In brief
A will covering property in Romania must answer three questions: which law will govern the succession, who receives the property, and where the will will be found on the day it is needed. Under the European Succession Regulation 650/2012, the law of the habitual residence on the day of death generally applies, and the law of nationality can be chosen in the will. Romanian law recognises a notarial will and a handwritten will, and a notarial will is recorded in a national register of the notaries.
Key takeaways
- 1Under Article 22 of Regulation 650/2012, a will can choose only the law of a state of which you are a national; without a choice, the law of habitual residence on the day of death applies.
- 2A handwritten will in Romania is valid only if written entirely in the testator's hand, with a date and signature (Article 1041 of the Civil Code).
- 3A joint will of spouses is void in Romania (Article 1036); each writes their own will.
- 4If Romanian law applies, the reserved share of the spouse, children and parents is half of what they would receive without a will.
- 5A later will revokes an earlier one only to the extent it contradicts it (Article 1052(3)), but a general revocation clause in a new Israeli will may also revoke the Romanian one.
Most Israelis who buy property in Romania have already made a will in Israel, or plan to. The question asked less often is whether that will will also work before a Romanian notary, and if so, under which law the notary will read it.
This guide deals with the stage before: how to write a will suited to property in Romania. We explained the procedure the heirs go through after the death, the certificate of inheritance and the tax on the transfer, in a separate guide on inheriting property in Romania.
Is an existing Israeli will also enough for property in Romania?
Sometimes yes, but it is not wise to assume so. A will that does not mention the property, does not state which law applies, and is kept in a drawer in Tel Aviv leaves the heirs with open questions before institutions in another country. A properly built will answers three questions in advance: which law, who receives, and where the document is.
A handwritten will in Romania is valid only if written entirely in the testator's hand, with a date and signature (Article 1041 of the Civil Code).
Which law will govern the succession, and can it be chosen?
Romania is a member of the European Union, so the Succession Regulation 650/2012 applies there, to the succession of persons who died on or after 17 August 2015 (Article 83 of the Regulation). These are the rules worth knowing:
- The default: the law of the state in which the deceased had their habitual residence on the day of death governs the succession as a whole (Article 21).
- Also the law of a non-EU state: the Regulation applies the law designated under it even when that is, for example, Israeli law (Article 20).
- Choice of law: you may choose the law of the state of which you are a national, on the day of the choice or on the day of death. Persons with several nationalities choose one of them (Article 22(1)). The choice is made expressly in the will, or follows from its provisions (Article 22(2)).
- No renvoi: when a law is chosen, the internal law of that state is applied and not its conflict-of-laws rules (Article 34(2)), and this is what makes the choice predictable.
- Scope: the applicable law determines who the heirs are and their shares, the reserved share, renunciation, debts and distribution (Article 23).
In practice: for an Israeli resident who did not choose a law, the succession will usually be governed by Israeli law, including for the property in Romania. Someone who also holds a Romanian passport can choose between Israeli and Romanian law. And someone who is not a Romanian national cannot choose Romanian law. An express choice of the law of nationality is particularly important for anyone who may move to live in another country, because the default is determined by residence on the day of death.
Even when Israeli law applies, the transfer of the property and its registration take place in Romania, before a Romanian notary. In addition, under Article 30 of the Regulation, special rules of the state in which the property is located apply in any case, where the local law provides that they apply irrespective of the law governing the succession.
Is a will made in Israel formally valid in Romania?
Usually yes. Under Article 27 of the Regulation, a written will is formally valid if it meets the requirements of one of several laws: the law of the place where it was made, the law of the state of nationality, the law of the domicile or habitual residence, and for immovable property also the law of the state in which the property is located. The Romanian Civil Code sets a similar rule in Article 2635. To use an Israeli will in Romania a translation is needed, and usually an apostille as well.
Which forms of will does Romanian law recognise?
Two ordinary forms (Article 1040): a notarial will (testament autentic) and a handwritten will (testament olograf).
| Notarial will | Handwritten will | |
|---|---|---|
| How it is made | You dictate to the notary or bring a draft; the notary writes it, reads it, and you confirm and sign (Article 1044) | Entirely in your handwriting, with a date and signature (Article 1041) |
| Defect of form | The notary checks the form at the time of signing | A will not entirely handwritten, or without a date or signature, is void (Article 1041) |
| Registration | Recorded immediately in the national notarial register (Article 1046) | No registration requirement; before execution it is presented to a notary (Article 1042) |
| Language | In Romanian; someone who does not understand Romanian is given a certified translator or interpreter (Notaries Law 36/1995, Article 81) | The code does not set a particular language |
| Witnesses | One or two witnesses are possible, not mandatory (Article 1043(2)) | Not required |
A handwritten will is cheap and simple, but it is easy to lose and nobody will look for it in a register. And another rule that surprises Israeli couples: a joint will is prohibited. Two or more persons may not make dispositions for each other, or for a third person, in the same will, and such a will is void (Article 1036). Anyone who signed a mutual will in Israel should therefore check how it will be read in Romania.
How do you make sure the will will be found?
Notaries Law 36/1995 (Article 162) establishes national registers at the Union of Notaries. Three are relevant to property owners abroad:
- RNNEL: the register of gifts and wills. Testamentary dispositions, their revocation and the revocation of a revocation are recorded in it. For a notarial will, only someone who proves an interest can find out whether it exists, and only after the death (Article 1046 of the Civil Code).
- RNNEOS: a register in which notarial documents on acceptance or renunciation of an inheritance are recorded. It concerns the heirs after the death, not the will itself.
- RNNES: a register of succession files of foreigners, or of Romanians whose last residence was abroad, who left property in Romania.
How much can you leave freely when Romanian law applies?
Half the estate in the common situations. The spouse, descendants and parents have a reserved share (rezerva succesorală), half of what they would receive without a will (Articles 1086 to 1088). The rest, the “available portion”, can be given to anyone (Article 1089). The calculation in the table is derived from the articles:
| Who survives | Distribution without a will | Reserved share | Available portion |
|---|---|---|---|
| A spouse and two children | The spouse a quarter, the children together three quarters (Articles 972, 975) | The spouse 1/8, each child 3/16 | Half |
| Two children without a spouse | Half to each child | A quarter to each child | Half |
| A spouse only, with no other relative who inherits | Everything to the spouse (Article 971(2)) | Half | Half |
Gifts made during lifetime enter the calculation of the estate (Article 1091). An heir whose reserved share has been infringed may ask for the testamentary dispositions and gifts to be reduced (Article 1092), first the testamentary dispositions and only then the gifts (Article 1096). The limitation period is 3 years from the opening of the succession, or from the day the heir learned of the infringing disposition (Article 1095). If Israeli law is the one that applies, its rules determine whether there is a reserved share, and this is checked with an inheritance lawyer in Israel.
And what about land and an heir who is not an EU citizen?
Under Article 44(2) of the Romanian Constitution, foreign citizens acquire land under conditions arising from EU accession and from treaties, on the basis of reciprocity, and also through legal inheritance. Leaving land by will to an heir who is not an EU citizen is a question examined case by case, and it is worth clarifying before writing the disposition, not after.
How do you coordinate the will in Israel with the will in Romania?
- State the law expressly. One sentence stating which law governs the whole succession saves disputes.
- Describe the property as in the extract: address, cadastral number and land register number.
- Beware of a general revocation clause. A later will revokes an earlier one only to the extent it contradicts it (Article 1052(3)). But a new Israeli will stating “I revoke every previous will” may also revoke the Romanian will. Word the revocation so that it excludes it, or update both together.
- Consider an executor. One or more can be appointed in the will (Article 1077), and the executor starts acting after accepting the role by notarial declaration.
- If you are not travelling to Romania: Romanian consulates perform notarial acts for Romanian citizens, and in certain cases also for foreigners (Law 36/1995, Article 18). Ask in advance.
- Tell the heirs where the will is, and leave them a list: the notary, the lawyer in Romania and the property documents.
A will is revoked by notarial document or by a later will (Article 1051). A handwritten will can also be revoked by destroying it (Article 1052).
What should you do before signing?
Before writing a will, or updating an existing one, check which citizenships you hold, where you are likely to live, the family situation and whether there is already a will in another country. We accompany Israeli property owners in coordinating the Israeli will with the property in Romania, together with an inheritance lawyer in Israel. A notarial will in Romania is drawn up before a locally licensed notary, accompanied by a Romanian lawyer.
This article is general information, current as of October 2026, and is not legal advice for a specific case. A will is a personal document, and it should be drafted with an inheritance lawyer in each relevant country.
Frequently asked questions
Is an Israeli will valid for property in Romania?
As to form, usually yes: under Article 27 of Regulation 650/2012, a will valid under the law of the place where it was made, the law of nationality or the law of residence is recognised. To use it in Romania a translation is needed, and usually an apostille as well.
Can I choose Romanian law if I am not a Romanian national?
No. Under Article 22 of the Regulation you may choose only the law of a state of which you are a national, on the day of the choice or on the day of death. Dual nationals may choose either of them.
Can my spouse and I sign one joint will?
Not in Romania. Article 1036 of the Civil Code prohibits two or more persons from making dispositions for each other or for a third person in the same will, and such a will is void. Each writes their own will.
What is the difference between RNNEL and RNNEOS?
RNNEL records gifts and wills and their revocation. RNNEOS records documents on acceptance or renunciation of an inheritance. Both are national registers of the Union of Notaries under Article 162 of Law 36/1995.
How long does an heir have to claim the reserved share?
When Romanian law applies, 3 years from the opening of the succession, or from the day the heir learned of the gift or testamentary disposition infringing their share (Article 1095).
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The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.