Personal and family law
Certificate of inheritance
Certificate of inheritance: clarity after a death
After a death, practical matters often need to be arranged. Think of bank accounts, insurance policies, investments or the sale of a home. In many cases, banks and other institutions ask for a certificate of inheritance before they cooperate. This gives them certainty as to who is authorised to act on behalf of the estate.
A certificate of inheritance is an official statement drawn up by a notary. It records who the heirs are and who is authorised to settle the estate.
What does a certificate of inheritance contain?
The certificate establishes, among other things:
- that someone has died;
- whether there was a marriage or registered partnership and which property rules apply;
- whether a will exists;
- who the heirs are according to the will or the law;
- whether the heirs have accepted the estate;
- who is authorised to manage the estate and take decisions on it, for example the executor.
To establish this, the notary carries out research in, among other places, the Central Register of Wills and the civil registry records.
European Certificate of Succession
Did the deceased own assets in other countries within the European Union? In that case, a European Certificate of Succession can in some cases also be issued. This makes it easier for heirs to arrange matters in other EU countries.
Certificate of executorship
When an executor has been appointed in a will, a certificate of executorship can sometimes suffice. This is an abridged certificate confirming that the executor is authorised to settle the estate.
We will help you further
After a death, a great deal often comes the way of the bereaved. We guide you carefully through applying for a certificate of inheritance and make sure you quickly gain clarity about the settlement of the estate.
What can we do for you?
-
View the brochures
Want to read more about the certificate of inheritance?
Frequently asked questions
Banks and other institutions usually require a certificate of inheritance after someone has died. Only in this way can they be certain who is authorised to deal with the deceased's assets.
A certificate of inheritance is a statement by a notary in which, among other things, the following is established:
- that someone has died;
- whether or not there was a community of property between spouses;
- who the heirs are on the basis of any will and a search of the civil registry records and the law;
- whether heirs have accepted the estate;
- who is/are authorised to act and to manage or dispose of the estate.
If, as an heir, you wish to receive the share of the estate you are entitled to but do not want to be liable for possible debts, you can accept an inheritance with benefit of inventory. You must then have an estate inventory drawn up, a list of all assets and debts. In addition, your acceptance with benefit of inventory must be registered with the Court.
An executor must be appointed by will. Because of the role of the executor, it is important to appoint someone you trust completely. The executor handles all matters after your death. This includes arranging the funeral, but also the actual settlement of the estate, such as paying out legacies and settling any outstanding debts.
