property is divided among the heirs according to the law, when there is no will explicitly setting out the deceased's wishes. The law lays down a set of rules defining who the heirs are and how property will be divided in the absence of a will.
In Romania, inheritance is made in accordance with the Civil Code, and can be realized either by intestate inheritance (without a will) or by a valid will. If there is no will, inheritance will be made in accordance with the rules laid down by law.
Who are the legal heirs?
Legal heirs are those who have the right to inherit the property of the deceased when there is no will. They are divided into several classes and inheritance is made in the order of these classes. In the first place, heirs are divided according to their degree of kinship with the deceased.
Descendants (children) of the deceased
If the deceased had children, they will inherit his or her property equally, regardless of gender or age. Under Romanian law, children are the closest heirs of the deceased and will share the deceased's estate equally, regardless of whether or not they were mentioned in a will. If a child is deceased, his or her children (grandchildren) will inherit in place of their parent.
Parents of the deceased
If the deceased had no children, their parents will inherit the property left behind. If both parents are alive, the inheritance will be divided equally between them.
Brothers and sisters of the deceased
If there are no surviving children or parents, the deceased's brothers and sisters will inherit the deceased's estate, dividing it equally.
Other close relatives
If there are no children, parents or siblings, the inheritance will be divided between second-degree relatives, such as uncles, aunts, cousins and cousins-in-law, in the order established by law.
How is the inheritance divided in the absence of a will?
If there is no will, the inheritance is based on a system of legal inheritance set out in the Civil Code, and the inheriting parties will divide the property according to their degree of kinship.
Order of inheritance
In the first place, the inheritance is divided between descendants (children, grandchildren), parents, siblings and other close relatives, in the order established by law.
In general, the hierarchy is as follows:
- Descendants (children and grandchildren) - will inherit first place, and the wealth will be divided equally between them.
- Parents - in the absence of children, the parents will inherit the deceased's estate, which will be divided equally between them.
- Brothers and sisters - in the absence of children and parents, siblings will inherit the estate.
- Other close relatives - in the absence of those mentioned above, second-degree relatives (uncles, aunts, cousins, cousins, etc.) will be heirs.
Inheritance rates
Inheritance rates may vary according to the number of heirs and their degree of kinship with the deceased. For example, if there are several children, the estate will be divided equally between them. If there are both children and living parents, the children will receive the main share and the parents will have a smaller share.
What rights do you have as an heir?
As an heir, you have the right to receive a share of the deceased's property, in accordance with the law. Here are some of the main rights of legal heirs:
Right to request the opening of inheritance proceedings
If there is no will, the heirs must apply to open probate proceedings. This can be done through a lawyer or through a notary, who will open the procedure and establish who the legal heirs are.
Right to a share of the inheritance
Each heir is entitled to receive a share of the inheritance, depending on the number and status of other heirs. If there is more than one heir, they will divide the property proportionally in accordance with the law.
Right to contest the inheritance
If you think there are irregularities in the inheritance procedure or if you disagree with the shares, you have the right to challenge the inheritance in court. This is a legal right you can exercise to protect your interests.
Right to refuse inheritance
In certain situations, an heir may choose to refuse the inheritance if it is associated with debts or other obligations that are greater than the inherited assets. This is called a 'renunciation of inheritance' and must be made in a formal declaration.
Your rights as heir in the absence of a will
If there is no will, your rights as an heir are governed by national law, which clearly sets out the order and shares of inheritance.
It's important to understand the inheritance process and know your rights so that you can take the necessary steps if you find yourself in such a situation. If in doubt or if you wish to contest your inheritance, consult a lawyer specializing in inheritance law.