Certificate of inheritance

What is a certificate of inheritance?

A certificate of inheritance is a document in which a notary officially determines who is entitled to the estate of a deceased person according to the law or a Will.

The notary investigates the following for this purpose:

• the death certificate
• the Central Register of Wills
• the family relationships of the deceased
• de toepasselijke wettelijke regels van het erfrecht

Based on this investigation, the notary records who the heirs are, who is authorized to manage the estate, and whether an executor has been appointed.

With this certificate, heirs can close bank accounts, sell a home, terminate insurance policies, and distribute assets. Read more about the general rules on our inheritance law page.

When is a certificate of inheritance required?

In practice, many institutions require a certificate of inheritance before cooperating with the settlement of an estate. This is typically the case when:

• the deceased had bank accounts or investments
• there are multiple heirs
• a home or other real estate must be sold or transferred
• a Will exists
• an executor is settling the estate

Banks use the certificate to determine who is authorized to dispose of the deceased’s accounts. Conditions vary by bank or institution. Inquire in advance about which documents are required.

When is a certificate of inheritance not required?

A certificate of inheritance is not required for every estate. In some situations, institutions may cooperate with the settlement without a certificate. In practice, this occurs when:

• the balance in an account is limited
• there is only one heir
• no real estate needs to be sold

Depending on the circumstances, different threshold values and conditions apply per bank. Consult the relevant institution for certainty.

Who prepares a certificate of inheritance?

Only a notary can prepare a certificate of inheritance. The notary first conducts an investigation into the legal situation of the estate before the certificate is drawn up.

In some estates, conflicts between heirs arise or there is lack of clarity regarding the content or validity of the Will. In such situations, legal advice from a specialized lawyer may be wise, alongside or in addition to the involvement of the notary.

How do you apply for a certificate of inheritance?

Applying for a certificate of inheritance usually follows a fixed sequence.

Step 1 — Report the death to the notary

The notary receives the death certificate and starts the legal investigation into the estate.

Step 2 — Check the Will

The notary consults the Central Register of Wills to determine whether the deceased had a Will drawn up.

Step 3 — Determine the heirs

The notary determines who the heirs are based on the Will or the legal rules of succession.

Step 4 — Acceptance of the inheritance

Heirs must decide whether to accept the inheritance unconditionally, accept it under the benefit of inventory, or renounce it. Depending on the circumstances, this may have consequences for liability for debts. You can read more about this on our page about inheritance with debts.

Step 5 — Prepare and issue the certificate

Once all information is known and heirs have made a choice regarding acceptance, the notary prepares the certificate of inheritance. With this document, the estate can be further settled.

Wat kost een verklaring van erfrecht?

A certificate of inheritance is prepared by a notary. Notaries use free market rates — there is no legally fixed amount. In practice, the costs usually range between €150 and €500, depending on the complexity of the estate and the notary’s rate.

The notary charges fees for the investigation they perform: they check who the heirs are, whether a Will exists, and whether that Will is valid. For a simple estate with one heir and a clear Will, the costs are usually on the lower side. With multiple heirs, an international element, or lack of clarity regarding the Will, the rate increases.

Can a certificate of inheritance be requested for free?

A certificate of inheritance is only available through a notary. There is no free version. Some banks accept a shortened certificate or a self-declaration from the heirs under limited circumstances — but this depends on the bank’s policy and usually only applies to small balances. For most situations, a notarial certificate is required.

When are the costs higher?

The costs for a certificate of inheritance may be higher if:

• there are multiple heirs and the notary must identify and assess each of them
• the estate contains international elements, such as assets abroad or a deceased person with a foreign nationality
• there is lack of clarity regarding the validity or content of a Will
• the certificate must be prepared urgently

In the case of an international estate, additional requirements apply. In that case, the notary must determine which law is applicable and which court has jurisdiction. This requires extra research and increases the costs. You can read more about this on our page regarding international inheritance law.

Who pays the costs?

The costs for the certificate of inheritance are borne by the estate — not by the heirs personally. They are therefore settled during the distribution of the estate.

In the event of lack of clarity or conflict regarding the estate — for example, when heirs do not agree on the distribution or the execution of the Will — legal guidance alongside the notary is recommended. An inheritance lawyer can guide you in that situation. Contact us if you want to know which steps are wise in your situation.

How long does it take to prepare a certificate of inheritance?

The turnaround time is usually several weeks. The exact duration depends on the availability of documents, the number of heirs, and the complexity of the estate. When all information is quickly available, a certificate can sometimes be prepared within two to three weeks.

When is legal advice wise?

In many estates, the settlement proceeds without complications. However, there are situations in which legal advice alongside or in addition to the notary is wise. This applies, among other things, when:

• heirs cannot agree on the distribution of the estate
• a Will is contested or the validity is unclear
• it is unclear who qualifies as an heir
• an executor may be making mistakes in the performance of their duties
• international aspects are involved, such as assets abroad or a deceased person with foreign nationality

When the estate contains debts and you want to prevent becoming personally liable, acceptance under benefit of inventory is a relevant option that requires legal guidance. When you have been disinherited as a child but believe you are entitled to a legal minimum share, a lawyer assesses whether you can claim the statutory share.

Are you already involved in an ongoing estate and would you like an independent opinion? Request a second opinion from an inheritance lawyer.

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