How does accepting under benefit of inventory work?
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Detailed explanation, checklist and sources
You become an heir, but in principle do not have to pay the deceased's debts from your private assets. In return, you must settle the estate according to the statutory liquidation rules.
General information about Dutch law · Reviewed on · How we work
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Choose the correct court
If the deceased last lived in the Netherlands, lodge the declaration at the court for that last residence. Check its contact and filing instructions. A last residence abroad requires a separate jurisdiction check; use Rechtspraak’s foreign-estate route.
Rechtspraak — procedureRijksoverheid — minderjarige erfgenamenRijksoverheid — aanvaardenRechtspraak — vereffeningUse the official form
Complete the current adult Verklaring nalatenschap, print and sign it. Attach copies of the death certificate and valid ID. Submit by post or at the court counter as instructed. Joint filing needs written authorisations and requested ID copies; different choices require separate declarations. Do not share those documents here.
Rechtspraak — procedureRijksoverheid — minderjarige erfgenamenRijksoverheid — aanvaardenRechtspraak — vereffeningKeep the deed and registration
A court fee applies to the deed; check the current tariff and payment instructions. Joint choices may share costs, while separate deeds may cost more. Keep the akte nalatenschap and check the estate-register entry. A notarial certificate of inheritance is different. Our preparation files nothing.
Rechtspraak — procedureRijksoverheid — minderjarige erfgenamenRijksoverheid — aanvaardenRechtspraak — vereffeningMinors: permission and two steps
A minor cannot accept outright. To reject, the legal representative first requests permission from the subdistrict judge for the child’s residence; both parents sign if authority is joint. Support the child’s interests with estate information. After permission, the declaration, permission, death certificate and ID copies must still go to the court for the deceased’s last residence. Permission alone is not rejection.
Rechtspraak — procedureRijksoverheid — minderjarige erfgenamenRijksoverheid — aanvaardenRechtspraak — vereffeningCheck the applicable deadline
There is no single general post-death choice deadline for legally capable adults. A court deadline or another heir’s beneficial acceptance can change this: after learning of that acceptance you have three months to choose. Have any already imposed or extended court deadline checked separately; do not simply assume a fresh three-month period. A child’s three months start when the child becomes an heir, possibly on registration of your rejection. Request any extension before expiry. Without timely rejection, beneficial acceptance follows automatically. Rechtspraak also specifies two months after permission for the declaration; promptly check how the deadlines interact and do not wait.
Rechtspraak — procedureRijksoverheid — minderjarige erfgenamenRijksoverheid — aanvaardenRechtspraak — vereffeningLiquidate carefully before distribution
Prepare an inventory of assets and debts, ask creditors to state their claims and keep private assets separate. Heirs share responsibility unless a court-appointed liquidator has the task. Distribute nothing until debts have been properly settled; creditors do not all have equal priority. Report an insolvent estate promptly to the subdistrict court for the deceased’s last residence and follow its directions. Get help with a distribution schedule, a business, minors or disputes. Errors may still cause personal liability.
Rechtspraak — procedureRijksoverheid — minderjarige erfgenamenRijksoverheid — aanvaardenRechtspraak — vereffeningFurther points to check
Under curatorship or protective administration, the representative uses the special minor/administration/curatorship/Wsnp form. Beneficial acceptance needs no prior authorisation; rejection requires the curator or administrator to request permission from the subdistrict judge. In Wsnp debt restructuring the Wsnp administrator applies to the supervisory judge. A private representative may request permission through Mijn CBM using their own DigiD or by post; professionals follow their digital channel. Permission, declaration and evidence must then reach the competent court: permission alone does not reject. Where the deceased last lived abroad, check both applicable law and jurisdiction. For participating EU countries Rechtspraak refers to the heir's local court; for other countries to the competent foreign authority, with a Dutch option at The Hague court if there are Dutch assets. Check foreign validity and any notification requirement. A minor's automatic beneficial acceptance does not automatically enter the estate register without a submitted form. This Dutch filing route assumes the heir lives in the Netherlands and makes the declaration here; it does not decide jurisdiction over the entire foreign estate or which succession law applies.
Further points to check
Do you receive social assistance, an income/asset-tested benefit, or participate in debt restructuring? Before choosing, ask the administrator of that scheme and your debt/property administrator about reporting duties and consequences. Report under the applicable rules even if payment comes later; do not simply wait for distribution without checking. Rejection is not automatically a safe way to avoid benefit or creditor consequences. Effects depend on the scheme and circumstances: inheritance does not mean every benefit, pension or student-support scheme changes.
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Frequently asked questions
Can I still choose acceptance under benefit of inventory after accepting unconditionally?
Usually not without special circumstances. Therefore act cautiously while debts are unknown.
Will I still receive money when accepting under benefit of inventory?
Yes, but only if a positive balance remains after all debts have been paid.