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NOTACARE INHERITANCES

Accepting an inheritance?
Also consider the debts.

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To begin with

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You do not have to choose blindly. But the way you act can influence your range of choices. Therefore, seek timely advice when the assets or debts are unclear.

"In decisions about assets, care, work or connection, slowness is sometimes the most honest form of courage."
Paul Wellens

Your questions, step by step

Are you unsure whether to accept an inheritance? You may ask this question first. We help you understand the assets, debts and consequences of your choice.

Why do I go to the notaire for this?

An inheritance can also include debts. The civil-law notary explains what accepting, accepting under the extrajudicial protection mandate, and rejecting mean for you.

Must I accept an inheritance?
  1. First gather information about possessions, debts and actions already taken.

  2. Discuss the choice per heir and the consequences for any children.

  3. Have the required declaration, authorization or inventory arranged.

How does this proceed and how long does it take?

There is no safe general reflection period for every situation. Actions, reminders, proceedings and fiscal deadlines may affect your position.

Have every received dated letter assessed immediately.

Which documents should I provide to the notaire?

Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.

Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.

Where can I find this?

Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.

Where can I find this?

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Where can I find this?

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Where can I find this?

Write down full names and contact details. Bring your identity card to the appointment. Report foreign documents or representation; the office will tell you which additional documents are needed.

Where can I find this?

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

These check marks only remain on the opened page and are not sent to the office.

Open the checklist: ready, need help or not applicable
What does the notaire do and investigate?
  • Have previous actions already had legal consequences?
  • Which debts and deadlines are known?
  • What does each choice mean for you and your children?
  • Are an authorization, declaration or inventory necessary?

We agree on which searches the office will conduct and which information you, your bank or another expert will provide.

What should I pay attention to before I sign?

Ask if previous actions already have consequences. If you reject, also have it examined who may inherit in your place.

Minors require special attention.

Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.

What else must I arrange afterwards?

Keep proof of your choice. When accepting under the extrajudicial protection mandate, the settlement must proceed according to the applicable rules; do not mingle goods and payments without advice.

Which practical tips can help me?

Do not divide or sell goods yet if you doubt about the debts. First ask which urgent actions you can secure safely.

What do these words mean?
Rejecting
not accepting the estate.
Inventory
a formal inventory of the estate.
Acceptance under the condition of an inventory of the estate
Acceptance with a statutory protection against debts, provided the rules are followed.
Where can I find more explanation or help?

You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.

We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.

Ask your question to the officeMake an Appointment

General explanation for your preparation. The rules and documents that apply to you are determined based on your file.

On this page

Three options, each with different consequences

ChoiceWhat does it mean?
Pure acceptanceYou accept the inheritance. In case of a deficit, creditors can also claim against your own assets.
Acceptance under the condition of an inventory of the estateA formal procedure keeps the inherited assets separate. If the conditions are met, your liability for the inherited debts is limited to that estate.
RejectingYou reject the inheritance. You receive nothing from it and do not carry the debts in your capacity as heir. Any personal obligations remain separate.

Rejection and acceptance under condition are handled via the civil-law notary. A message to family that you “do not want anything” is not enough. The best choice depends on the specific case, not only on the balance visible today.

A positive balance does not tell the whole story

A simple example

There is €12,000 in an account. Later it appears there are €25,000 in debts. This simplified example shows why looking only at the bank balance can be dangerous. With pure acceptance, the deficit can affect your own assets. Have what is known and what remains uncertain investigated before deciding.

Also consider less visible obligations: a family loan, a guarantee, overdue taxes, or a business. A letter you do not understand is exactly a reason to submit it. Not understanding does not mean the debt does not exist.

Can I accept unknowingly?

Yes. The law considers not only what you say, but also what you do. A sale, division or appropriation of goods can express acceptance. That does not forbid every practical act: the nature, necessity and circumstances matter.

Ask concretely: “May I pay this invoice?” or “May I move this item to prevent damage?” This provides more clarity than the general question whether you “may do anything yet.”

Practical tip. Keep a list of necessary measures and retain evidence. Consult beforehand about acts that permanently remove money or goods from the estate.

What does rejection mean for your children?

By your rejection, your descendants may be called to the inheritance in your place. Their position must then also be examined. If they are minors, special rules apply for representation and judicial authorization.

Rejection is thus not always the end of the family matter. Immediately inform the civil-law notary if you have children and their ages. Ask what the next step is for them.

More points to consider for your own situation

  • What do we know? Which assets and debts are confirmed with documents?
  • What do we not yet know? Are there business risks, foreign obligations or unclear payments?
  • What have I already done? Have any acts been performed that affect my choice?

Also report something that has already happened and about which you now have doubts. The office can only assess the consequences if it knows the facts. At the same time, inquire about the costs and obligations of the proposed procedure.

Calculate first, discuss afterwards

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USEFUL FOR YOUR PREPARATION

Use the official tools at Notaris.be. Cost estimates are indicative; discuss the result for your specific case.

View all calculation modules →

Frequently Asked Questions

FROM READING TO PREPARATION

Already a first answer.

What can I do if many things happen to me at once?

Start with one overview: contacts, received letters, ongoing appointments and questions. Use the topics and checklist on this page to divide the preparation. Immediately mention dated letters to the office.

Must one heir collect everything alone?

You can divide practical tasks among yourselves and keep track of who has which information. That alone does not indicate who may legally act. Discuss with the office who provides information and who should be involved in decisions.

Where can I find help with administration?

Our separate page about administration after death bundles practical information for subscriptions and services. The inheritance guide also assists you with the documents for the notaire and the progress of the declaration.

Help with subscriptions and administration

EASY PREPARATION

Your checklist: accepting or rejecting an inheritance

Which documents do you prepare, where do you find them and when can the office assist? Indicate what you have and where you need support.

Useful websites on this topic

FROM FIRST QUESTION TO NEXT STEP

You do not have to figure it out alone.

  1. Getting an overview

    We bring together those involved, available documents and your questions.

  2. Understanding choices

    We discuss what needs to be examined and which decisions lie ahead.

  3. Further settlement

    We agree on which formalities the office will handle and what else is required from you.

View my preparation

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