Revolution in Inheritance Law: What Everyone Needs to Know Before April 1, 2026
For a long time, the "presumption of acceptance" was in effect in Moldova: if you did not renounce an inheritance within three months, the law considered that you had accepted it. Starting April 1, 2026, this era officially ends. New amendments to the Civil Code completely change the established order of things.
1. Farewell to "Automatic" Inheritance: Silence is No Longer Golden
The most significant change is the complete abolition of automatic inheritance acceptance. Whereas previously you could simply continue living in the deceased relative's apartment and be considered an heir, now filing an application with a notary becomes mandatory.
- You must personally file an application to accept the inheritance with a notary or through an authorized representative.
- If the application is not filed within the prescribed period — you legally lose your right to the property.
2. New Term — 12 Months. More Time, Higher Responsibility
The legislator has increased the period for making a decision from 6 to 12 months from the date of the deceased person's death. This is done for the convenience of the diaspora and those who need time to collect documents. However, remember: if you miss this year without a valid reason, restoring your rights will be extremely difficult — usually only through court.
3. Triumph of the Surviving Spouse: A New Hierarchy
The reform corrects a historical injustice towards widows and widowers. Now, the rights of the spouse are significantly strengthened:
- First Order: The spouse is officially recognized as a first-order heir on par with children.
- The Right of "Preciput": In addition to their share, the spouse has a priority right to furniture and household items that were in common use.
- Childless Couples: If the deceased had no children, the spouse can now claim the entire inheritance without sharing it with distant relatives, such as nephews or uncles.
4. Inheritance Debts: How to Avoid a Loss?
Many fear entering into an inheritance because of the deceased's debts. The law confirms: you are liable for debts only within the value of the received property. But for this protection to work 100%, it is crucial to perform an inventory of the succession mass. An inventory, drawn up by a notary or administrator, will become your legal shield against creditors' claims.
5. "Unworthy" Relatives: Deprivation of Rights Only Through Court
It is no longer possible to simply "strike out" an inconvenient relative from the list of heirs. Now, declaring an heir "unworthy" (for example, for committing a crime against the deceased or for fraud) is possible exclusively on the basis of a final court decision.
Brief Checklist for an Heir in 2026:
- Ensure the date of death is after April 1, 2026 for the new rules to apply.
- Within 12 months, go to a notary and write the application.
- If you are abroad, arrange a notarized power of attorney to file the application in Moldova.
- Request an inventory if you suspect the deceased had outstanding loans.
Remember: the law favors the vigilant. The new rules make the procedure more transparent, but they do not forgive passivity.