Distribution of the estate

Statutory distribution: who gets what?

When there is no will, the law determines how the estate is distributed. Statutory distribution has two main rules:

Surviving spouse

The surviving spouse or registered partner acquires all assets of the estate by operation of law. This means that the home, bank accounts, and other possessions go to the survivor, even if there are children.

Child’s share

Children do inherit, but they receive a monetary claim against the survivor instead of a direct share in the assets. In principle, this child’s share is only payable upon the death of the surviving spouse or in the event of their bankruptcy. The amount of the child’s share is calculated based on the value of the estate and the number of heirs.

If a child wishes to claim their share earlier, additional conditions apply. In many cases, a legal assessment is required for this. You can read more about this topic on the page legitimate share and disinheritance.

Distribution with a will

When the deceased has drawn up a will, its contents are leading for the distribution. The following questions play a role in the assessment of a will:

• Which heirs have been appointed?
• Are there legacies: specific assets or amounts that go to certain individuals?
• Has an executor been appointed to manage and settle the estate?
• Do special conditions or exclusion clauses apply?

Bij onterving kan een kind in veel gevallen alsnog aanspraak maken op de legitieme portie. Dit is een wettelijk minimumdeel dat niet via testament kan worden weggenomen.

When does discussion arise regarding the distribution?

In practice, discussions regularly arise during the distribution of an estate. Common situations include:

• Heirs disagree on the value of the home, business, or other assets.
• There is lack of clarity regarding gifts made by the deceased during their lifetime to one or more heirs.
• One or more heirs refuse to cooperate with the distribution.
• There is disagreement regarding the execution of the will or the powers of the executor.
• Debts of the estate are unclear or more extensive than expected.

In the event of a broader conflict between heirs, an attorney can mediate or conduct proceedings.

Liability: inheritance with debts

Prior to the distribution, it must be clear whether the estate contains debts. Heirs who accept the estate unconditionally may, under certain circumstances, be personally liable for the debts of the deceased.

To limit this risk, heirs can choose beneficial acceptance. In that case, they are only liable up to the value of their share of the inheritance. You can read more about this on the page inheritance with debts.

Timely legal assessment is strongly recommended if there is doubt about the extent of the debts.

How does a distribution procedure work?

When consultation does not lead to agreement, a distribution procedure can be started at the court. The procedure generally proceeds as follows:

1. Submission of a petition to the court.
2. Determination of the size of the estate: assets, debts, and values.
3. Appointment of a notary or expert if the court deems this necessary.
4. Determination of the method of distribution based on the law, the will, and the circumstances.
5. Judicial decision on the allocation of assets or, if necessary, the sale thereof.

A procedure requires careful preparation and a clear overview of the legal position of all heirs. Do you have an ongoing procedure elsewhere and would you like to have your position reviewed? Request a second opinion.

International estates

When assets are located in multiple countries, or when one of the heirs lives abroad, it must first be determined which law applies and which court has jurisdiction. You can read more about this on the page international inheritance law. International aspects can influence the method of distribution and in many cases require a tailored approach.

Based on Real Cases

Three heirs were joint owners of the parental home. One of them wanted to sell, the others did not. Consultation did not lead to a solution. By submitting a request for distribution to the court, it was possible to determine how the home should be divided and how the proceeds were distributed among the heirs. Every situation requires its own legal assessment.

When is legal guidance advisable?

Legal guidance during the distribution of an estate is particularly advisable when:

• Communication between heirs stalls or has stopped completely.
• Large or difficult-to-value assets must be distributed.
• Debts or liability risks play a role.
• Deadlines or procedural steps are at risk of being missed.
• There is doubt about the validity or interpretation of the will.

An advisory meeting provides an overview of your position and the possible routes.

Written by Carla Simmelink, inheritance law lawyer at Simmelink Lawyers.

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