Наследование в 2026 году: что изменилось и что нужно знать

As of 1 April 2026, Law No. 251/2025 entered into force, amending several important rules in the area of inheritance. Although the subject may seem technical, in practice it directly affects many families who, during an already difficult time, need to understand quickly what steps must be taken, within what time limit, and what risks arise if they do nothing.

The new amendments mainly concern the position of the surviving spouse, the time limit and method for accepting an inheritance, the role of the notary, and certain transitional rules that may also affect older succession cases. For people dealing with an inheritance, the main issue is not only how the assets will be divided, but also whether inheritance rights are exercised correctly and on time.

One of the most important changes is the strengthening of the surviving spouse’s position in legal inheritance. The law places the surviving spouse in a more favorable position and gives clearer inheritance rights in relation to other heirs.

In addition to the inheritance share itself, the law also preserves an important practical protection: the surviving spouse may receive, by way of preferential entitlement, the furniture and household items that served the spouses’ common use, to the extent that these are necessary for maintaining the household. This matters in real life because inheritance disputes do not arise only over apartments, land, or bank accounts. They often also concern the items inside the home.

For those facing such a situation, it is important not to assume that everything will automatically be divided in a simple and conflict-free way. The actual legal regime depends on who the heirs are, whether there is a will, and what assets form part of the estate.

The most important practical change is the new time limit for accepting an inheritance. The law provides that the inheritance must be accepted within 12 months from the date the succession is opened. In simple terms, this means that an heir can no longer postpone the decision indefinitely.

An inheritance may be accepted in two ways. The first is by filing an authenticated declaration with the notary handling the succession procedure. The second is by entering into possession of the estate. This point requires particular attention because many people believe that if they have not signed anything before a notary, they have not accepted the inheritance. The new law makes it clear that conduct may also produce legal effects.

If an heir manages the assets, collects rent, pays expenses related to the estate, or otherwise behaves as the person entitled to the estate, this may lead to the conclusion that the inheritance has been accepted. At the same time, acceptance does not concern only the beneficial assets. It concerns the estate as a whole, including potential debts.

The law also allows for an extension of the time limit or the setting of a new one, but this is not automatic. If there are justified reasons and the other heirs do not object, the matter may be resolved before the notary. If there is disagreement, the issue will have to be decided by the court.

The new regulation strengthens the role of the notary in inheritance matters. The notary is no longer seen only as the person who issues the certificate of inheritance, but as the central figure of the succession procedure: receiving declarations, identifying the heirs, checking the documents, and managing the procedure.

At the same time, the law more clearly separates the notary’s role from that of the court. For example, in the case of an unworthy heir, the circumstance leading to disqualification from inheritance must be established by a court. This means that a notary does not decide alone whether someone is legally unworthy to inherit.

For people going through an inheritance procedure, this distinction is very important. If the situation is clear, the matter may be handled before a notary. If there is a dispute between heirs, disagreement over acceptance, missing the time limit, the status of an heir, or other serious legal issues, court involvement will often be necessary.

The least intuitive part of the reform concerns its application over time. Although the law entered into force on 1 April 2026, the applicable legal rules are not determined only by the date on which the heirs go to the notary.

In practice, the date of death is a key factor, but so is whether the succession procedure has already been opened, whether the heirs have already taken steps amounting to acceptance or renunciation, and whether the case falls under any of the special transitional rules. This is exactly where many misunderstandings are likely to arise.

For this reason, two succession cases that look similar at first glance may actually be governed by different legal rules. For some heirs, the new 12-month term and the new acceptance mechanism will apply, while for others the law in force at the time the inheritance was opened will remain relevant.

Those dealing with an inheritance should not treat the procedure as a mere formality. In many cases, the biggest problems arise from delay, lack of information, and the mistaken belief that being a relative is enough to preserve inheritance rights.

From a practical perspective, a few key issues should be clarified as early as possible: who the heirs are, whether there is a will, what assets and debts form part of the estate, whether someone has already performed acts that may amount to acceptance, and which law applies depending on the date of death.

The new regulation aims to make inheritance law clearer and more functional. At the same time, it becomes stricter in terms of deadlines and more technical in terms of procedure. That is why a succession that appears simple at first may raise serious legal issues if it is not assessed correctly from the outset.