The notary.
Law no. 206/2016 for the amendment of the Emergency Ordinance no. 119/2006 on certain measures for the application of certain European Regulation upon the adherence of Romania to the European Union, as well as for the amendment of the Law no. 36/1995 on notaries and notarial activity:
- Art. I6

Article 2
(2) The certificate regarding an authentic instrument in matters of succession, as provided in Annex 2, Form II of the Regulation no. 1.329/2014 is issued by the civil law notary that issued the authentic instrument. Where the archives of the civil law notary have been instructed to the relevant Notary Chamber, the certificate is issued by the civil law notary designated by the president of the Board of the Chamber.

The will.
The choice of law applicable to the succession.
Acceptance or waiver of the succession, revocation of a waiver of a succession.
Winding up (liquidation) of the matrimonial regime.
Sharing out of the estate of the deceased.

These authentic instruments are issued by the civil law notary, although in certain cases the authentic form is not required by the law (e.g., the will, the acceptance of the succession).

Lastly, we mention that the civil law notary who settles a succession has the competence to issue a specific instrument: the certificate of inheritance. For details, please refer to Question 3 below.

The Certificate of Inheritance – a specific instrument issued by the Romanian civil law notary in matters of succession.
According to article 1132 of the Romanian Civil Code, the certificate of inheritance is issued by the Romanian civil law notary.
Article 1133 states that the certificate of inheritance bears proof as to the quality of heir, as well as to the property rights of the heirs over the estate of the deceased, according to their respective shares.
Article 106 of the Law no. 36/1995 on notaries and notarial activity states that the number and the quality of heir or legatee are established according to civil status documents, to wills and as per the statements of witnesses. The rights over the assets that make up the estate of the deceased are established according to property deeds or according to any other method provided by the law.

• Deeds of parental partition by way of donation
• Matrimonial agreements (conventional community of property or separation of property)
• Choice of the law applicable to the matrimonial regime (authentic form for the choice of Romanian law)
• Statement for the registration in the Land registry of a lodging as the family’s place of abode

Also, a distinct mention must be made regarding certain specific documents issued by the Romanian civil law notary in matters of family law, that relate to the notarial divorce and to the exercise of parental authority after the divorce.

When the spouses wish to end their marriage by making use of the notarial procedure, the marriage will be terminated as of the date of the issuance of the divorce certificate by the civil law notary. Also, if there are minor children involved, the civil law notary will also issue a parental agreement, that will detail rights and obligations of the parents resulting from the joint exercise of the parental authority.