To the content
Notariaat Wellens
Menu
Thin waves move calmly over wet sand.

Giving & bequeathing · Notarial deeds

Accepting or renouncing an inheritance

Discover our guidance ↓

To begin with

← All notarial deeds

You may also inherit debts. What choices can you make?

Carefully distinguish between pure acceptance, acceptance under the estate inventory privilege, or renunciation.

"An important promise, a gift, a loan or a breach is sometimes much harder to retract."
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

What does this regulate?

01 · UNDERSTAND

An estate can include assets and debts. The choice of inheritance determines how you are bound to it. In case of doubt about debts, that choice deserves attention before you divide, sell or take up assets.

Besides pure acceptance, there are acceptance under the estate inventory privilege and renunciation. Specific rules apply for formal statements and settlement. We review which information is available and which steps are appropriate.

A RECOGNISABLE SITUATION

You unexpectedly receive reminders after the death. Before you divide assets from the residence, we look at the debts, your position and the possible consequences of each inheritance choice.

What requires attention?

02 · CHOOSE CONSCIOUSLY

Certain behaviours can imply acceptance. Additional safeguards apply to minors or protected persons. Renunciation may have consequences for those who inherit after you.

Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.

More points to consider for your own situation

A conversation at home over a cup of coffee

03 · YOUR INTENTION

You do not need to be able to answer all this in advance. Your doubts are also a good starting point.

Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.

  1. Which assets and debts are known?

    Gather account balances, ownership details, loans and outstanding invoices. Note unknown items separately; an incomplete overview is not yet a basis for a choice.

  2. Have you already withdrawn money, sold assets or made agreements?

    Make an exact list of what you have already done, with dates and proof. Discuss these actions before you further dispose of goods or money from the estate.

  3. Are there minor children who may be affected by your choice?

    Provide all children and their birthdates. Before deciding, check whether and how minors might be involved.

  4. Is there a business, guarantee or disputed debt?

    Also mention possible guarantees, professional debts and disputes, even if the amount is unknown. Add available contracts and letters.

  5. Are urgent actions needed to preserve assets?

    Immediately describe what requires urgent protection, such as a leak, animals or an uninsured property. Ask which precautionary measure is appropriate without pre-empting your inheritance choice.

What do we need, and why?

04 · PREPARATION

Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.

Identity and contact details

To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.

Death details and family overview

To determine your position and possible subsequent heirs.

Letters from creditors and bank information

To assess known risks.

Overview of actions already taken

To check whether your choice is still open.

Details of protected or minor persons involved

To investigate the necessary authorisations.

Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.

What does NotaLegal do for you?

05 · GUIDANCE

We explain the options and guide you through the required declaration and the subsequent procedure. For certain renunciations, there is a statutory cost-free arrangement; we check whether this applies to your situation.

You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.

Know in advance what to expect.

06 · FEES

Statutory tariff where legally established

For deeds with a legally established fee, we apply that tariff. The total settlement also includes, depending on the file, taxes, dossier costs, third-party expenses and VAT. For services without a legally established fee, we agree the remuneration in advance.

You will receive a clear explanation in advance regarding the costs of your transaction. We discuss the services your file requires and distinguish between fee, taxes and other costs.

Read more

Substantive background: notaris.be · Renouncing an inheritance

General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.

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.

View all calculation modules →

Frequently Asked Questions

FROM READING TO PREPARATION

Already a first answer.

Do I need to know already which deed I need?

No. Start from what you want to arrange. An existing deed, a draft or your own description helps us ask the right questions. The explanation on this page gives you a first idea of the possibilities; the concrete elaboration follows from your situation.

What can I prepare now?

Gather the documents mentioned on this page for preparation. Also note what you want to keep, who is involved and which date is relevant. If you do not yet have everything, mention what is missing at your appointment.

Can I first have a draft discussed?

You can submit your question about a draft before proceeding. Indicate if there is a response deadline and provide the complete version, including attachments. We will coordinate with you on the control and guidance you require.

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

You save this for your own consultation. The office does not receive anything via this button.