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Estate Affidavit for the Netherlands

Estate Affidavit Template for Netherlands

An Estate Affidavit under Dutch law (Verklaring van Erfrecht) is a formal notarial document that officially declares the rights of inheritance and identifies the legal heirs of a deceased person's estate. This document serves as legal proof of the right to administer and inherit the estate assets under Netherlands jurisdiction. It contains detailed information about the deceased, their heirs, the composition of the estate, and relevant declarations regarding the inheritance situation. The affidavit is crucial for accessing bank accounts, transferring property, and managing other assets of the deceased in the Netherlands.

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What is a Estate Affidavit?

An Estate Affidavit is a critical legal document required in the Netherlands when handling deceased persons' estates. This document, prepared under Dutch law, serves multiple purposes in estate administration and asset transfer. It is typically required by banks, government agencies, and other institutions to verify the identity and authority of heirs or estate administrators. The Estate Affidavit includes comprehensive information about the deceased person, their heirs, assets, and liabilities, and must be executed before a Dutch notary. It is particularly important in cases where access to the deceased's accounts is needed, real estate must be transferred, or other significant assets must be distributed. The document follows strict requirements under Dutch civil law and notarial regulations, making it a fundamental tool in Dutch estate administration.

What sections should be included in a Estate Affidavit?

1. Declarant Information: Full legal name, address, and relationship to the deceased

2. Notarial Introduction: Standard notarial introduction required under Dutch law, including date, location, and notary details

3. Deceased's Information: Full details of the deceased including legal name, last address, date and place of death, and marital status at time of death

4. Basis of Authority: Declaration of the basis upon which the declarant has authority to make statements about the estate

5. Heir Information: Details of all known heirs, their relationships to the deceased, and their respective rights

6. Estate Assets: Comprehensive listing of all known assets of the deceased at the time of death

7. Estate Liabilities: Declaration of all known debts and obligations of the estate

8. Declarations and Affirmations: Formal statements affirming the truth of the information provided

9. Execution: Signature block with notarial attestation

What sections are optional to include in a Estate Affidavit?

1. International Assets: Section detailing any assets located outside the Netherlands, used when the deceased owned foreign property or investments

2. Business Interests: Details of any business ownership or shares, included when the deceased had business holdings

3. Previous Testamentary Documents: Information about any previous wills or codicils, included when relevant to establishing the current disposition of the estate

4. Tax Declarations: Specific statements regarding tax status and obligations, included when required for tax purposes

5. Matrimonial Property Regime: Details of any marriage contracts or property arrangements, included when the deceased was married

6. Outstanding Claims: Information about any pending legal claims or disputes, included when there are unresolved estate matters

What schedules should be included in a Estate Affidavit?

1. Schedule A - Asset Inventory: Detailed listing of all assets including bank accounts, real estate, vehicles, and personal property

2. Schedule B - Liability Schedule: Detailed listing of all debts and obligations of the estate

3. Schedule C - Supporting Documents: List of all attached supporting documentation including death certificate, will (if any), and property deeds

4. Schedule D - Heir Documentation: Copies of identification documents and proof of relationship for all heirs

5. Appendix 1 - Property Valuations: Professional valuations of significant assets where required

6. Appendix 2 - Family Tree: Diagram showing the family relationships relevant to inheritance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions








































Clauses

























Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Insurance

Public Administration

Wealth Management

Tax Advisory

Notarial Services

Relevant Teams

Legal

Private Client Services

Estate Administration

Wealth Management

Property Services

Tax Advisory

Probate Administration

Client Relations

Document Management

Succession Planning

Relevant Roles

Notary

Estate Planning Attorney

Probate Lawyer

Tax Advisor

Estate Administrator

Wealth Manager

Bank Manager

Legal Counsel

Property Manager

Inheritance Law Specialist

Trust Officer

Financial Advisor

Probate Court Clerk

Real Estate Attorney

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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