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Giving & bequeathing · Notarial deeds

Deed of succession

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To begin with

← All notarial deeds

Someone has passed away. Who is now allowed to take which steps?

Establishing the heirs and their rights to be able to proceed with the administration of the estate.

"Asking for facts does not mean emotions do not matter."
Paul Wellens

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?
  1. Report the death and provide the family details and available documents.

  2. The office examines registers, family ties and the relevant agreements.

  3. 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 applicable
What 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 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

After a death, it must be established who inherits and what rights each person has. The deed of succession records this information after the necessary checks.

In the case of immovable property, the formal registration of the succession in the land registers is also involved. We determine which document is necessary for your situation and what further administration will follow.

A RECOGNISABLE SITUATION

The bank requires a document relating to inheritance law, while the family may also wish to sell a property. We consider both requirements together so that you know which documents are needed for each step.

What requires attention?

02 · CHOOSE CONSCIOUSLY

A deed of succession is neither a declaration of inheritance nor a deed of partition. In simple cases, a certificate from the competent government service may suffice for certain purposes; in special circumstances, notarial intervention is required.

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

An elderly couple walking together

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. Is there a will, marriage contract or inheritance agreement?

    Gather the documents or specify which office prepared them. Even an older copy or indication can be helpful for the research.

  2. Are all family members and any foreign links known?

    Prepare an overview of the family with contact details. Include places of residence, nationalities and family members abroad.

  3. Are there immovable properties or indications of debts?

    List known assets and possible debts separately. Also note uncertainties and add letters from banks or creditors.

  4. What specific issue do you want to resolve: accounts, sale or division?

    State for what purpose you need the document and which authority is requesting it. Bring that request so that we can determine which step is necessary.

  5. Has anyone already taken actions regarding the deceased's property?

    Note who has already made payments, withdrawals or transfers, with dates. Have their significance assessed before any further actions are taken.

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 identify the estate and possible heirs.

Marriage contract, wills and previous deeds

To investigate the extent of the inheritance rights.

Details of real estate and banking institutions

To determine for which assets and transactions documents are necessary.

Information about possible debts

To discuss the choice of acceptance or renunciation of the inheritance in a timely manner.

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 carry out the necessary checks, establish the succession and guide you through the formalities. We distinguish between what is resolved with this deed and what still must be handled separately.

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.

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Substantive background: notaris.be · Deed of immovable succession

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.

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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: 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

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.

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