What is a certificate of inheritance and when should it be drawn up?

This certificate enables the heirs and/of executor to prove to authorities, such as banks, tax authorities or insurance companies, that they are entitled to access the estate of the deceased, including his or her bank balance. It may also be required to access life insurance payments or tax refunds. A certificate is not easy to obtain. After death, the heirs and/or executor have to apply for a certificate of inheritance from a civil-law notary, who then investigates.

Check by the notary

The civil-law notary will check whether the deceased has a will, who the heirs are and whether an executor has been appointed. All these details are then recorded in a certificate of inheritance. It should be kept in mind that this may take some time, especially if there are many heirs or if it is difficult to locate the heirs. It is important not to wait too long before applying for the certificate.

A bank or insurance company will not simply provide information without seeing such a certificate. They are liable and need to ensure that the right person gets access to the right information. If the deceased did not make a will and there is a low bank balance, it is sometimes possible to gain access without a certificate.

Certificate of executorship

If the deceased appointed an executor and the search for heirs has not yet been completed, the civil-law notary may also be asked to draw up a certificate of executorship. This is a certificate of inheritance stating only that the executor has accepted the appointment as executor. The certificate of executorship sets out the powers of the executor.

Land Register

If the inheritance includes a house or other property, it is wise to ask the civil-law notary to register the certificate of inheritance with the Land Registry. This not only ensures that the name on the assessment under the Valuation of Immovable Property Act (WOZ-aanslag) is correct, but also that the Land Registry shows who the new owners are. If this is not done, the deceased remains listed as the owner in the Land Register.

In short: the certificate of inheritance

A certificate of inheritance is not personal. Anyone can have this certificate drawn up; even the deceased’s creditors. A certificate of inheritance shows who has which rights. Individuals can be mentioned in a certificate of inheritance even if they have a dispute with the person who had the certificate drawn up.

More information

Do you have a legal question? Would you like help drafting your certificate of inheritance? Please do not hesitate to contact us.