1. To what extent could the Certificate be registered in your Land Registry? Is this Certificate enough for the registration of ownership (or other rights in rem) in the name of the heirs (or legatees)? Otherwise, which other additional documents or complementary requirements would be needed?
Certificate of Heir can represent the basis for property rights’ registration into land book.
In the situation of the first entry (first time registration) of the building in the land book, Heir Certificates issued under the effect of the old Civil Code ought to be accompanied by the act / property title of the succession’s author .
Heir Certificates governed by the new Civil Code represent property titles by themselves.
- Do you request official translations of European Certificates of Succession that are drawn up in a foreign language? Is the registration of a multilingual deed possible?
Yes. The act is translated into Romanian by a translator authorized by the Ministry of Justice. Registration of a multilingual is not possible.
2. In particular: for the purposes of registration, if the interested parties have complied with a Certificate of Inheritance adequately, will sharing out or distribution of estate deeds be also necessary?
Based on Heir Certificate successors (heirs) are registered in the land books as joint owners (on shared quotas). Assigning separately the goods within the succession (due to partition/separation) is the attribute of parties’ will and does not condition the registration based on Heir Certificate.
3. In the event that the Certificate cannot be used for purposes of registration at all in your LR system, please let’s know the legal reasons.
It is not the case.
4. May the Certificate be rejected by your registration authorities in the event of inadequate completion, mistakes or inaccuracies?
Registration can be rejected because of failure to pursuing general conditions (valid for any type of document) provided by special law (concluded without asking for Land Book Extract, or the non/identification of immovables which are part of succession by topographical / cadastral numbers and Land Book numbers, or missing proof of payment of the fee or of payment or income tax which resulted from the transfer of property as provided by the Fiscal Code).
- A foreign ‘court’ has drawn up a European Certificate of Succession and submitted a request for registration to your organization. As the Certificate does not comply with your national registration requirements, you have to reject the application. In practical terms, how and in which language do you contact the ‘court’?
In public institutions the official language is Romanian. The application will be submitted in the official language.
- Does your answer to the preceding question change when it is not the issuing authority but the heir himself who submits the request for registration?
5. For the certificate to be effective for the distribution of the estate and its registration, should this document be issued by national notaries or other practitioners or could it be issued by foreign notaries?
Law nr. 7/1996 on Cadastre and Land Book enforces, at art.24 para. 3, the condition that the Certificate of Heir should be issued by a Public Notary acting in Romania.