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Inheritance law
Negative estate

What should you do if the inheritance contains debts?

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Detailed explanation, checklist and sources

Unconditional acceptance may mean that you have to pay a shortfall from your own assets. Therefore, first investigate the complete records and do not act as though everything already belongs to you.

General information about Dutch law · Review date not recorded · How we work

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Identify known and potential debts

Check bank statements, mortgage, tax, loans, subscriptions, guarantees and pending proceedings. If necessary, request information from the organisations involved.

Choose between acceptance subject to the benefit of inventory and renunciation

If you want to remain an heir but protect your private assets, acceptance subject to the benefit of inventory may be appropriate. If you want to remain entirely outside the estate, consider renunciation and the consequences for subsequent heirs.

Do not make arbitrary payments

In the administration of the estate, creditors must be treated according to the rules. Do not pay a creditor or yourself before you have an overview of all claims.

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Bank statements

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For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.

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  • Bank statements
  • Tax assessments
  • Mortgage and loans
  • Outstanding bills
  • Guarantees
  • Declaration of choice

Frequently asked questions

Do I always inherit my parent's debts?

Only if you are an heir and accept the estate in a way that creates liability.

Does acceptance subject to the benefit of inventory always protect me?

It generally protects you, but you must carefully comply with the statutory settlement rules.

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Sources and further information

Dutch Government — inheriting debts ↗Judiciary — administration of the estate ↗

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