To begin with
A short answer only helps if you also understand what it means for the next step.
"Sometimes the answer only emerges after the question has had a few days to watch life."
On this page
What are you uncertain about?
Do I need to engage a notaire for the declaration?
For the declaration itself it is not mandatory. You can prepare and submit it yourself. However, certain other actions require a notaire. A complex succession, prior gifts or a business can make the declaration less straightforward than the form suggests.
Ask at the start which tasks you need. Read what the declaration does and does not arrange.
Are the accounts released as soon as the declaration is submitted?
Not automatically. The bank requires proof of succession and the necessary checks and instructions. The declaration serves a fiscal purpose. Therefore, the bank formalities and the declaration may run in parallel.
On the page about blocked accounts you can read what you may request from the bank.
Must the estate be fully distributed within four months?
No. In principle, the four months is the Flemish declaration term for a death in Belgium. The distribution may take more time. Even if heirs have not yet agreed about the home, the fiscal calendar still requires attention.
Report any disagreement in time. Read how we monitor the term.
What if one heir does not sign?
A joint declaration requires the necessary signatures or representation. Including a name is not a substitute for consent. The reason must be investigated: is there an error, a practical issue or a substantive dispute?
A separate declaration may be an option. It does not relieve the other declarants from their own obligations. Consult before the term expires.
Is paying tax the same as accepting the inheritance unconditionally?
The fiscal treatment and the civil-law choice of inheritance are different questions. Therefore do not draw conclusions from one payment or document without assessing the circumstances. Specify before you act what precise action you intend to take.
In case of doubt about debts, the first question is which inheritance choice is responsible. Read the consequences of acceptance or refusal.
Can I simply reclaim costs that I have paid myself?
Do not assume that. Keep invoices and proof of payment, and note why the cost was necessary. Whether and how you recover it depends among other things on the nature of the cost, the authority and the agreements.
Do not take an amount from an account to reimburse yourself. Present the request first and make the settlement transparent to those involved.
What if there are minor heirs?
Then it must be determined who represents them and what consent is required. For certain choices and actions, the justice of the peace intervenes. A parent cannot automatically perform every act without additional formalities.
Also report when the parent is themselves an heir and interests may conflict. That can affect the representation.
What if the deceased or an heir lived abroad?
State which countries are involved and why: residence, nationality, bank account or real estate. Inheritance law and inheritance tax do not always follow the same connecting factors. A foreign document may require additional formalities.
Bring foreign documents and first determine what examination is necessary. A Flemish declaration does not automatically replace a foreign obligation.
Can I continue working with the mandat de protection extrajudiciaire after death?
A mandat de protection extrajudiciaire provides representation during life and generally ends at the death of the granter. Therefore do not continue as if nothing has changed. The succession and any other authorities must be examined.
Ask the office what still needs to be done for an ongoing act, and report the death to the relevant institution.
How long does the complete settlement take?
That depends on the file. Ask for the next concrete milestone rather than only an end date. What information is missing? Are we waiting for a bank, an appraiser, a signature or approval?
The declaration, bank release and distribution each have their own course. On the step-by-step plan you can see how these matters relate to each other.
What does full guidance from A to Z cost?
There is no fixed amount that suits every estate. Request the distinction between taxes due to the authorities, deed costs, searches, work for the declaration and any external experts. Also, a sale or a judicial procedure may constitute a separate assignment.
We agree the assignment in advance. Read how we discuss the costs.
What if a bill surfaces later?
Provide the document immediately, with the date you received it. Have it examined to see if a supplement, correction or new declaration is necessary. Do not assume the amount is too small to mention.
An example to start with
RECOGNISED IN PRACTICE
You are managing the administration of a deceased relative. Some documents are available, others are still missing. Note what you have already done, who is involved and which question you want to discuss first.
An illustrative example. Your own situation may be different.
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
A checklist for your next step
Choose your subject. You will receive a concrete list of documents with simple explanations and help with what is still missing.
Useful websites on this topic
RELIABLE CONTINUED READING
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.
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