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Small Estate Affidavit Form for the Netherlands

Small Estate Affidavit Form Template for Netherlands

A Small Estate Affidavit Form under Dutch law is a legal document used to facilitate the simplified administration of estates that fall below certain value thresholds. This document, governed by the Dutch Civil Code (Burgerlijk Wetboek), allows heirs to transfer or access the deceased's assets without going through full probate proceedings. It includes declarations about the deceased's personal information, estate value, assets, debts, and legal heirs, complying with Netherlands inheritance law requirements and tax regulations. The form serves as a sworn statement that provides legal protection for both the declarant and institutions handling the deceased's assets.

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What is a Small Estate Affidavit Form?

The Small Estate Affidavit Form is a crucial document in Dutch estate administration, designed to streamline the process of handling estates that fall below specified value thresholds. This document emerged from the need to provide a more efficient alternative to full probate proceedings for smaller estates, reducing both time and costs for bereaved families. It is particularly useful when the estate's composition is relatively straightforward and the total value falls within limits set by Dutch law. The form requires detailed information about the deceased, their assets, debts, and legal heirs, while providing legal protection for institutions that rely on its declarations. Under Netherlands jurisdiction, this document must comply with specific requirements outlined in the Dutch Civil Code and related regulations, including proper notarization and submission to relevant authorities.

What sections should be included in a Small Estate Affidavit Form?

1. Declarant Information: Details of the person making the affidavit, including their relationship to the deceased

2. Deceased Person Information: Full legal name, date of death, last residential address, and marital status of the deceased

3. Estate Value Declaration: Statement of the total value of the estate, confirming it falls within small estate limits under Dutch law

4. Legal Heirs Declaration: List of all legal heirs according to Dutch law, their relationships to the deceased, and contact information

5. Asset Declaration: Detailed listing of all known assets of the deceased, including bank accounts, property, and personal effects

6. Debt Declaration: Statement of any known debts or liabilities of the deceased

7. Tax Status Declaration: Statement regarding the tax position of the estate and any outstanding tax obligations

8. Verification Statement: Sworn statement confirming all information provided is true and complete

9. Signature Section: Space for declarant's signature, date, and notary authentication

What sections are optional to include in a Small Estate Affidavit Form?

1. Will Declaration: Statement regarding existence or non-existence of a will, used when there is uncertainty about testamentary documents

2. Foreign Assets Declaration: Details of any assets located outside the Netherlands, used when deceased had international holdings

3. Business Interests: Declaration of any business ownership or shares, used when deceased had business interests

4. Minor Heirs Protection: Special provisions regarding minor heirs' interests, used when there are heirs under 18

5. Disputed Claims: Section addressing any known disputes or potential claims against the estate, used when there are pending disagreements

6. Power of Attorney: Authorization details if declarant is acting on behalf of other heirs, used when representing multiple parties

What schedules should be included in a Small Estate Affidavit Form?

1. Schedule A - Asset Inventory: Detailed listing of all assets including account numbers, property details, and estimated values

2. Schedule B - Death Certificate: Certified copy of the death certificate (required attachment)

3. Schedule C - Heir Identification: Copies of identification documents for all heirs

4. Schedule D - Bank Statements: Recent bank statements for all accounts of the deceased

5. Schedule E - Property Documents: Copies of property deeds or registration documents if applicable

6. Appendix 1 - Supporting Declarations: Additional sworn statements from witnesses or family members if required

7. Appendix 2 - Tax Documentation: Relevant tax returns or certificates from tax authorities

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

Banking

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Relevant Roles

Estate Planning Attorney

Notary

Legal Administrator

Probate Clerk

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