The settlement of succession is a complex procedure that can be solved effectively, following the steps listed and explained in detail by the notary public.
– the Death Certificate
– Heirs’ civil status documents
– Court Decisions or Certificates of Divorce (if applicable)
– the Statements of acceptance of the succession (if granted)
– the Will (for testamentary inheritance)
– In the case of incapacitated successibles (minors, persons under adjudication of incapacity, etc.), in the absence of a guardian, a special trustee shall be appointed by mayor’s order.
– Ownership documents – contracts of sale, contracts of donation, exchange contracts, act of giving in payment, certificates of inheritance/succession, court decisions, title deeds.
– tax certificate issued by NAFA (National Agency for Fiscal Administration)
– Tax clearance certificate issued by the tax authority for the goods comprising the succession
– the completion of land registration and the cadastral documentation (layout and survey) – if appropriate
– the concession act and a certificate issued by the administration of the cemetery in which the burial place is located
– Share Certificates
– Bank/Account Statements
- Submission of the necessary documents and filling in the form for initiating the succession/inheritance procedure (can be done by any of the heirs/successors; based on this initiation procedure, the file is placed on the role of the referred notary office. )
- The hearing of two witnesses (should be people who knew the deceased and who are not relative of the deceased). The two witnesses must be literate, over 18, and not put under adjudication of incapacity
- The settlement (release of the certificate of inheritance)
During the succession/inheritance proceedings, the notary public may give more terms to complete the documents submitted or for the hearing of other relevant witnesses.
The fee is calculated based on the value of the estate/succession (active and passive) according to the calculation formula provided in ANNEX no. 3 to the Order of the Ministry of Justice no. 46/C/2011 concerning the rules on the fees charged for the services of notaries public.
If the succession is settled after the expiration of two years from the date of death, the heirs/successors shall owe a tax to the state amounting to 1% of the value of the property making up the succession.