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Notariaat Wellens

Someone has passed away

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"The truth does not necessarily have to be fully processed all at once."
Paul Wellens

Your questions, step by step

After a death, much often comes at you all at once. You do not have to figure everything out yourself. We look together at what is urgent and what can wait.

Why do I go to the notaire for this?

The office helps determine who inherits, which choices are possible and how assets, debts and taxes are handled. You do not need to gather everything beforehand to make contact.

What must I arrange when someone dies?
  1. Register the death and notify the banks. Discuss urgent payments with them.

  2. Have heirs, wills and matrimonial agreements investigated and seek advice before you accept the inheritance or divide goods.

  3. Inventory assets and debts and prepare the declaration of estate.

  4. Then arrange the release, possible real estate formalities and division. These steps can partly run in parallel.

How does this proceed and how long does it take?

Not everything has to be done at once, but the declaration of estate does have a legal deadline. That declaration serves to calculate the inheritance tax.

For a Flemish declaration the deadline is normally four months after a death in Belgium. For a death in another country of the European Economic Area (EEA) it is five months; outside the EEA six months.

Blocked bank accounts or disagreements among heirs do not automatically suspend that deadline. The full settlement of the estate can take longer.

Please feel free to contact us if you do not yet have all the documents. We will consider which date counts first and what still needs to be gathered.

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?

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?

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 report with date and name of the appraiser. If there is no valuation yet, do not order one without consultation: first discuss what valuation is needed.

Where can I find this?

Request the policy and any payout letter from your insurer or broker. Mention the insured party, beneficiary and contract reference.

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.

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

Request help with missing documents
What does the notaire do and investigate?
  • Who are the heirs and which arrangements apply?
  • What choice does the risk of debt require?
  • Which documents are needed for the bank and tax authorities?
  • What follow-up steps are required by the goods and the division?

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 heirs, goods, debts and what you are signing. A deed of succession, tax declaration and deed of division each have a different purpose.

If there are unknown debts, first discuss your inheritance choice.

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?

Check the assessment notice and payments. Arrange insurances, subscriptions, home and digital accounts through the appropriate channels.

Keep the documents and report goods or debts found later.

Which practical tips can help me?

Make one folder with bank letters, invoices and existing deeds. Keep urgent payments separate and do not use the deceased's access codes.

What do these words mean?
Inheritance choice
deciding whether and how you accept an estate, or reject it.
Inheritance tax
tax on what you obtain from an estate.
Settlement and distribution
calculating mutual rights and allocating the goods.
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 AppointmentFlemish Tax Administration: the declaration deadline

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

FIRST OVERVIEW

After a death many questions arise at once. Start with the first practical matters and what you do not yet know. You do not need to compile the inheritance file entirely yourself first.

  1. Start with what requires attention today

    Read the first steps. Report any ongoing deadlines, urgent payments or uncertainty about debts to the office.

    View the explanation and preparation
  2. Gather the available information

    Collect what you already have regarding family, assets, debts and existing agreements. Indicate where you need help.

    View the explanation and preparation
  3. Agree on who takes on what

    We discuss your questions, the assignment and the choices still to be examined. Acceptance, declaration and distribution are different components.

    View the explanation and preparation
Image accompanying guidance by Notariaat Wellens

What do we record together?

You bring your question and the available documents. We discuss which information is missing, what needs to be investigated and who takes which step. Assignment, fee and timing are discussed in advance.

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