Inheritance includes civil-law aspects of succession to the estate of a deceased person, namely all forms of transfer of assets, rights and obligations by reason of death, whether by way of a voluntary transfer under a disposition of property upon death or a transfer through intestate succession.
In Moldova, inheritance is formalized by law (in the absence of a testement) or by testement. According to current regulations, the period for accepting an inheritance is 12 months from the date of death.
To do this, you must submit an application to a notary in person or through a representative.
In accordance with Book IV of the Civil Code of the Republic of Moldova, the following key aspects apply:
1. Inheritance by Testament
- Freedom of Choice: The testator may leave their property to any person, change, or revoke the testament at any time.
- Compulsory Share: Minor children or disabled spouses and parents are entitled to a compulsory share. It constitutes no less than half of the share that would be due to them under the law of succession, even if they are not named in the testament.
- Form: The testament is made in writing and is subject to mandatory notarization.
2. Inheritance by Law (if there is no Testament)
The law establishes the order of succession:
- First order: surviving spouse, children (including adopted children), and parents.
- Second order: brothers and sisters, as well as grandparents.
- Third order: aunts and uncles.
Heirs of each subsequent order are called to inherit only in the absence of heirs of the previous order, their renunciation, or their disinheritance. Heirs of the same order receive the property in equal shares.]
3. Registration and Timeframes
- Automatic acceptance of inheritance is no longer possible. To maintain your rights, you must contact a notary and open an inheritance case within one year.
- As part of this process, the notary prepares the case, determines the list of heirs, verifies the presence of testament, and issues a Certificate of Inheritance.
- After receiving the certificate, the property (real estate) must be registered with the Agency for Public Services (ASP/Cadastre).
A testamant takes precedence over the law, but there are categories of compulsory heirs. Even with a testament, minor or disabled children, as well as disabled spouses and parents, are entitled to a compulsory share (half of what they would otherwise be entitled to by law).
4. Required Documents
To open an inheritance case, the notary will need:
- Death Certificate (original).
- Documents confirming kinship (birth and marriage certificates).
- Extract from the Real Estate Register (cadastral documents for the property).
- Certificate from the deceased's last place of residence (issued by the mayor's office or the housing and utilities department).
5. Registration from Abroad
If you are outside Moldova, you do not need to come in person for the registration. The procedure can be carried out remotely through a notarized power of attorney for a representative (e.g., a lawyer).
