COST ESTIMATES
Deed of Real Estate Succession
See the costs for this deed after a death.
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To begin with
← Inheritances from A to Z
"We are the children, so everything is ours." That can be too hasty. A partner, a will or a marriage contract can also determine who has which rights.
“To me, adulthood begins with this double movement: to look honestly and then to act consciously.”
Your questions, step by step
After a death it is not always clear who is authorised to arrange what. We help determine who inherits and which document you need.
Why do I go to the notaire for this?
The civil-law notary investigates who is heir, which wills or matrimonial agreements apply and which proof document is necessary. A certificate can, in simple cases, also be obtained via the competent government service.
How do I know who inherits and who may act?
Report the death and provide the family details and available documents.
The office examines registers, family ties and the relevant agreements.
With the appropriate certificate or deed, further arrangements with the bank and other authorities can be followed up.
How does this proceed and how long does it take?
The duration depends on family details, foreign documents and any fiscal or social declarations. Do not wait for the bank clearance to consider the inheritance tax return deadline.
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?
Provide what you already have from the municipality, bank or notaire. If a document is missing, provide the name, date and place of death. The office will check what it can obtain itself.
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 full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.
Where can I find this?
Provide what you already have from the municipality, bank or notaire. If a document is missing, provide the name, date and place of death. The office will check what it can obtain itself.
Where can I find this?
Search in your deed folder, Izimi or Mijn akten. Cannot find the deed? Provide the address, estimated date and possibly the previous notarial office; we will see how to request a copy.
These check marks only remain on the opened page and are not sent to the office.
Open the checklist: ready, need help or not applicableWhat does the notaire do and investigate?
- Who are the heirs?
- Are there wills, matrimonial agreements or foreign connecting factors?
- Who can act validly?
- Which deed, notifications and possible real estate formalities are 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?
Check all heirs, their rights and representation. An inheritance succession document is not the same as a final division or fiscal declaration.
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?
Provide the required document to banks and authorities. Discuss the declaration, any real estate formalities and the division separately.
Which practical tips can help me?
Bring letters from different banks together. This prevents the file having to be explained again per account.
What do these words mean?
- Inheritance succession
- who, after a death, steps into the rights and obligations of the deceased.
- Certificate or deed of succession
- a document establishing the inheritance succession.
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 AppointmentGeneral explanation for your preparation. The rules and documents that apply to you are determined based on your file.
On this page
First: what already belonged to the other?
An inheritance includes what the deceased leaves behind. The entire property of a married couple is therefore not automatically the estate of one of them. First it is checked what is owned individually, what is joint property and which agreements apply upon death.
A simple example
A home worth €400,000 belongs, in this simplified example, half to each spouse. Without a different provision, the surviving spouse's own half is not inheritance. The investigation into the rights of the heirs concerns the deceased's half. Debts and other agreements are disregarded in this example.
Practical tip. Bring the purchase deed and the marriage contract if you have them. The name on an invoice or account does not always tell the full story about ownership.
Your type of relationship makes a difference
With a spouse and children, the spouse inherits according to the legal principle the usufruct of the estate and the children inherit the bare ownership. Existing arrangements can modify this.
A legally cohabiting partner generally has a legal inheritance right to the usufruct of the family home and household effects. This is more limited than for married spouses and can be changed by will. De facto cohabitation alone does not grant legal inheritance rights. Stepchildren also do not automatically inherit from a stepparent.
Usufruct: using is not the same as owning everything
Usufruct grants someone the right to use an asset and to receive its income. For a dwelling, this could mean living in it or receiving rent. The bare owner holds the ownership burdened by that right. For the sale of full ownership, the involved rights must be considered together.
This does not mean that anyone can arbitrarily decide about the dwelling. Maintenance, costs, and a possible conversion of the usufruct also require investigation.
A simple example
A mother has usufruct over a dwelling and her children hold the bare ownership. The children cannot simply decide that the mother must leave because they are "owners". Conversely, the mother cannot sell the full ownership without more. Their rights coexist side by side.
What changes a will or gift?
A will can designate persons or assign assets. It must be read together with the legal protection of certain heirs and previous gifts. Considering a sentence from a will in isolation is therefore insufficient.
Tell us also about gifts made outside a notarial deed. The question whether a previous gift between heirs must be settled exists alongside the fiscal question of whether it counts for inheritance tax. A tax rule therefore does not automatically provide the answer to the family distribution.
Practical tip. Report a previous gift without deciding beforehand that it is "too old". Date, proof, and made arrangements determine what investigation is necessary.
What does the civil-law notary investigate, what do you tell?
The notaire and the office
Combines family relationships and relevant deeds and explains who has which rights. Investigates unclear or conflicting data.
You as heir
Provides documents and family information. Reports previous marriages, children from other relationships, a deceased heir and foreign connections.
A family tree does not need to be a beautiful document. A simple sketch with names and relationships is often a good start. If in doubt, put a question mark.
Calculate first, discuss afterwards
USEFUL FOR YOUR PREPARATION
Use the official tools at Notaris.be. Cost estimates are indicative; discuss the result for your specific case.
HEIRS
Inheritance guide
Explore who inherits according to the legal rules. This is not a cost calculation.
Open the Inheritance Guide (new tab)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 administrationEASY PREPARATION
Your checklist: determining succession
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
RELIABLE CONTINUED READING
View sources and practical websites
Notaris.be · Inheritances and giftsExplanation from the Belgian notariat about estates and wealth planning.Flemish Tax Administration · Inheritance TaxOfficial information on declaration, calculation and payment of the Flemish inheritance tax.Flanders · Certificate or deed of inheritance successionSee which document is required and which authority you can contact.
FROM FIRST QUESTION TO NEXT STEP
You do not have to figure it out alone.
Getting an overview
We bring together those involved, available documents and your questions.
Understanding choices
We discuss what needs to be examined and which decisions lie ahead.
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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