Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Probate - in Dutch often described as boedelafwikkeling or afwikkeling van een nalatenschap - is the legal and administrative process that follows a personâs death. In Enschede, as elsewhere in the Netherlands, probate commonly involves identifying the deceasedâs assets and debts, determining the heirs, paying debts and taxes, and distributing what remains to the entitled beneficiaries. The notary (notaris) plays a central role for many aspects of Dutch inheritance law, while courts become involved only in contested or special situations. Local municipal services handle death registration, and national bodies manage inheritance tax matters.
Many probate matters can be handled with the help of a notary or with clear cooperation among heirs. However, you may need a lawyer when:
- There is a contested will or disagreement among heirs about the distribution of the estate.
- The estate includes complex or cross-border assets, such as foreign bank accounts, property abroad, or business interests.
- The deceased left significant debts or there is uncertainty whether the estate is solvent - legal advice helps prevent personal liability.
- An executor or administrator is accused of mismanagement, or heirs suspect fraud.
- You need to challenge the validity of a testament or to defend your rights as an heir under Dutch succession rules.
- The estate involves tax planning, complicated tax returns, or likely disputes with the Belastingdienst (Dutch tax authority).
- You require urgent interim measures - for example, preservation of assets, petitioning a court to appoint a curator or administrator, or urgent protection for minor or vulnerable heirs.
Key legal features that are particularly relevant in Enschede and the Netherlands generally include the following:
- Wills and types of testamentary dispositions: The most common and legally secure form is the notarial will drawn up by a notary. Handwritten wills and certain emergency oral wills may be valid, but they are less common and can be more easily disputed.
- Statutory succession order: If there is no valid will, Dutch law specifies an order of heirs - primarily spouses and registered partners, children and descendants, parents, siblings, and more distant relatives. If no heirs can be found, the State becomes heir.
- Options for heirs: Heirs can accept an inheritance outright (zuiver aanvaarden), renounce it (verwerpen), or accept it under the benefit of inventory (aanvaarden onder het voorrecht van boedelbeschrijving) to limit liability for debts. The rules and deadlines for these decisions are strict and legal advice is recommended.
- Role of the notary: Notaries often prepare the estate inventory, help transfer real estate, register property changes at the Kadaster, and can give certified extracts of wills. For many routine estate tasks, families work with a notary instead of the court.
- Court involvement: The local court - the regional rechtbank responsible for Overijssel - may be asked to appoint administrators, resolve disputes, or handle certain legal actions. Most routine probate matters do not require litigation.
- Inheritance tax and reporting: Inheritance tax (erfbelasting) is assessed by the Belastingdienst. Heirs normally must report the estate for tax purposes and pay any tax due. Exemptions and tax rates depend on the relationship between heir and deceased and other factors.
- Matrimonial property regimes and agreements: Marriage contracts, prenuptial agreements, or registered partnership arrangements affect which assets form part of the estate. Community of property, partial community, and separation of property can change inheritance shares.
- Special rights and legacies: Dutch law recognises legacies (legaten), usufruct rights (vruchtgebruik), and other testamentary measures that may affect distribution and administration.
First, obtain the medical death certificate from the treating physician. Then register the death with the municipal office (gemeente) where the person died or was registered. The municipality issues the official extract from the death register. Notify close relatives, the deceasedâs general practitioner and employer, and check for a will. Contact a notary or lawyer if you need help starting the estate administration.
Many people register their notarial will with the national registry maintained by the professional body of notaries. A notary can search the relevant registers. If no notarial will is found, check the deceasedâs personal papers for a handwritten will or instructions. The local notary or the Centraal Testamentenregister can be asked about the existence of a notarial will.
If there is no valid will, Dutch statutory succession rules apply. Spouses or registered partners and children are first in line. If none exist, parents and siblings may inherit. If no eligible relatives can be traced, the estate may pass to more distant kin or eventually to the State. The precise order and shares depend on family circumstances and matrimonial property regimes.
Heirs can accept the estate unconditionally - which may expose them to the deceasedâs debts - or they can renounce the inheritance. A third option is to accept under the benefit of inventory - this limits liability to the estate assets and prevents heirs from being personally responsible for outstanding private debts beyond what is in the estate. There are procedural deadlines and sometimes court involvement, so seek advice early.
Most estate administrations in the Netherlands are handled through notaries and do not require formal probate proceedings in court. Court involvement becomes necessary when there is a dispute, when an heir is missing or incapacitated, or when special provisional measures are required. A lawyer can advise whether your case needs court action.
There is no fixed timeline. Simple estates with clear assets and no disputes can be settled in a few months. Estates with real estate transfers, businesses, international assets, substantial tax issues, or disputes can take a year or more. Timelines depend on gathering documents, valuing assets, paying debts and taxes, and resolving any litigation.
Inheritance tax is payable on what beneficiaries receive. The estate or the heirs normally file required tax returns with the Belastingdienst and pay any tax due. Exemptions and tax rates depend on the heirâs relationship to the deceased and the value of the inheritance. There may also be municipal or other duties in special cases. A tax advisor or lawyer can help prepare and file returns correctly.
Yes. Grounds to contest can include lack of testamentary capacity, undue influence, formal defects in execution, or evidence that the will does not reflect the true wishes of the testator. Time limits may apply for filing a claim. Litigation is heard in the civil courts, and a lawyer experienced in inheritance disputes can advise on prospects and procedure.
Real estate in the Netherlands must be transferred through a notary and registered at the Kadaster. If the deceased owned property abroad, local laws in the country where the property is located will often affect transfer and taxes there. Cross-border estates can be complex and typically require coordinated advice from lawyers or notaries familiar with the relevant jurisdictions.
Notaries are ideal for authenticating wills, preparing the estate inventory, transferring Dutch real estate, and handling many routine administration tasks. Lawyers are the right choice when disputes, litigation, debt problems, contested wills, or complex tax and cross-border matters arise. In many cases, families use both professionals: a notary for formal acts and a lawyer for contentious issues.
Below are types of institutions and services that can help you in or near Enschede:
- Municipal office of Enschede - for death registration and local administrative matters.
- Local notaries - for will searches, drafting testamentary documents, estate inventories and real estate transfers.
- Belastingdienst - for inheritance tax rules, filing and payment obligations.
- Kadaster - for property registration and records of real estate ownership.
- Nederlandse Orde van Advocaten - the Dutch Bar for information on finding a qualified inheritance lawyer.
- Koninklijke Notariële Beroepsorganisatie - the professional body for notaries, which maintains registers and general guidance.
- Juridisch Loket - free initial legal information and guidance for people with limited means or simple questions.
- Local legal aid and mediation services - for dispute resolution between heirs without full litigation.
If you need legal assistance for probate in Enschede, consider the following practical steps:
- Gather documents: death certificate, ID of the deceased, any will or testament copies, marriage or partnership contracts, bank and investment statements, property deeds, recent tax returns, and any information about debts or business interests.
- Register the death with the municipality if that has not already been done.
- Contact a notary to search for and read a notarial will and to discuss routine estate administration tasks such as inventories and property transfers.
- If you suspect disputes, insolvency, cross-border assets, or complex tax issues, consult an experienced inheritance lawyer who can advise on rights, deadlines and representation.
- If finances are limited, seek initial guidance from Juridisch Loket or inquire about legal aid options through the Dutch legal aid system.
- Keep clear records of all decisions and communications among heirs and professionals, and act promptly on time-sensitive matters such as acceptance or renunciation of the inheritance and tax filings.
If you are uncertain where to begin, starting with a notary for a will search and initial inventory is often a practical first move. From there, you can involve a lawyer if disputes or complexity require specialist legal representation.
