How and when does one become an heir?
Last update: 10/1/2012
Belgian law is governed by the principle that the estate ( assets and liabilities ) is vested in the heir the very moment the owner dies. In principle there is no succession administration system in Belgium.
The heirs are liable for debts relating to the succession, but they have the possibility of limiting their liability by accepting the succession without liability beyond the assets descended, in which case they must file a declaration with the Clerk of the Court of First Instance of the district where the succession is opened. This will require an inventory of the estate to be drawn up; this inventory must be drawn up by a civil law notary. It is also possible to renounce a succession by filing a declaration to this effect with the Clerk of the Court of First Instance.
Detailed information
How and when does one become an heir?
Application of the principle that the estate is devolved automatically upon death. Acceptance of the succession is not necessarily express. It is tacit, when the heir signs a deed that necessarily implies his/her intention to accept and that he/she would only have the right to do as an heir, for example disposing of succession property (Art. 778 Civil Code).
Is it possible to renounce a succession?
It is also possible to renounce a succession by going to the Clerk of the Court of First Instance of the State where the deceased had his/her domicile with a copy of the death certificate and signing a renunciation document (Art. 784 et seq. Civil Code). The renunciation is then registered in the special register opened for this purpose at each registry. The deadline for renunciation is a maximum of 30 years (Art. 789 Civil Code), but it must be taken into account that acceptance of the succession can be tacit.
Is it possible to accept a succession subject to conditions?
Yes, it is possible to accept a succession “under benefit of inventory”, respecting the procedure provided for by Articles 793 et seq. of the Civil Code.
An heir who wishes to accept a succession under benefit of inventory must make a specific declaration to the Clerk of the Court of First Instance of the district in which the succession is opened. This declaration is registered in a special register and will subsequently have to be published in the Moniteur belge (Belgian official journal) in order to invite the deceased’s creditors and possible legatees to assert their rights.
This declaration only has effect if it is preceded or followed by an inventory of the estate, drawn up by a civil law notary in the form stipulated by the Judicial Code (Art. 1175 et seq.). This inventory contains a description and estimation of the movable objects, an analysis of securities and papers and relates the active and passive declarations made by the interested parties.
Are the heirs and co-heirs liable for the deceased’s debts?
Yes, if they accept the succession purely and simply. In this case, they must bear all the costs and debts of the succession (Art. 724 Civil Code).
If they accept the succession under benefit of inventory (see above), they are only liable for the succession’s debts up to the assets that they have received (Art. 802 Civil Code).
No, if they renounce the succession (Art. 785 Civil Code).
