Inheriting in Belgium does not only mean receiving assets but also taking on debts. If you accept purely, you are personally liable for the deceased's debts, even with your own assets. Fortunately, two safe options exist.
The three choices
For any estate you have in principle three options:
- Accept purely: you receive all assets and are liable for all debts.
- Accept under benefit of inventory: your liability is limited to the value of the estate.
- Renounce: you inherit nothing and are not liable for the debts.
Our deep dive on accepting or refusing covers each scenario.
When is there a debt risk?
Ask the bank and the Central Contact Point (CCP) for the list of assets, and check:
- outstanding mortgage;
- car loans or personal loans;
- unpaid invoices or tax debts;
- guarantees given for relatives or self-employed;
- rental arrears or alimony.
Also ask the bank for the list of assets over the last 3 years and consult the National Bank for credits.
How to renounce correctly
Renunciation must be made expressly by deed at the court of first instance (succession chamber) or before a notary. It is free at the court, about 150 euros at the notary. You can do it within 30 years of the death, but do not wait too long to avoid issues with creditors.
Important:
- if you take one asset from the estate, you are deemed to have accepted;
- on renunciation, your share goes to your children (and next generation if they too renounce);
- debts do not vanish, they are borne by accepting heirs or by the estate in escheat.
Acceptance under benefit: the safe middle ground
In doubt, choose acceptance under benefit of inventory. A notary draws up an inventory, creditors are summoned, and you only pay debts to the extent that the estate covers them.
Cost: between 1,000 and 3,000 euros for notary fees and the inventory. Wise when:
- the deceased had self-employed activity;
- you do not know the bookkeeping;
- there are guarantees or foreign assets.
Practical example
Marc dies. Assets: house 200,000 euros, savings 20,000 euros. Debts: mortgage 80,000 euros, unpaid self-employed invoice 100,000 euros, personal loan 30,000 euros.
- Balance: 220,000 - 210,000 = 10,000 euros.
- With pure acceptance: heirs get 10,000 euros but remain liable for any new debts.
- With acceptance under benefit: heirs get the balance after inventory, no personal liability.
- With renunciation: creditors go after the estate, heirs receive and pay nothing.
Nalenta and your debt analysis
Nalenta computes the net estate from your inventory and flags when acceptance under benefit or renunciation is wise. For the practical steps see accept or refuse and inheriting without a will.