Estates without claimants or heirs
What is the difference between an estate without claimants and an estate without heirs?
An estate without claimants is an estate where, when the time for drawing up the estate inventory and the period of reflection (3 months and 40 days from the date of death) have elapsed:
- nobody has come forward to claim the succession
- there are no known heirs
- the known heirs have waived the succession
An estate without heirs is an estate without claimants that is claimed by the Belgian State provided that an analysis has shown that the estate offers a financial advantage.
Which department deals with claiming and processing estates without heirs?
The Heirless Estates Department is in charge of the estates without heirs in the entire country, except in the German-speaking Community. Those estates are dealt with by the multidisciplinary German-speaking team in Sankt-Vith.
Both departments belong to the General Administration of Patrimonial Documentation of the Federal Public Service Finance.
Can the Belgian State claim an estate for which an official administrator, representative or receiver has already been appointed?
Yes, the Belgian State can claim these estates. To do so, the State has to prepare and file a request for discharge with the competent court.
How can the Belgian State claim an estate?
The Heirless Estates Department (or the multidisciplinary German-speaking team)
- checks if there are effectively no legal or testamentary heirs
- analyses the composition of the estate
If there are no heirs and if the estate brings financial advantage to the Treasury, a proposal to claim the estate is filed.
The Belgian State asks the Court of First Instance of the last tax residence of the deceased to be granted provisional possession of the estate. At that moment, the State asks for the provisional administration of the estate.
When the State has been granted provisional possession, it has to publish the request:
- three times in a row every three months by means of a publication in the Belgian Official Journal
- three times in a row every three months by means of bill-postings at, inter alia, the registry of the Court of First Instance
After these announcements, the State can ask to be granted definitive possession of the estate.
How is the liquidation of an estate without heirs dealt with?
When the Belgian State has obtained definitive possession, the estate is liquidated. This includes the following:
- The bank accounts are closed and settled.
- All movable and immovable property of the estate are sold.
- A final report with an overview of all income and expenditure is drawn up.
Does the Belgian State have to pay estate duties/inheritance tax?
The Belgian State has to pay estate duties/inheritance tax like all successors. The applicable rates are the ‘rates between other persons’, depending on the Region:
What happens with the movable and immovable property of the estate?
MOVABLE PROPERTY
The Fin Shops of the Federal Public Service Finance sell the movable property of estates without heirs.
Movable property that cannot be sold by the Fin Shops, is collected by third parties (removers) to be destroyed.
IMMOVABLE PROPERTY
The FinDomImmo Department administers the immovable property as soon as the Belgian State has obtained provisional possession of the estate. The management includes:
- carrying out urgent repairs
- asking for soil certificates, energy performance certificates etc.
- drawing up user agreements
From the moment that the Belgian State has obtained definitive possession of the estate, it can be sold. The Federal Purchasing Committee sells the immovable property of estates without heirs by public auction.
Where can I find out if a receiver has been appointed for an estate without claimants?
The appointment of a receiver to an estate without claimants is published in the Belgian Official Journal. It is possible to check in the Belgian Official Journal (example in Dutch | example in French | example in German) whether a receiver has been appointed by searching on the name of the deceased.
- Fill in the same name for ‘Woord(en) van tekst’ [Words of the text] and in the field preceded by ‘EN’ [AND].
- Click on ‘Opzoeking’ [Search]. If there are one or more results, the number appears next to the button ‘Opzoeking’.
- Click on ‘Lijst’ [List] to see the results.
Where can I find out if an estate is without heirs?
It is possible to check in the Belgian Official Journal (example in Dutch | example in French | example in German) whether an estate is an estate without heirs by searching on the name of the deceased.
- Fill in the same name for ‘Woord(en) van tekst’ [Words of the text] and in the field preceded by ‘EN’ [AND].
- Click on ‘Opzoeking’ [Search]. If there are one or more results, the number appears next to the button ‘Opzoeking’.
- Click on ‘Lijst’ [List] to see the results.
Can I , as an heir, recover an estate from the Belgian State?
Yes, heirs have thirty years to make a claim regarding the estate option. If, within a period of thirty years, heirs show up in an estate without heirs, the State gives the estate back to the heirs, even if the State has been granted definitive possession of the estate.
Heirs have to prove their family ties with the deceased and produce a deed or certificate of inheritance. They can obtain this from a notary or at a Legal Compliance office.
Can I appoint the Belgian State as a legatee of my estate? How do I proceed?
Yes, you can appoint the Belgian State as a legatee of your estate in your will.
There are three types of will:
- a holographic will
- a notarial will
- an international will
More information about drawing up a will can be found on the website of the notarial profession.
How and when can I contact the Heirless Estates Department?
What questions can you contact uw with?
You can contact the Heirless Estates Department with the following questions:
- You want to obtain or exchange information about an estate without heirs.
- You are the heir or legatee in a file with regard to an estate without heirs.
- You have learned of the death of an owner of a neighbouring property or parcel and suspect that it is an estate without heirs, and you want to report this.
- A co-owner of your property or parcel suspected to be an estate without heirs has died, and you want to report this.
- You are a tenant or lessee of a property or parcel from an estate without heirs and you have a question about your contract/agreement.
How to contact the Department?
You can contact the Heirless Estates Department by telephone on +32 (0)2 572 57 57 (directe code NL: 18099 - code direct FR : 18093) or by email at erfloze.succ.desherence@minfin.fed.be.
What should you be sure to include in your question?
Your contact details
- Name and first name
- Address
- Phone number
- Connection/relationship to the deceased
- Service reference (if applicable)
If known, the following details
Information on the deceased
- Name and first name
- National register number
- Date of birth
- Date of death
- Address
Information on the property or parcel
- Address (postal code, town/city, street name, house number, box number)
- Land registry data
File number at the Heirless Estates Department
The file number is characterised by its structure:
- S35/..../...VL-WAL-BXL-ANTW-XXXX or
- S35-Type of file-dd/mm/yyyy-serial number or
- GWD-REF-dd/mm/yyyy-serial number (if it is a file that has been refused by our service)
If it is a message about a lease or other contract
A copy of the existing lease between you and the deceased owner.
