After death, a notary can issue a declaration of inheritance, showing who the heirs are. As of 2012, the declaration is no longer necessary in all cases. After death, the deceased’s assets become part of his estate. In most cases, the assets will belong to the partner and children of the deceased. If these are not available, the inheritance goes to the parents and siblings. If a will has been drawn up, someone else may be the heir of the deceased.
Companies and institutions cannot let surviving relatives arrange matters before they know that the persons concerned are indeed the heirs. Through a declaration of inheritance, surviving relatives can demonstrate that they are allowed to perform actions on behalf of the deceased. Such a statement will often be necessary in order to arrange the deceased’s banking affairs.
How do surviving relatives obtain a declaration of inheritance?
It is up to the notary to determine who the surviving relatives of the deceased are. Someone can be designated as surviving relative by law, but it may be stated differently in a will. The notary will record in writing who the heirs are.
How much does a declaration of inheritance cost?
The notaries set their own rates. There can be major differences in the rates charged to draw up a declaration of inheritance. The rate depends largely on the time the notary has to spend on drawing up the statement and the research that precedes it. In any case, you should take into account at least between 250 and 500. Make clear agreements in advance with the notary about the amount of the costs.
In addition to the amount of the costs, it will also take a lot of time before the statement is issued by the notary. This can lead to a situation where no money is available for weeks , even though high costs have to be paid.
Who asks for a declaration of inheritance?
Various companies and institutions can request such a statement. They will be able to request the statement in the event that the surviving relatives have to perform legal acts on behalf of the deceased. Banks have the option to block accounts of deceased persons until they have received a declaration of inheritance.
Declaration of inheritance is often no longer necessary from 2012?
The declaration of inheritance regularly causes problems. For this reason, it has been decided to relax the strict rules slightly. The deceased’s partner no longer has to incur high costs for a declaration of inheritance if there is no deviation from the legal division, or if there are no children of the deceased.
If no will has been drawn up, no deviation has been made from the legal division. If there is more than 100,000 in the account, the partner must first complete a form to gain access to the account. The exception also does not apply if there is a complex situation, for example a foreign will.
In other cases it remains necessary to have a declaration of inheritance drawn up.