When is a notary legally required?
In the Netherlands a notary is required when:
- real estate must be transferred to the heirs;
- there is a minor heir, in which case the cantonal judge's permission is also needed;
- you wish to renounce the estate or accept it beneficially (you do this at the court registry, but many people use a notary for guidance);
- the will appoints an executor or administrator whose authority must be proven.
When is a notary practically helpful?
Strictly not required, but advisable in:
- multiple heirs, especially with disagreement about the distribution;
- complex assets (a business, family BV shares, international holdings);
- a will with special clauses (two-tier construction, fill-up legacies);
- doubt about the estate's solvency.
When you can manage without
For a simple estate with a small bank balance, no real estate and unanimous adult heirs, you can do everything yourself:
- file the inheritance tax return with the Belastingdienst;
- many banks accept a self-declaration plus a death certificate;
- divide the estate between yourselves on paper without a notarial deed.
For unblocking larger bank balances, a certificate of inheritance is usually still required, and only a notary can issue one. Full guide to the certificate.
What Nalenta does and does not do
Nalenta is not a notary. We give no legal advice and draft no notarial deeds. What we do: walk you through the inheritance tax filing, give a per-bank to-do list, a timeline anchored to the 8-month deadline and templates for letters to banks and insurers. For 129 EUR.
If you do need a notary, your dossier can be shared directly so you avoid duplicate work and duplicate fees.