Inheritance Law Advice·

Navigating Inheritance Settlement: Essential Steps and Deadlines

Learn how to efficiently manage an inheritance within the crucial first three months following a death, including tips on legal distributions and wills.

The Critical First Three Months After Death

Losing a loved one is an emotionally challenging time, which, alongside grieving, requires addressing many practical matters. Legal issues surrounding inheritances need prompt attention. Dutch law sets a three-month deadline within which key decisions must be made to properly handle an inheritance.

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An important aspect of inheritance settlement is the legal distribution. This can be reversed within three months of the deceased's passing by the surviving partner. This requires a formal declaration through a notarial deed, which must be filed with the court within the same period. Failing to meet this deadline means the legal distribution remains in effect, making the surviving spouse and children joint owners of both the assets and debts of the deceased.

Beneficiary Acceptance for Heir Protection

In cases where an heir is a minor or under guardianship, the inheritance is automatically accepted as beneficiary after three months, unless otherwise requested at the probate court. This offers protection as heirs are not personally liable for any debts of the estate exceeding the value of the inherited assets.

The Power of a Will

Altering the legal distribution can be complex and requires the cooperation of all involved heirs. A well-crafted will can provide alternative arrangements that better suit personal wishes and specific family circumstances. It is advisable to draft or revise these documents with an expert notary, who can also offer strategic advice on the best way to handle the estate.

Free Advice on Inheritance Issues

Our notaries are ready to support you in navigating the complex world of inheritances. Feel free to contact us for personalized advice and guidance on making important decisions within the set deadlines.

Timely handling of inheritance matters not only reduces stress during an already difficult period but also ensures a fair and efficient distribution of the estate. Ensure you are well-informed and supported by professionals.

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Frank Sterel
Frank SterelSterel Notarissen