The Deed of Probate (Verklaring van Erfrecht) is a crucial document in Dutch inheritance law, required when settling the estate of a deceased person in the Netherlands. It is typically needed to access the deceased's bank accounts, transfer assets, and handle other estate-related matters. The document must be prepared by a Dutch civil law notary and includes essential information such as the identity of heirs, their respective shares in the estate, and who has authority to act on behalf of the estate. It's particularly important for financial institutions and property transactions, as these entities typically require a Deed of Probate before allowing access to the deceased's assets or completing transfers. The document's contents are governed by Dutch law, specifically Book 4 of the Dutch Civil Code and the Notaries Act, ensuring it meets all legal requirements for estate administration.
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1. Notarial Introduction: Formal introduction stating the notary's details, date, and place of execution
2. Appearance: Details of the person(s) appearing before the notary to request the deed
3. Death Confirmation: Formal confirmation of the death, including date and place, with reference to death certificate
4. Personal Details of Deceased: Full details of the deceased including last residence, marital status, and nationality
5. Last Will Verification: Statement about existence or non-existence of a last will and its contents if applicable
6. Applicable Law: Determination of applicable law and jurisdiction
7. Heirs Identification: Identification of legal heirs and their respective shares in the estate
8. Estate Administrator: Appointment and powers of the estate administrator(s)
9. Declaration of Authority: Formal declaration of who has authority to manage and distribute the estate
10. Notarial Closing: Formal closing including execution details and notary's signature
1. Marriage/Partnership History: Detailed section about marriages or registered partnerships when relevant for inheritance rights
2. Prior Deceased Heirs: Section addressing any potential heirs who died before the deceased, including their descendants' rights
3. Foreign Assets: Section dealing with assets located outside the Netherlands when applicable
4. Inheritance Tax Statement: Basic information about inheritance tax obligations when specifically requested
5. Legitieme Portie: Section addressing forced heirship rights when children are involved
6. Special Bequests: Section detailing specific bequests when included in a will
7. Business Interests: Section addressing business ownership and succession when deceased owned business interests
1. Death Certificate: Certified copy of the death certificate
2. Central Testaments Register Extract: Official extract showing registration of any wills
3. Last Will and Testament: Copy of the last will if one exists
4. Family Certificate: Extract from civil registry showing family relationships
5. Marriage/Partnership Certificate: Copy of marriage or partnership registration if applicable
6. Power of Attorney: Any powers of attorney relevant to estate administration
7. Declaration of Inheritance Acceptance: Signed declarations from heirs accepting their inheritance
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