Best Probate Lawyers in Delft

About Probate Law in Delft, Netherlands

Probate in the Netherlands refers to the legal and administrative steps taken after someone dies to identify and settle their estate - the assets, liabilities, and the final distribution to heirs or legatees. In Delft - as elsewhere in the Netherlands - probate tasks are often handled by a civil-law notary or a specialised probate lawyer, rather than a probate court as understood in some common-law systems. A will signed before a notary normally controls how the estate is divided. If there is no will, statutory intestacy rules in the Dutch Civil Code determine who inherits. Many assets - for example real estate and certain registered rights - require notarial deeds or registration to transfer title.

Why You May Need a Lawyer

You may need a probate lawyer or notary in Delft in a number of common situations. If the deceased left a will that is unclear, inconsistent, or challenged by family members, a lawyer can advise on validity and succession rights. Complex estates - for example those with business interests, cross-border elements, trusts, or substantial debts - often require specialist legal and tax advice. If heirs disagree about the inventory, sale or distribution of assets, or if creditors make claims, a lawyer can represent your interests and, if needed, bring or defend disputes in court. Lawyers also help when professional estate administration is requested - for example when an executor needs formal appointment or when the estate requires a formal settlement deed (akte van verdeling) prepared by a notary.

Local Laws Overview

Key aspects of Dutch and local practice that are particularly relevant to probate in Delft include the following.

Form of wills - A valid Dutch will is typically executed before a civil-law notary. Holographic (handwritten) wills are possible in some situations but are rare and can raise proof issues. The notary keeps a record in the central testament register.

Intestate succession - If there is no valid will, the Dutch Civil Code sets a priority of heirs, starting with the spouse and children, then parents, siblings and more distant relatives. The statutory scheme determines shares unless a will specifies otherwise.

Forced share - Certain close relatives can claim a compulsory portion of the estate in some circumstances. Specific rules apply to the calculation and timing of such claims.

Role of the notary - Notaries play a central role in the Netherlands. They prepare and authenticate many probate documents, prepare deeds to transfer real estate, and draw up the aktes used to settle and distribute an estate.

Taxation - Inheritance tax (erfbelasting) applies. The estate or the heirs must file tax declarations with the Dutch Tax Administration within prescribed deadlines. Exemptions and rates depend on the relationship to the deceased and the estate value.

EU Succession Regulation and cross-border succession - For persons with connections to other EU countries, the EU Succession Regulation may apply, allowing choice of applicable law and simplifying cross-border estate recognition. International cases often need specialised legal advice.

Practical local steps - Death must be registered at the Municipality of Delft civil registry to obtain a death certificate. Banks, pension funds and insurers typically require this certificate and proof of the right to administer the estate.

Frequently Asked Questions

What is the first thing to do after someone dies in Delft?

Register the death with the Municipality of Delft so you can obtain an official death certificate. Notify close family members, the deceased person’s GP or hospital, and relevant institutions such as banks, pension funds and insurers. Locate any will or testament and contact a notary or probate lawyer if you are unsure about the next steps.

Do I always need a notary to handle probate?

Not always. If the estate is simple and heirs agree, the administration can sometimes be handled informally by the heirs. However, a notary is required to transfer ownership of real estate and to draw up certain formal distribution deeds. Many people still use a notary or lawyer to ensure correct tax filings and to avoid later disputes.

How does intestate succession work if there is no will?

If there is no valid will, Dutch statutory succession rules apply. The spouse and children are generally the primary heirs. If there are no spouse or children, parents or more distant relatives may inherit. The statutory order and shares are laid down in the Civil Code and a notary or lawyer can calculate each heir’s share.

What is the role of a testamentary executor in the Netherlands?

An executor appointed in a will can manage the estate, pay debts, and distribute assets according to the will. Executors have legal duties and can be required to provide accounts to the heirs. If no executor is named, heirs can agree between themselves who will administer the estate, or a court can appoint an administrator in contentious or complex cases.

Are there deadlines for inheritance tax declarations?

Yes. The Dutch Tax Administration requires inheritance tax returns to be submitted within a limited period after the death - in practice this is commonly an eight-month period. It is important to check the exact requirements and request any extension if needed. Late filing or payment can lead to penalties or interest charges.

Can a will written abroad be valid in the Netherlands?

Wills made abroad can be valid in the Netherlands provided they meet formal validity under applicable law. International rules, including the EU Succession Regulation for many EU countries, can affect which law governs the succession. Because cross-border validity issues can be complex, seek specialist advice to confirm enforceability and to register or locate such a will.

What happens to Dutch real estate that belongs to the deceased?

Transfer of Dutch real estate requires a notarial deed. The estate administrator or heirs must instruct a civil-law notary to prepare the deed of division or transfer. The land registry entry must be updated to complete the transfer of ownership.

What if the estate has more debts than assets?

If liabilities exceed assets, the estate may be declared insolvent. Creditors may have priority claims, and heirs may be able to accept the inheritance only under benefit of inventory - a procedure that limits their personal liability for the deceased person’s debts. Legal advice is important in this situation to avoid unexpected personal liability.

How do I find out whether the deceased left a will?

Ask the deceased’s family, check their personal papers, and contact the Central Testament Register maintained by the notarial profession. Consult a local civil-law notary in Delft who can search the notarial registers to determine whether a notarial will exists.

What are my options if I am excluded or receive less than I expected under a will?

If you believe you have a legal claim - for example a compulsory portion claim - you should consult a probate lawyer promptly. There are procedural and time limits for contesting wills or for claiming legal entitlements. A lawyer can assess the strength of your claim and advise on negotiation or court options.

Additional Resources

Municipality of Delft - the civil registry issues death certificates and can advise on local administrative steps. Dutch Tax Administration - for questions on inheritance tax obligations and filings. Civil-law notaries - notaries draft wills, prepare deeds and keep testament registers. Royal Dutch Association of Civil-law Notaries - the professional body for notaries in the Netherlands. Central Testament Register - to check for the existence of notarial wills. Juridisch Loket - a national free legal advice service providing general guidance and referrals. Raad voor Rechtsbijstand - for information about eligibility for subsidised legal aid in the Netherlands. District Court (Rechtbank) - for disputes and formal court procedures relating to estates and inheritance.

Next Steps

1. Register the death with the Municipality of Delft and obtain the death certificate. You will need this document for banks, insurers and the tax authorities.

2. Locate the will and any important documents - mortgage deeds, insurance policies, bank statements, pension information and business records. Check the Central Testament Register through a notary if necessary.

3. Make a provisional inventory of assets and liabilities. If you are unsure or the estate is complex, engage a probate lawyer or notary in Delft to help prepare a formal inventory and advise on tax obligations.

4. File any required inheritance tax returns within the statutory deadline and discuss tax planning or reliefs with a specialist if the estate is large or cross-border.

5. If there are disputes, exclusions, or complex cross-border issues, contact a probate lawyer experienced in Dutch succession law promptly to protect your rights and meet deadlines.

6. Obtain written fee estimates and scope-of-work agreements from notaries or lawyers before engaging them. Consider whether you may qualify for legal aid or free initial advice through Juridisch Loket.

If you need help finding a suitable probate lawyer or notary in Delft, consider asking for referrals from the Municipality of Delft, local legal directories, or the Royal Dutch Association of Civil-law Notaries. A qualified professional will explain costs, timelines and the most practical route to settle the estate correctly and efficiently.