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Probate - commonly called succession in Belgium - is the legal process that organizes the transfer of a deceased person’s assets and liabilities to their heirs or legatees. In Maaseik, which is located in the province of Limburg in the Flemish Region, succession matters are governed by national civil law, regional inheritance-tax rules and specific administrative steps at the local municipality. The system relies heavily on notaries for formal acts such as wills, inventories and the transfer of real estate, while lawyers handle disputes, tax planning and complex or cross-border cases.
Many succession matters are routine and can be handled through a notary, but you should consider hiring a lawyer when:
- The estate includes businesses, complicated company shares or significant commercial interests that require restructuring or valuation.
- The deceased owned assets in more than one country, or lived abroad - cross-border succession brings additional conflict-of-law, tax and procedural rules.
- There is a dispute among heirs about the validity of a will, the distribution of the estate, alleged undue influence or misrepresentation.
- You need to protect your interests from creditors, or the estate has more liabilities than assets and you must decide whether to accept the inheritance fully, renounce it or accept it under benefit of inventory.
- There are special family circumstances such as children from different relationships, claimants contesting paternity, or guardianship issues for minor heirs.
- You need complex tax planning or a detailed review of inheritance duties and reliefs available in the Flemish Region.
Key legal and practical points that apply in Maaseik and the broader Flemish Region include:
- Succession Law: Belgian civil law sets the rules for who inherits by intestacy, how testators may distribute their estate by will, and the mandatory reserved portions for close family members. A surviving spouse and children have protected rights under forced heirship rules - these cannot be fully removed by a will.
- Wills: Belgium recognises several types of wills - notarial wills, holographic wills and mystic wills. Notarial wills are recorded by a notary and are generally easier to locate and authenticate.
- Choice of law and cross-border issues: EU rules allow a person to choose the law of their nationality to govern their succession, but failing such a choice the law of the State of habitual residence usually applies. Real estate is affected by the law of the place where the property is situated in some contexts, so estates with foreign property can be complex.
- Notary role: Notaries in Belgium perform many formal steps in succession administration, including drawing up inventories, transferring immovable property and certifying the whereabouts or content of wills. For estates with real estate or complex assets, a notarial deed may be required.
- Acceptance and renunciation of inheritance: Heirs may accept an estate outright, accept under benefit of inventory to limit liability for debts to the assets of the estate, or renounce the inheritance entirely. The rules and deadlines for these choices are strict, and formal procedures exist.
- Inheritance tax: Inheritance duties are levied by the regions. Maaseik is in Flanders, so Flemish inheritance-tax rules apply. Rates and exemptions differ according to the heir’s relationship with the deceased and the value of the estate. Professional advice is important to identify reliefs, exemptions and timing for tax filings.
- Administrative steps: Deaths must be registered at the municipal civil registry in Maaseik. Banks, pension providers, social security institutions and insurers must be notified. Transfers of property and registration at the land registry or equivalent authorities may require notarial acts.
The immediate practical legal step is registering the death at the Maaseik municipal civil registry. The death certificate is necessary for most subsequent actions. After that, search for any will, notify a notary if there are immovable assets or if heirs wish to use notarial services, and inform banks, insurers and relevant authorities. If you expect disputes or complex assets, contact a lawyer early.
Not always. Simple estates with only movable assets may be settled between heirs without a notarial deed. However, when the estate includes real estate, or when heirs want a formal distribution or a mortgage release, a notary is normally required. Notaries also help with tax formalities and inventories.
Intestate succession in Belgium follows civil-law rules that determine eligible heirs - typically the surviving spouse and descendants are primary heirs. The law also protects reserved portions for certain relatives. Distribution depends on family composition and any matrimonial property regime in place. A lawyer or notary can explain the specific division based on your family facts.
Yes. You can renounce an inheritance, which means you have no claim to the estate but are also not liable for its debts. Another option is to accept the inheritance under benefit of inventory, which limits your liability to the assets you inherit. These options have formal requirements and deadlines, so seek legal advice quickly.
Belgian law protects close relatives by reserving a portion of the estate for them. This means a testator cannot freely disinherit certain heirs or reduce their share below the reserved portion. The exact reserved shares depend on the family situation. Wills must respect those reserved rights, otherwise heirs can challenge the dispositions.
Timing varies widely. Simple successions without real estate or disputes can be completed within a few months. Estates with real estate, tax settlement issues, cross-border assets or contested matters can take a year or more. Delays are often caused by asset valuations, locating heirs, resolving debts, or court proceedings where applicable.
Heirs must file any required inheritance-tax returns and pay the duties due under Flemish rules. Tax rates and allowances depend on the heir’s relationship to the deceased and the estate value. Proper valuation and timing are important because late filings or incorrect declarations can lead to penalties. Get professional advice to ensure correct reporting and to identify possible exemptions.
Start by asking the deceased’s usual notary or family members. Belgium also maintains a central register of wills where notaries record the existence and location of notarial wills. A notary can search that register and confirm whether a notarial will was filed.
Cross-border successions add complexity because different countries have different succession and tax rules. EU succession rules may determine which law applies, but local formalities in the country where the property is situated are often required for transfer or sale. You should consult a lawyer experienced in international succession and coordinate with foreign notaries or lawyers as needed.
To contest a will, you must have legal grounds, such as lack of testamentary capacity, undue influence, or a breach of reserved portions. Contesting is usually done through civil proceedings. Time limits apply for filing claims, and the process can involve evidence from medical records, witnesses and expert reports. A lawyer can advise on merits, timing and likely outcomes.
Useful contacts and institutions to consider when handling a succession in Maaseik:
- The municipal civil registry of Maaseik for death registration and civil status matters.
- Licensed notaries practicing in Maaseik or the Limburg area for wills, inventories and property transfers.
- Bar associations and local lawyers specialising in succession law for dispute resolution, tax advice and cross-border issues.
- Regional tax authorities in Flanders for information about inheritance tax requirements, filing and payment.
- The central register where notarial wills are recorded - a notary can search the register on your behalf to locate a will.
- Social services or local legal-aid offices for information about eligibility for free or reduced-cost legal assistance if you have limited means.
If you are facing a succession matter in Maaseik, follow these practical steps:
- Register the death with the Maaseik municipal civil registry and obtain certified copies of the death certificate.
- Search for a will by contacting the deceased’s known notary or asking family members. Ask a notary to check the central register of wills if needed.
- Make an inventory of known assets and liabilities - bank accounts, real estate, insurers, pension benefits, business interests and outstanding debts.
- Decide whether you need immediate legal help - contact a notary for formal estate acts and a succession lawyer if there are disputes, cross-border matters or significant tax questions.
- Notify banks, insurers, pension providers and relevant government offices about the death.
- Consider your acceptance options - full acceptance, acceptance under benefit of inventory, or renunciation - and get legal advice before making a formal choice.
- Arrange for valuations, pay any required inheritance duties and follow the notary or lawyer’s guidance to complete formal transfers of property and accounts.
If you are unsure where to begin, start with a local notary for an initial assessment and then consult a succession lawyer if the estate is complex or contested. Early professional advice can protect your rights and simplify the process.
