More families hold a flat in Madrid and a house in Romania, accounts in both countries or Romanian nationality with residence in Spain. When the owner dies there is no automatic “European estate”: there are jurisdiction rules, law applicable to the mass, tax in each state and procedures that do not substitute for each other. At Gaurley we work in Spanish, Romanian and English and coordinate from Madrid without losing what must be done in Romania. This analysis lists the questions to answer before any acceptance is signed.
Applicable law and competent court
The EU Succession Regulation simplifies jurisdiction and recognition among many states but does not unify tax or registers. Fix which authority certifies heirs and which law governs specific assets.
A will made in one country may work in another with formal and substantive nuances. “There was a will in Bucharest” does not solve Madrid if nobody finds and translates it properly.
Habitual residence at death is often key; do not confuse it with nationality or where most assets sit.
Choosing the wrong initial route multiplies notaries, apostilles and cost. One hour of diagnosis saves months of cross-border running.
Real estate in both countries
Property in Spain registers here; property in Romania registers there. Accepting a “global” estate in one act without splitting assets is a classic error: each register needs its own chain.
Local taxes and valuations follow different rules. Value in one country is not automatically value everywhere for every authority.
If heirs live in Spain but Romanian property stays in co-ownership, family blocking repeats at distance. Agreement or local equivalent of termination is needed.
We work with correspondents in Romania when the asset requires it; you have one Madrid contact, not two firms that never speak.
Tax: Spain, Romania and double charge
Madrid inheritance tax applies as rules require on valuation and relationship. Romania may tax assets there or under its domestic rules. Treaties and credits depend on the case.
Paying in one place only is not enough. Document filings to avoid double payment or penalties for missing the other state.
Romanian accounts may need different heir certificates than a Spanish bank. Blocked accounts usually mean incomplete procedure, not bank bad faith.
We plan order: sometimes accept first in one country; sometimes obtain a European Certificate of Succession before moving property.
Heirs abroad, language and deadlines
Notarial powers, sworn translations and remote appearances are normal. Done badly, they void acceptance and you repeat everything.
We explain in Romanian how effects work in Spain without translation loss; legal documents use the language notary or registry requires.
Tax deadlines in both countries run in parallel. Ignoring the Romanian calendar because “we live in Madrid” is risky.
Minors or incapacitated heirs need extra formalities in any jurisdiction. Rush does not bend rules.
What to gather for the first meeting
Death certificate, nationality and last residence of the deceased, known will(s) in any language.
Asset list by country: property, accounts, vehicles, debts.
All heirs’ details, residence and anyone needing a power.
With that we draw a Spain–Romania roadmap: what to accept here, there, expected tax and phased fees. One file, one partner-level thread.