What is a verklaring van erfrecht?
A verklaring van erfrecht is a notarial deed stating:
- who the deceased was;
- whether there is a will and what it provides;
- who the heirs are and in what proportions;
- whether one of them acts as proxy for the others.
It is a formal proof that banks, investment firms, the land registry (kadaster) and pension funds accept as the only document with which an heir can identify themselves towards them.
When do you need it?
In practice banks ask for the certificate once the balance with the deceased exceeds a threshold. The threshold differs per bank:
- ING and Rabobank: usually from a few thousand euros;
- ABN AMRO: comparable threshold;
- SNS and Bunq: smaller balances often need a death certificate plus a signed sole-heir declaration; above the threshold, a formal certificate.
For transferring a property to the heirs, a certificate is always required, because the kadaster only works with notarial deeds.
What is in it?
A standard certificate covers:
- the deceased's name, date of birth and date of death;
- the result of the Centraal Testamentenregister check;
- the heirs' details;
- the statutory distribution or any deviating distribution from a will;
- optionally a statement that the heirs accept the estate purely or beneficially.
What does it cost?
A simple certificate usually costs 400 to 1,500 EUR excluding VAT. Drivers:
- number of heirs;
- presence of a will that needs analysis;
- international elements (foreign heirs, foreign assets);
- whether a non-standard distribution must be recorded.
Many notaries quote a fixed price on request. Asking two or three notaries for a quote can save several hundred euros.
When you can do without
For small estates (typically under 5,000 EUR) without property, many banks accept alternatives:
- a basisregistratie personen extract (death certificate);
- a self-declaration signed by all heirs that they are the heirs;
- sometimes a Centraal Testamentenregister extract showing no will is enough.
Always check with the bank in advance, policies vary.
Tip: one certificate for everything
You do not need a separate certificate per bank. One certificate covers all Dutch institutions. Keep several certified copies instead of releasing the original.
Liability
In a certificate you usually declare that you accept the estate purely. That makes you personally liable for any debts beyond the assets. If you suspect debts, request a certificate that records beneficial acceptance at the court registry first. Read about beneficial acceptance.