Cooperation protocol for issuing the certificate of inheritance FREE! By order of the President of the National Agency for Cadastre and Registration (ANCPI) was approved protocol of collaboration with the National Union of Public Notaries in Romania (UNNPR) on the procedure of issue and payment of fees for the issue of heir certificates heir additional legatee certificates and certificates of succession holiday in conducting the national Programme for cadastre and land registry.

Order no. 1125/2016 was published in the Official Gazette no. 758/2016, and Protocol will cease within 2 years after completion of the Program.

By law were set free citizens to entry in the land register of properties held in administrative-territorial units subject to systematic registration, including exemption from payment of notarial fees for the issue of heir certificates heir additional certificates legatee and holiday allowance succession, on which registration sistematice.Onorariile property to be paid ANCPI.

How will it work?

In order to achieve of systematic registration, ANCPI by the cadastre and real estate advertising competent (OCPI) after opening new land registers on behalf of the deceased, notify Chambers of Notaries Public in whose jurisdiction the deceased had their last home, to issue certificates of inheritance, communicating list of deceased persons, who have owned property in the administrative territorial units that have undergone systematic registration of properties in the integrated cadastre and land registry.

OCPI notification is made in an application to be accompanied by a summary that includes mention of the names and identification of the deceased and the fact that the buildings were subject to systematic registration, having attached the following documents obtained by OCPI:

-Sesizarea For opening the succession procedure, which contains all data identifying the succesibililor;
-Certificatul Of death, copy or extract of the official use of the register of civil status;
-Extrasul Land registry for information;
-Children Of ownership documents of the deceased collected in the paper systematic registration by the authorized person performing systematic registration works;

Cameras captured by OCPI responsible shall check the Register of procedures succession, and depending on the result of verification is done as follows: if the sequence listed as registered in the register of complaints received is allocated notary public whose name appears recorded file succession. If it is no longer in office, due to be distributed according to the procedure established by the President of the Chamber of another notary public.

Moreover, if the sequence does not appear as registered in the register, the cause is recorded and distributed under the procedure established by the President of the Chamber, a notary public within it.

Payment of notarial fees is done by ANCPI by OCPI who notified the Chamber to the account specified by the notary public with the document for payment within 30 days from the submission by the Chamber of centralizer of invoices and children heir certificates.

The amount of notarial fees paid ANCPI for issue by the public notary certificates heir certificates heir additional certificates legatee and certificates holiday succession, drawn up on the property that were subject to systematic registration is established under laws. For this fee is not charged VAT, according to art. 9 paragraph. (6) of the Act.

Taxes and fees

The provisions of the law regarding the calculation, collection and remittance of income tax on transfer of real estate by notarial acts are not applicable operating and transfer of ownership of its dismemberments found by heir certificates provided for by the protocol mentioned above.

Enrollment in the land under the buildings of systematic registration is exempt from tariffs. Within the framework of systematic registration is not due to any other direct or indirect taxes or fees to the state budget or local budgets, as required by art. 9 paragraph. (10) of the Act.

Source: LegeStart

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