Best Probate Lawyers in Ommen

About Probate Law in Ommen, Netherlands

Probate in the Netherlands is the process of settling a deceased person’s estate, known locally as afwikkeling van de nalatenschap. In Ommen and the rest of the country, much of the practical probate work is handled by civil law notaries. Courts become involved when there are disputes, complex liquidations, or the need to appoint or remove an executor or liquidator. Dutch national inheritance law applies in Ommen, so the rules you follow are the same as elsewhere in the Netherlands.

The key building blocks are the will, if there is one, and the statutory inheritance rules if there is no will. A notary can issue a certificate of inheritance, called a verklaring van erfrecht, which confirms who is entitled to represent and settle the estate. Banks, the land registry, and other institutions usually require this certificate before they will cooperate.

Why You May Need a Lawyer

Contested estates are a common reason to seek a lawyer. Disagreements about the validity or interpretation of a will, the role or conduct of an executor, or how to value and distribute assets often require legal representation.

If the estate may be insolvent or close to it, you will want advice on accepting the inheritance under the benefit of inventory, called beneficiair aanvaarden, and on the formal liquidation steps and creditor ranking. This helps protect heirs from personal liability for estate debts.

Blended families and unmarried cohabitants frequently face complex rights. A lawyer can clarify statutory rights, forced heirship claims for children, and how to protect a surviving partner who is not a spouse or registered partner.

International estates benefit from legal guidance. If the deceased lived abroad, held foreign assets, or had a foreign nationality, the EU Succession Regulation may influence which country’s law applies and whether a European Certificate of Succession is useful.

Business interests, real estate sales, or tax sensitive planning also call for professional help, as do situations involving minors or incapacitated heirs where court approvals or guardianship may be required.

Local Laws Overview

Role of the notary. In the Netherlands, civil law notaries play a central role in probate. They verify the will with the Central Register of Wills, identify heirs, issue the certificate of inheritance, draft deeds for the division or transfer of assets, and can issue a certificate of executorship. Many estates in Ommen are settled largely through a notary without court involvement.

Heir choices. Each heir may accept purely, accept under the benefit of inventory, or reject the inheritance. Pure acceptance makes the heir personally liable for estate debts. Beneficiair acceptance limits liability to estate assets but triggers liquidation steps. Rejection means the heir receives nothing and is not liable. Be careful not to perform acts that could be seen as pure acceptance, such as spending estate funds without authority.

Intestacy. If there is no will, Dutch statutory rules apply. The default arrangement gives the spouse or registered partner the estate while children receive a monetary claim against the spouse equal to their statutory share, payable later. Unmarried cohabitants without a will generally have no statutory inheritance rights.

Forced heirship. Children have a forced share known as the legitieme portie. It is a monetary claim against the estate that cannot be excluded entirely, although its size can be influenced by lifetime gifts and the structure of the will. Spouses and registered partners have protective rights under intestacy and may have rights to continue using the family home and household effects.

Executors and liquidators. A will can appoint an executor to manage and settle the estate. If there is no executor or if special oversight is needed, the court can appoint a liquidator. Executors must inventory assets, pay debts in the correct order, file necessary tax returns, and distribute the estate according to the will or law.

Banks and access to funds. Financial institutions typically require a certificate of inheritance before releasing funds. They may pay funeral invoices from a blocked account upon presentation of the invoice and death certificate. Do not use bank cards of the deceased after death because this can be treated as unauthorized use and may indicate pure acceptance.

Real estate and registries. Transfers or divisions of real estate require notarial deeds and registration with the Dutch Land Registry known as Kadaster. Ownership changes can only be recorded after the notary verifies entitlement and prepares the correct documentation.

Taxes. Inheritance tax, called erfbelasting, may be due by the beneficiaries. The tax return is generally due within eight months after death. Exemptions and rates vary depending on the relationship to the deceased and the value of the inheritance, and amounts change annually. Income tax and real estate taxes of the deceased or the estate may also need attention.

Court jurisdiction. In Ommen, inheritance disputes and probate applications are handled by the District Court of Overijssel. Cases are typically heard in the court locations of Zwolle or Almelo depending on the matter and scheduling. The subdistrict judge may be involved in certain guardianship or minor matters.

International rules. The EU Succession Regulation helps determine which law applies based on the deceased’s habitual residence and allows for a European Certificate of Succession. Dutch notaries can issue this certificate when appropriate, making cross border administration easier.

Frequently Asked Questions

What should I do first after someone dies in Ommen

Obtain the death certificate from the municipality and contact a notary to check for a will and to discuss next steps. Avoid using the deceased’s bank cards or disposing of assets until you understand your position as an heir and have a plan for acceptance or rejection.

Do I need a notary or a court to start probate

Most estates begin with a notary, not the court. The notary can confirm heirs, obtain will details, and issue the certificate of inheritance that banks and registries require. The court becomes involved if there is a dispute, the need for a liquidator, or issues concerning minors or incapacitated heirs.

How long does probate take

Simple estates can be settled in a few months, especially once the certificate of inheritance is issued. Estates with real estate sales, tax audits, or disputes can take a year or more. The inheritance tax return timeline of eight months often drives the pace.

What if the estate has debts

Consider beneficiair acceptance to protect yourself from personal liability. This choice leads to a structured liquidation where debts are paid in a legally prescribed order. A notary or lawyer can guide the process and creditor notifications.

How do banks release funds

Banks usually require the certificate of inheritance. Before that, they may pay funeral costs directly from the account with proper documentation. After receiving the certificate and instructions from the executor or heirs, they can unfreeze accounts and process transfers.

Who inherits if there is no will

Under Dutch law, the spouse or registered partner and children are the primary heirs. The spouse or partner generally receives the estate and children receive a deferred monetary claim equal to their statutory share. Unmarried cohabitants without a will do not inherit by default.

What is the children’s forced share

The legitieme portie is a minimum claim that children can assert even against a will. It is a monetary claim calculated against the estate, taking certain lifetime gifts into account. A lawyer can help determine the amount and the procedure for claiming it.

Can an executor be removed

Yes. If an executor neglects duties or acts improperly, interested parties can ask the court to remove the executor and appoint a replacement or a liquidator. Evidence of mismanagement is required.

What about international assets or heirs abroad

The EU Succession Regulation may apply, and a European Certificate of Succession can help in other EU countries. The notary will coordinate with foreign institutions and may need translations or foreign legal opinions. Choose a notary experienced in cross border estates.

What are typical probate costs

Costs vary by complexity. Notary fees for the certificate of inheritance and deeds, possible court fees, valuation costs, and professional fees for lawyers or tax advisors are common. Ask for a written fee estimate and agree on the scope of work early.

Additional Resources

Belastingdienst - Dutch Tax and Customs Administration for inheritance tax information and returns.

Centraal Testamentenregister - Central Register of Wills to confirm the existence of a will through a notary.

Koninklijke Notariële Beroepsorganisatie - the Royal Dutch Association of Civil law Notaries for finding a notary.

Rechtspraak - District Court of Overijssel for probate related applications and disputes.

Kadaster - the Dutch Land Registry for real estate records and transfers.

Kamer van Koophandel - Chamber of Commerce for business interests held by the deceased.

Gemeente Ommen - Municipal Civil Registry for death certificates and local administrative matters.

Het Juridisch Loket - public legal information and guidance, including initial advice on inheritance issues.

Raad voor Rechtsbijstand - Legal Aid Board for information about eligibility for subsidized legal assistance.

Next Steps

Collect key documents. Gather the death certificate, identification of potential heirs, marriage or partnership documents, any known will information, bank statements, property deeds, and business records.

Consult a notary. Ask a local notary to check the Central Register of Wills, identify heirs, and advise on the certificate of inheritance. Discuss whether to accept purely, accept under the benefit of inventory, or reject the inheritance.

Seek legal advice where needed. If there are debts, disputes, minor heirs, international elements, or a business, consult a lawyer experienced in Dutch inheritance law in the Overijssel region.

Stabilize the estate. Inform banks and insurers, secure the home and valuables, and make an inventory of assets and debts. Avoid actions that could be seen as pure acceptance until you have a clear plan.

Plan the tax process. Note the eight month inheritance tax timeline and identify who will file. Consider valuations for real estate and business assets to support the tax return and distributions.

Carry out settlement. Once authority is confirmed, pay debts in the correct order, handle property transfers through the notary, and distribute according to the will or law. Keep clear records and provide transparency to all heirs.

If at any point you are unsure, ask your notary or lawyer for written guidance tailored to your situation. Acting early and carefully helps protect rights and limits risk in the probate process in Ommen.