Personal and family law
Estate settlement
Estate: what needs to be arranged after a death?
When someone dies, the so-called estate comes into being. This comprises all the assets and debts of the deceased. The estate passes to the heirs, who are jointly responsible for settling it. Often a great deal comes their way in a short time, both practically and legally.
Think, for example, of paying bills, collecting receivables, distributing assets and filing the inheritance tax return. These steps must be carried out carefully in order to settle the estate correctly.
Who are the heirs?
Who the heirs are is determined by a will or, if there is none, by law. In a will, the deceased may also have appointed an executor or an administrator for the settlement. This person is given the task of managing and settling (part of) the estate.
If no executor has been appointed and there are several heirs, they must in principle settle the estate together. This requires consultation and cooperation among all those involved.
Help with the settlement
Settling an estate jointly can be complex, especially when there are several heirs or uncertainties. In some cases, therefore, a power of attorney can be granted to an external party to handle the settlement. This can be done, for example, through a foundation affiliated with our firm, “Stichting Executele en Bewind Den Haag”, which specialises in the administration of estates.
Guidance throughout the entire process
Care is essential when settling an estate. Ellens & Lentze, Notariaat en Mediation can support you throughout the entire process: from taking inventory of the estate through to the final distribution and tax settlement.
In this way we ensure that the estate is settled correctly, clearly and with as few worries as possible for the heirs.
What can we do for you?
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Frequently asked questions
All wills are registered in the Central Testament Register (CTR). After a death, the heirs of the deceased can consult this register and see whether a will was made and with which notary. Incidentally, the content of the will cannot be viewed through the register.
If you are an heir, you can choose whether and how you accept the inheritance. Each heir makes his or her own decision on acceptance or rejection. If you accept the inheritance, you are liable for any debts of the deceased. Acceptance may also affect your benefits or allowances.
You can choose from three options:
- Unconditional acceptance: You accept the estate and are liable (together with the other heirs who have accepted unconditionally) for any debts.
- Acceptance with benefit of inventory: You accept the estate, but do not have to pay any debts out of your own pocket.
- Rejection: You receive nothing from the estate and are also not liable for any debts.
If you wish to accept with benefit of inventory or to reject, you make a written declaration at the court. You can also arrange this with a power of attorney through your notary. You then do not have to go to the court yourself. Court fees are payable for acceptance with benefit of inventory or rejection.
It is not uncommon for heirs to disagree about the division of the estate. Sometimes one of the heirs refuses to cooperate in the division. Or an unrecognised child claims a share of the estate. Or there is distrust, for example if heirs think something has disappeared from the estate. You can then consider the following options.
Family auction
A family auction is a simple, inexpensive and often pleasant way to divide the household contents. Each heir then draws lots at the notary's office. Has one person received more valuable items than another during the auction? Then you can offset this.
Mediation by the notary
The notary tries to reach agreement with all the heirs. If that fails and differences of opinion remain, the notary puts the points of dispute on paper. This helps in any legal proceedings. Involve a notary in the distribution. They can prevent family disputes.
Mediation
In mediation, the heirs look for a solution together with a mediator. A condition is that the heirs are still talking to each other. They must be willing to sit down together. The final solution is binding.
