The table of family businesses in Romania. What must be considered in the succession of great fortunes
Family businesses represent one of the most important forms of economic organization in Romania, having an essential role in the development of the entrepreneurial environment and in the consolidation of the national economy. In this context, the succession, with its fiscal and legal aspects, is extremely important for the continuation of the business.
Family businesses are the most important forms of economic organization. Archive photo
A defining element of family businesses is the close connection between personal and professional relationships. Family members involved in the company's activity develop a high level of mutual trust, which can facilitate the decision-making process and the implementation of strategies. At the same time, this closeness contributes to the formation of a solid organizational culture, where values such as loyalty, respect and involvement are essential.
The importance of succession in family businesses
In this context, the succession represents one of the most critical moments in the life of a family business. The transfer of leadership from the founders to the next generation is not just an administrative process, but a complex one involving emotional, strategic and organizational aspects.
In Romania, many family businesses are still in the first generation of entrepreneurs, which makes the issue of succession more and more relevant, with all its fiscal and legal aspects – understandings (or misunderstandings) between generations, between founders and their children (heirs), the policy of transferring properties or dividing them between family members, are just some of the potential issues to be solved in the case of this type of business in Romania, specialist studies show.
For families with significant assets or with international elements, succession planning from a tax point of view becomes, in this context, essential, say the tax specialists of EY. According to them, the larger and more diverse the volume of assets, the more significant the fiscal impact becomes. And if they are distributed in several countries, the risk that the wealth will be reduced when it is divided among the heirs and after an ineffective payment of the related taxes, can no longer be ignored.
What must be considered in the succession of great fortunes
First, tax experts say, it must be borne in mind that not all assets are treated the same – we have different tax rules for the transfer of real estate, shares in companies, financial assets, art or other assets. Furthermore, in Romania, amounts received as inheritances or donations are not taxable, as is the transfer of real estate between family members.
Second, experts say, the tax residency of the deceased and the heirs, as well as where exactly the assets are located, are essential elements in an estate discussion. In many tax systems, inheritance tax overlaps with other forms of taxation: annual property taxes, taxes on financial assets or investments, capital gains taxes or even “exit tax” in the case of a change of tax residence.
“In this context, it is worth considering some “friendly” tax regimes, which offer both during life and in the context of succession a predictable and favorable framework for the transfer of wealth”, experts argue, adding that some systems provide for fixed annual taxes for high income earners, others offer exemptions for income earned abroad and/or in the respective country. In certain cases, these facilities can be extended to family members at an additional fee.
According to specialists, regimes of this type, however, come with clear conditions: it is usually necessary for the person to spend a minimum number of days per year in the respective jurisdiction to demonstrate a real connection with it and to reduce the risk of challenges from the tax authorities. The duration of validity of these facilities is usually limited, ranging from a few years to longer periods, depending on local legislation.
“Last but not least, succession planning through sophisticated wills, family holdings, trusts and foundations or other cross-border structures can be essential to protecting wealth. These tools, when implemented coherently, can significantly reduce tax costs, but also provide clarity and control over how the estate is divided between heirs“, say the taxation experts.
How much does succession cost in 2026
The succession procedure at the notary involves costs that vary depending on the value of the estate. These expenses are regulated by law and include notary fees, real estate registration fees and, in certain situations, specific taxes.
Notary fees are regulated by legal regulations and are calculated based on the value of the estate. This phased approach ensures equity in costing, taking into account the size of the inherited estate. Thus, the costs of an inheritance at the notary start from approximately 500-600 lei + VAT (for small goods) and increase in percentage depending on the value of the inheritance.
What additional costs can you pay if you do not do the succession on time
Notary fees:
For estates of up to 20,000 lei:
– a percentage of 2.7% of the value is applied.
– there is a minimum threshold of 240 lei per inheritance file, thus ensuring adequate remuneration for notary services, even in the case of inheritances of low value.
For values between 20,001 and 35,000 lei:
– a fixed amount of 540 lei is charged.
– to this is added 1.9% of the amount that exceeds 20,001 lei.
In the case of an estate between 35,001 and 65,000 lei:
– the fee includes a fixed component of 725 lei.
– 1.6% of the amount exceeding 35,001 lei is added.
For successions exceeding 65,001 lei:
– a fixed amount of 1,205 lei is applied.
– to this is added 0.85% of the value that exceeds 65,001 lei.
tax:
A particularly important aspect in managing the costs of the estate is respecting the two-year deadline for the completion of the procedure. The fiscal code (art. 111) provides that successions discussed and finalized within this term are exempt from tax. This provision is intended to encourage the prompt resolution of successions, reducing legal and fiscal uncertainties.
If this term is exceeded, a tax of 1% of the value of the inheritance is applied. This tax is calculated on the higher value of:
– the value declared by the parties in the property transfer deed.
– the minimum value established by the market study carried out by the chambers of notaries public.
In conclusion, the cost of a succession to a notary in Romania is determined by a combination of legal and economic factors. Careful planning, prompt action and, when necessary, specialist advice can make a significant contribution to the efficient management of costs and the successful completion of the succession procedure.
How much does it cost to litigate the estate in court?
However, there are also situations in which the succession debate is done in court, with the help of a specialized lawyer, in which case the costs are much higher.
The expenses depend on the particularities of the claim, the estimated duration of the settlement of the case, the value of the assets that make up the estate, but also on the notoriety of the lawyer. In addition to the lawyer's fee, there is also the stamp duty and the expert's fee for each individual property.
According to specialized websites, a succession/inheritance process costs in 2026 from 5,000 lei and can reach up to 17,915 lei or more, depending on:
– The amount of the stamp duty (it can be the stamp duty of 400 and 12,700 lei or more)
– The expert's fee (from 330 lei to 4,100 lei)
– The lawyer's fee (varies from 1,500 lei, to 5,000, 9,500 or even 22,300 lei in some cases).
Court stamp duty
Actions and claims valuable in money, brought to the courts, are charged as follows:
– up to the value of 500 lei – 8%, but not less than 20 lei;
– between 501 lei and 5,000 lei – 40 lei + 7% for what exceeds 500 lei;
– between 5,001 lei and 25,000 lei – 355 lei + 5% for what exceeds 5,000 lei;
– between 25,001 lei and 50,000 lei – 1,355 lei + 3% for what exceeds 25,000 lei;
– between 50,001 lei and 250,000 lei – 2,105 lei + 2% for what exceeds 50,000 lei;
– over 250,000 lei – 6,105 lei + 1% for what exceeds 250,000 lei.
After the value of the assets subject to division is determined, the judicial stamp duty calculated according to the above is reduced by half (according to Law 268/2024).
Example of the calculation of the judicial inheritance stamp duty
• We have some assets valued at 200,000 lei
• At the value of 2,105 lei + 2% of 150,000 lei (ie 200,000-50,000)
• 2,105 lei + 3,000 lei
• 5,105 lei – this value must be divided by 2
• Judicial stamp duty = 2,552 lei
Documents necessary for succession
To start a succession procedure, a series of documents will be needed that will prove the kinship between the heirs and the deceased. The main act for such a procedure will be the one that certifies the death of the person whose inheritance is being disputed, namely the death certificate, or in its absence, a court decision declaring death. Those who want to benefit from the inheritance table will provide proof of personal identity documents, as well as civil status documents that will identify the relationship of kinship or marriage between them and the deceased. In the situation where there is a will, it will be part of the category of documents that will prove a succession. Also, proof of a certificate attesting whether or not the deceased person has debts to the local or state budget will have to be provided. Any kind of documents considered necessary will also be specified.
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