Antohi Laurențiu Law Office
Accepting an inheritance, settling the estate, and dividing it among heirs.
You have only one year from the death of a close relative to accept or renounce an inheritance. I’ll explain what this deadline means, how the declaration of acceptance is made, and what follows afterward — settling the estate and, if needed, dividing it.
The one-year deadline and why it matters.
You have one year from the date of death
The right to accept or renounce an inheritance (the right of succession option) must be exercised within 1 year of the opening of the succession, meaning the date of death. If the deadline passes without you doing anything, you’re presumed to have renounced the inheritance — and you risk permanently losing any right to the remaining assets.
Express acceptance or tacit acceptance
Express acceptance is made through a declaration before a notary or in a written document, clearly stating that you accept the inheritance. Tacit acceptance follows implicitly from acts you could only have carried out as an heir — for example, if you use, sell, or pay debts from the assets left by the deceased, you’re considered to have accepted the inheritance even if you signed nothing to that effect.
How much you risk by accepting
An inheritance can bring debts as well as assets. The good news: under the current Civil Code, an heir who accepts is liable for the estate’s debts only up to the value of what they received, not with their own personal assets — meaning that, as a rule, acceptance can’t leave you with debts larger than the value of the inheritance.
Settling the estate: before a notary or in court.
Checking the heirs and the documents
We establish who the legal or testamentary heirs are, what documents exist (death certificate, civil status records, a will, property deeds) and whether the one-year deadline still allows acceptance.
Settlement before a notary, if there’s agreement
If all the heirs agree on their status and how to divide the estate, the succession can be settled before a notary, faster and cheaper than a lawsuit.
Settlement in court, if there’s disagreement
When the heirs don’t agree, there are unknown heirs, or a will is contested, the succession is settled in court, through an action that establishes who qualifies as an heir and each one’s share.
Dividing the estate
Once the heirs and shares are established, the assets are actually divided — the estate division, which can be voluntary or, if there’s no agreement, judicial. I explain in detail how judicial division and exiting co-ownership work in a dedicated article, here.
Short deadlines don’t forgive mistakes.
The one-year deadline for acceptance, correctly calculating the shares, verifying a will or contesting it — these are steps where a mistake or a delay can cost a great deal, sometimes even the loss of the inheritance itself. I’ll help you act in time and with the right documents, from our first conversation.
If the inheritance also involves assets held jointly with other people, a division may follow once the heirs are established — and I can represent you there too, from reviewing the documents all the way to court.
Send me the documents before we talk.
Fill in the form below, selecting “Inheritance” as the type of issue. Upload the death certificate, the will (if there is one), and any other relevant document.