After a death the property has to be emptied at some point. With a rented home a deadline is running, and with a privately owned home the estate agent wants the house empty before it goes on the market. At the same time there is a great deal else to arrange and you do not want to throw away anything you will regret later.
The order matters. Whatever has a deadline attached, you arrange straight away. The contents can nearly always wait, and should wait until it is clear how you accept the estate.
What has to come first, and what can wait
In the first few days the attention goes to the funeral and the paperwork that comes with it. The property can almost always wait. Start with the matters that have a deadline attached and leave the contents where they are.
- Registering the deathThe funeral director usually registers the death. Ask for extra death certificates straight away, because banks, insurers and the landlord all want one.
- Certificate of inheritanceThe notary establishes who the heirs are and who may act on their behalf. Many banks and landlords will only do business with you once this document, the verklaring van erfrecht, is in place.
- Informing the landlord or estate agentWith a rented home a deadline starts running from the day of death. So report it quickly, even if you do not yet know when the property can be emptied.
- Post and subscriptionsHave the post redirected to your own address and cancel any running subscriptions.
Sorting through the contents and having them removed can wait. There is rarely any hurry behind it, and starting too early can mean that you accept the estate outright.
Heirs, executor and notary
The heirs are jointly responsible for the estate, the nalatenschap. As long as nothing else has been arranged, they have to agree together on what happens to the property and the contents.
If the will names an executor, the position is different. An executor may administer the estate and in practice often arranges the clearance, the notice on the tenancy and the contact with official bodies. The notary draws up the certificate of inheritance. On the legal side the notary takes the lead, so questions about accepting an estate, debts or powers to act belong there.
Wait before throwing anything away until the estate has been accepted
Before you take belongings, sell them or have them removed, it has to be clear how you accept the estate. You can become liable for the debts of the deceased without meaning to.
Accepting outright
You receive everything there is, but you are also liable for all the debts. According to the Rijksoverheid, the Dutch government, that holds even when those debts together come to more than the assets. The shortfall then comes out of your own money. You do not have to file anything with the court for this.
Accepting beneficially
You do accept the estate, but you are not liable for the debts. The debts are paid out of the estate first, and whatever is left goes to the heirs. For this you make a declaration at the court. The settlement then follows fixed rules, which means more work and more cost. If you do not know whether there are debts, this is the cautious route.
Emptying a property can count as an act of acceptance
You do not have to sign anything to accept an estate outright. Your conduct can be enough in itself. The Rijksoverheid puts it like this: if you take belongings of the deceased or sell them, or if you pay outstanding bills, then in law you have accepted the estate outright. Paying for the funeral out of the estate does not fall under this.
Emptying a property and dividing or selling the contents can therefore be seen as an act of acceptance. There is no statutory deadline for the decision itself, so do not let yourself be rushed. Have your situation assessed by the notary before any belongings leave the house. We only remove anything once the heirs or the executor give the go-ahead.
The notice period for a rented home
If the deceased lived alone, without a co-tenant and without a lasting shared household with another occupant, the tenancy agreement ends by itself. The main rule is that the tenancy ends at the end of the second month after the death. So if someone dies on 18 March, the tenancy runs until 31 May.
The heirs may give notice earlier, with effect from the end of the first month. That saves a month of rent, but the property then has to be handed over a month earlier as well. If someone does stay on, a co-tenant or a child living at home for instance, different rules apply. Check that with the landlord.
What the landlord expects at the handover
If the heirs accept the estate, they are responsible for a proper handover. If all the heirs renounce the estate, that falls to the landlord, according to the Woonbond, the Dutch tenants’ association. Exactly what has to be done differs from one landlord to another, but almost all of them come back to this:
- Ask for a preliminary inspectionThe landlord sets out in a report which work is required, with an indication of the costs. That way you know in advance where you stand.
- Empty and broom cleanStoreroom, loft, shed and balcony included.
- Your own alterations taken outCarpet, laminate, skirting boards, curtain rails and light fittings are often removed, and holes and plugs filled. Whatever may stay is set out in the report.
- Record everything with photographsPhotograph the condition in which you leave the property. That is your evidence in any discussion about repair costs.
At the final inspection you go through together whether the agreed work has been done.
Papers, photographs, jewellery and valuables
These are the belongings that mean most to the family and that cause discussion most often. Agree in advance how you will handle them, certainly if there are several heirs.
- Papers firstGather policies, bank statements, deeds, tax papers and post in one place. Do not throw paperwork away before the estate has been settled.
- Photographs and albums apartPhotographs have no monetary value. For the family they are often the most important thing in the property. Look through them calmly at home, not on the day of the clearance itself.
- Jewellery and valuablesRecord with a photograph and a list what has been found. Hand it over to the executor or to the heirs together.
- Do not throw away anything you are unsure aboutIf in doubt, set something aside rather than put it in the skip, because once something has been taken away you cannot get it back.
Arranging a clearance when you live far away
Many children no longer live in the place where their parents lived. That need not be a problem: most families come round once at most.
- A survey by videoIf you cannot be there, we walk through the property on a video call. You see every room with us and say there and then what has to stay.
- Photographs to consult you during the workAnything we are unsure about is photographed and sent to you. Only once you agree does it go with us or go away.
- The key through the notary or estate agentWe collect the key from the notary, the estate agent or the housing association and hand it back in there as well.
- A handover with photographs and a reportAfterwards you receive photographs of the empty property and a handover report for the landlord, estate agent or notary.
The order to work in
Arrange the funeral and the paperwork first. Have the notary establish who decides what and how you accept the estate. Only after that does the property get emptied.
You can read how we handle this in practice on the page about house clearance after a death. If it concerns a clearance without a death, have a look at house clearance. We work from Bodegraven across the whole Groene Hart region, including in Gouda and Alphen aan den Rijn.
If you have a question or would like to book a free survey, you can contact us or call 085 7444 039. The survey is usually possible within 1 to 3 working days, and after that you have a fixed price within 24 hours.
