{"id":6894,"date":"2026-04-08T04:50:32","date_gmt":"2026-04-08T04:50:32","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6894"},"modified":"2026-10-31T12:29:52","modified_gmt":"2026-10-31T12:29:52","slug":"what-to-do-when-an-heir-is-missing-or-contests-the-division","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/ce-faci-cand-un-mostenitor-lipseste-sau-contesta-imparteala\/","title":{"rendered":"What to do when an heir is absent or contests the division of the inheritance"},"content":{"rendered":"

If an heir does not appear or contests the assets and shares, you must first see if the succession is still with the notary or if the dispute has reached the court. Physical absence does not automatically mean that the person has given up the inheritance, and mere misunderstanding does not allow you to divide the assets on your own.<\/p>\n

When can the division be done by agreement?<\/h2>\n

The heirs can conclude a voluntary division of property if they agree on the property and rights, and the participants meet the legal requirements. For immovable property, the agreement must be concluded in authentic form. If a heir is absent, is a minor or is under a measure of protection, special rules of representation and protection apply; the absence is not covered by the signature of the others.<\/p>\n

The Civil Code stipulates that no one can be forced to remain in an indivuation, and the heir can request the termination of co-ownership at any time, under the law. This allows the request for judicial division of property when there is no agreement, but it does not guarantee that the assets will be divided in the desired form.<\/p>\n

What happens at the notary office if one of the heirs is absent<\/h2>\n

The notary establishes the heirs, their rights and the estate value based on the documents and evidence. If a legally appointed heir does not appear or the parties abandon the proceedings, the law provides for suspension under certain conditions, including after one year has passed since the opening of the succession and if there is evidence that at least one heir has accepted the inheritance.<\/p>\n

If the heirs contest their status or do not agree on the property or shares, the notary records the elements on which there is agreement and those contested, then suspends the proceedings and directs the parties to the court. The notary cannot resolve a real dispute just because one of the heirs requests the issuance of the certificate.<\/p>\n

Where the dispute is judged<\/h2>\n

Until the division of the estate, the applications regarding inheritance, testament and claims between the heirs are, as a rule, the exclusive competence of the court of the last domicile of the deceased. In the application, it must be specified what exactly is being contested: the status as an heir, shares, the composition of the succession estate, the valuation of the assets, debts or the concrete method of the division.<\/p>\n

If the address of an heir cannot be found after reasonable efforts, the court may authorize the citation by public notice. Along with this, it appoints a curator from the bar association to represent the interests of the person being cited. The curator is not appointed automatically just because the heir did not appear for an appointment.<\/p>\n

What the court can order<\/h2>\n

The court first determines who has the capacity to inherit and what falls within the estate, then the shares and claims between the parties. Partition can be done in kind if the assets can be divided according to the shares; if a property is not easily divisible, the law allows its assignment to one or more co-owners with payment of a pledge or, under the conditions of the law, the sale and division of the price. The solution depends on the nature of the assets, value and evidence.<\/p>\n

Useful acts and evidence<\/h2>\n