Under Regulation 650/2012 you can choose, in a will, the law of a state whose nationality you hold. Without a choice, the law of habitual residence at death applies.
A handwritten will in Romania is valid only if it is written entirely by the testator's hand, dated and signed. Otherwise it is void.
If Romanian law applies, the spouse, children and parents are reserved half of their intestate share. With a spouse and two children, only half the estate can be left freely.
A will for property in Romania: the short answer
You bought property in Romania and you have a will at home. The question is whether it will work for the property there and, if so, under which law.
Romania has two ordinary forms of will: the notarial will (testament autentic) and the handwritten will (testament olograf) (Article 1040 of the Civil Code). But the form is not what matters most. What matters is which law will govern the succession. Under the EU Succession Regulation 650/2012, the rule is the law of the state where the deceased had their habitual residence at death. You can change that in a will by choosing the law of a state whose nationality you hold (Art. 22 of the Regulation).
Put simply: a good will for a Romanian property answers three questions in writing: which law applies, who gets the property, and where the will is on the day it is needed.
The procedure after death is in our guide to inheriting property in Romania. This article covers writing the will.
The two forms: notarial or handwritten
| Notarial will | Handwritten will | |
|---|---|---|
| How it is made | You dictate to the notary or bring a draft. The notary writes it up and reads it, you confirm and sign (Art. 1044) | Written entirely in your own hand, dated and signed (Art. 1041) |
| A mistake in form | The notary checks the form at signing | A will not wholly handwritten, or without date or signature, is void (Art. 1041) |
| Registration | The notary enters it at once in the national notarial registry (Art. 1046) | No duty to register. Before it is carried out, it is presented to a notary (Art. 1042) |
| Who can learn it exists | Anyone with a legitimate interest, and only after death (Art. 1046) | Whoever holds it |
| Language | Notarial documents are drawn up in Romanian. A person who does not understand Romanian is given an authorised translator or interpreter (Notaries Law 36/1995, Art. 81) | The Code sets no particular language |
| Witnesses | One or two may assist, not required (Art. 1043(2)) | Not required |
Two notes. Joint wills are banned: two spouses cannot leave property to each other, or to a third person, in the same will, or it is void (Art. 1036). And a handwritten will is cheap, but easy to lose, and nobody will find it in a registry.
The registry: where the will "lives"
The Notaries Law 36/1995 (Art. 162) sets up several national registries at the Union of Notaries. Two matter here:
- The registry of liberalities (RNNEL): every gift, every testamentary disposition, their revocation and the retraction of a revocation.
- The registry of succession options (RNNEOS): notarial acts accepting or renouncing an inheritance. In other words, it concerns the heirs after death, not the will itself.
There is also a registry of succession files for foreign or Romanian citizens whose last domicile was abroad and who left property in Romania (RNNES). A registered notarial will does not get lost.
Which law applies: Regulation 650/2012
Romania is an EU member, and the Regulation applies there to the succession of anyone who died on or after 17 August 2015 (Art. 83). Four rules from it:
- The basic rule: the law of the state of habitual residence at death governs the whole succession (Art. 21). The Regulation applies a non-EU law too (Art. 20), for example the law of the UK, Israel or the UAE.
- Choice of law: you may choose the law of a state whose nationality you hold at the time of choosing or at death. People with several nationalities may choose any of them (Art. 22(1)). The choice is made expressly in a will, or must be shown by its terms (Art. 22(2)).
- No renvoi: when you choose a law, its internal rules apply, not its conflict-of-law rules (Art. 34(2)). That makes the choice predictable.
- The chosen law covers everything: who the heirs are and their shares, the reserved share, waiver, debts and the sharing out (Art. 23).
On form, the rules are generous. A written will is formally valid if it meets the law of the place where it was made, of a nationality, of a domicile or habitual residence, or, for real estate, of the state where the property is (Art. 27). Romania's Civil Code has a similar rule (Art. 2635).
What does this mean in practice? If you live outside Romania and choose no law, your home country's law will usually govern, including for the Romanian property. If you also hold Romanian nationality, for example through a Romanian passport, you can choose Romanian law or the law of your other nationality. Either way, the procedure for transferring and registering the property itself takes place in Romania.
A good will for a Romanian property answers three questions: which law applies, who gets the property, and where the will is.
The reserved share: if Romanian law applies
If Romanian law governs the succession, you cannot leave everything as you wish. The spouse, descendants and parents have a reserved share (rezerva succesorală): half of what they would receive without a will (Arts. 1086–1088). The rest, the "disposable portion", can go to anyone (Art. 1089).
| Who survives you | Intestate shares | Reserved share | Disposable portion |
|---|---|---|---|
| A spouse and two children | Spouse one quarter, children three quarters together (Arts. 972, 975) | Spouse 1/8, each child 3/16 | Half the estate |
| Two children, no spouse | Half to each child | A quarter to each child | Half the estate |
| A spouse, with no other relative entitled to inherit | All to the spouse (Art. 971(2)) | Half | Half the estate |
The calculation is ours, based on the articles. Lifetime gifts are added back when calculating the estate (Art. 1091). An heir whose reserved share is breached can ask for legacies and gifts to be reduced (Art. 1092), within 3 years of the opening of the succession (Art. 1095). Legacies are reduced before gifts (Art. 1096).
And if another country's law applies? Then its rules decide whether there is a reserved share and how large it is. Check that with a succession lawyer in that country.
Land and heirs from outside the EU
A villa stands on land. Romania's Constitution (Art. 44(2)) lets foreign citizens acquire land under the conditions arising from EU accession and international treaties, on a reciprocity basis, and through legal inheritance. What happens when land is left by will to an heir who is not an EU citizen needs a case-by-case review. We cover this in our article on land ownership. In addition, under Article 30 of the Regulation, special rules of the state where the property is located apply in any case, where local law says they apply regardless of the law governing the succession.
Writing a will for a Romanian property: 7 steps
- Decide on the law. If you want certainty, state expressly which law governs the whole succession.
- Choose the form. A notarial will in Romania is registered and checked at signing. If you cannot travel, ask a Romanian consulate whether it will authenticate a will. Consulates carry out notarial acts for Romanian citizens and, in some cases, for foreigners (Law 36/1995, Art. 18).
- Describe the property. Address, cadastral number and land book number, as shown in the land register extract.
- Check the reserved share if Romanian law may apply.
- Align it with your will at home. A later will revokes an earlier one only where they conflict (Art. 1052(3)). A new will at home that says "I revoke all previous wills" may revoke the Romanian one too.
- Consider an executor. You can appoint one or more in the will (Art. 1077). Their powers start once they accept the role by a notarial declaration.
- Tell your heirs where the will is. And leave them a list: the notary, an independent lawyer in Romania, account numbers and the property documents.
A will is revoked expressly only by a notarial act or by a later will (Art. 1051). A handwritten will can also be revoked by destroying it (Art. 1052).
Frequently asked questions
Is a will made in my home country valid for a property in Romania?
As to form, usually yes: Regulation 650/2012 accepts a will valid under the law of the place where it was made, of the testator's nationality or of their residence (Art. 27). To use it in Romania you will need a certified translation and, in most cases, an apostille. See our apostille guide.
What is the difference between RNNEL and RNNEOS?
RNNEL records gifts and wills, and their revocation. RNNEOS records acts accepting or renouncing an inheritance. Both are national registries of the Union of Notaries (Law 36/1995, Art. 162).
Can I choose Romanian law if I am not a Romanian citizen?
No. Under Article 22 of the Regulation you can choose only the law of a state whose nationality you hold, at the time of choosing or at death. Dual nationals may choose either.
Can my spouse and I write one will together?
Not in Romania. Article 1036 of the Civil Code bans two or more people from leaving property to each other or to a third person in the same will. Such a will is void. Each of you writes your own.
How long does an heir have to claim the reserved share?
If Romanian law applies, 3 years from the opening of the succession, or from when the heir learned of the excessive gift or legacy (Art. 1095).
The bottom line
A Romanian property does not need a complicated will. It needs a clear one: which law you chose, who gets the property, and where the will is. A registered notarial will solves the last question. An express choice of law solves the first.
If you own property in Romania, or are about to buy, book a 30-minute call with me. We will go through the questions to bring to the notary and to an independent succession lawyer.
Moti Azulay, Compass Group Romania
Sources: Civil Code, Law 287/2009, consolidated text (legislatie.just.ro), Arts. 971–975, 1034–1053, 1077, 1086–1096, 2633–2636 · Notaries Law 36/1995, consolidated text (legislatie.just.ro), Arts. 18, 81, 93, 162 · Regulation (EU) 650/2012 (EUR-Lex), Arts. 20–23, 27, 30, 34, 83 · Constitution of Romania (legislatie.just.ro), Art. 44
This article is general information only and is not legal, tax or financial advice. The rules are current as of 22 October 2026. A will is a personal document: write it with an independent succession lawyer in each country involved.
Now you know more.
This article is general information, not legal, tax or financial advice. Consult local professionals before any transaction.
