Accepting or renouncing an inheritance with a home in Belgium
When a home is part of the inheritance, accepting seems obvious. Yet it is a choice with consequences, especially if you do not know whether there are debts. Here you read which choices you have, what may already count as acceptance and what you had better not do with the home yet.
Every heir chooses for themselves: accept outright, accept under benefit of inventory or renounce; since 3 August 2017 the last two can only be done at the notary (notaris.be, checked 28 October 2026). Acceptance can also be tacit: whoever clears out the home, pays invoices of the deceased or applies for the deed of succession for real estate themselves may be deemed to have accepted, and in principle there is no going back. If you are unsure about debts, go to the notary first and leave the home as it is.
What is your home worth?
First see what your home is worth. Then start preparing early and without obligation: free, for as long as you like.
Which choices do you have when you inherit a home?
Nobody is obliged to accept an inheritance (notaris.be). Every heir chooses for themselves, even if brothers, sisters or a partner choose differently. Your choice applies to the whole inheritance: the home, but also the accounts, the contents and the debts.
A choice is in principle final. Once you have accepted, outright or under benefit of inventory, you can no longer renounce later if debts turn up after all (notaris.be, 2017). So take the time to find out what the inheritance contains, and decide before you do anything with the home.
Since 3 August 2017, renouncing and accepting under benefit of inventory can only be done at the notary; before, it was also possible at the court registry (notaris.be, 2017). The notary handles the formalities and records a renunciation in the Central Register of Succession (Centraal Erfrechtregister) (notaris.be, July 2025). These are the three choices:
Accept outright: you inherit the assets and also the debts. No formality is needed, because acceptance can also happen tacitly.
Accept under benefit of inventory: the notary draws up an inventory of all assets and debts, and you can never be held liable for more than the value of the assets (notaris.be). In the worst case you inherit nothing, but you also pay nothing out of your own pocket.
Renounce: you inherit nothing and you are not liable for the debts. Notaris.be recommends it if you are certain that the debts exceed the assets.
Part 2
What already counts as tacit acceptance?
Acceptance does not only happen with a signature. Whoever behaves as an heir may be deemed to accept the inheritance, even without meaning to (notaris.be, 24 March 2026). Around the home that is a real pitfall, because that is where you often want to arrange things quickly.
Only an owner can sell or let, so certainly wait with that until your choice is settled. Notaris.be explicitly names these actions:
Clearing out the home of the deceased: you are then presumed to accept the inheritance, even if there are debts (notaris.be, 2017).
Paying outstanding invoices of the deceased, or transferring money from their account (notaris.be, 24 March 2026).
Applying yourself for a deed of succession for real estate (akte van onroerende erfopvolging) at FOD Financiën, the federal tax authority (notaris.be, 24 March 2026).
As surviving partner, withdrawing more from the accounts than half of the balance, or more than € 5,000. Up to that limit it is allowed, to cover the first costs; whoever withdraws more accepts the estate (notaris.be).
Part 3
What do you do with the home as long as you have not chosen yet?
Leave the home as it is. Do not clear it out, do not divide any furniture yet and do not take any decision on a sale or letting yet. What is in the house belongs to the inheritance, even if it seems of little value.
An empty home does need care: the fire insurance, the heating in winter, the post. Ask the notary which steps you may take to protect the home without them counting as acceptance. If something urgently needs paying, consult the notary first, and keep the proof of what you pay.
Do already list what you know. A list of the accounts, loans, insurances and running contracts helps the notary to get a quick picture of what is in the inheritance. If there is a loan on the home, ask the bank how much is still outstanding and whether there was an outstanding balance insurance.
If you want to know roughly what the home is worth against those debts, you can request a free first valuation based on the address, for example at Hoobler. That is a lookup, not an action with the home itself, and not a valuation for the notary or the Flemish Tax Administration (Vlaamse Belastingdienst).
Part 4
When do you choose acceptance under benefit of inventory?
If you are not sure what exactly is in the inheritance, notaris.be calls this a recommended option (notaris.be, July 2025). The notary draws up an inventory of everything the deceased owned and owed. After that you know where you stand, and you never pay more debts than there are assets.
With a home that carries a loan, this is often the calmest route. You do not always know whether, besides the mortgage, there are other debts, such as an instalment loan, taxes or outstanding bills.
Acceptance under benefit of inventory does not happen automatically, not even for minor heirs: you make a declaration for it at the notary (notaris.be, September 2024). The settlement then follows fixed rules, also if the home has to be sold to pay creditors. Ask the notary how that goes in your case and how long it takes.
Do not wait too long. The longer you wait, the greater the chance that something you do counts as outright acceptance, and then this route is closed. Ask your notary which deadlines apply in your situation.
Part 5
What happens if you renounce the inheritance?
If you renounce, you give up all assets from the estate, and the creditors of the deceased can no longer come knocking at your door (notaris.be, July 2025). Personal items, such as photos, can then no longer be claimed either. So think it over before you decide, and take nothing from the home before you have spoken with the notary.
Your share does not disappear. A parent who renounces does not renounce for their child: the child then inherits in the place of the parent (notaris.be, September 2024). So your children must choose too, otherwise they may inherit the debts. Discuss the choice with the whole family. If several heirs make their declaration in the same deed, that limits the costs (notaris.be, 2017).
For a minor child, a parent cannot simply renounce. That requires an authorisation from the justice of the peace, who checks whether the renunciation is in the interest of the child. If the inheritance is clearly positive, the parent can also ask the justice of the peace to accept it outright on behalf of the child (notaris.be, September 2024).
If you yourself live in the home of the deceased, for example as a child or as a de facto cohabiting partner, discuss with the notary what a renunciation means for your housing situation.
Part 6
What does it cost to renounce an inheritance?
If your net share in the estate is not higher than € 6,093.20, the renunciation is free of charge. A fund of the notarial profession then bears the costs, and the registration in the Central Register of Succession is free too (notaris.be, July 2025).
If your share is larger, you pay the fee and the costs of the notary. These depend on the file and are higher if the notary also has to draw up a power of attorney or an inventory (notaris.be, 2017). Ask for an estimate in advance.
Acceptance under benefit of inventory also costs something, because the notary draws up an inventory. Weigh that cost against the certainty you get in return: afterwards you know exactly what the inheritance is worth.
Part 7
How long do you have to choose, and how does the estate declaration fit in?
In theory, as an heir you have 30 years to renounce an inheritance (notaris.be, July 2025). In practice you had better not wait that long: in the meantime every action as an heir may count as acceptance, and then renouncing is no longer possible.
The estate declaration (aangifte van nalatenschap) does have a hard deadline: 4 months after a death in Belgium, 5 months in the rest of the European Economic Area and 6 months outside it, with 2 months of extension on simple written request before the end of the deadline (Vlaamse Belastingdienst, checked 28 October 2026). Discuss with the notary how your choice and the declaration fit together.
A calm sequence usually looks like this:
The first weeks: you contact a notary and leave the home as it is.
Then the notary maps the assets and debts. If in doubt, you opt for an inventory.
You choose at the notary: accept outright, accept under benefit of inventory or renounce.
Within 4 months after the death in Belgium: the estate declaration, with an extension if needed.
Once your choice is settled: clear out the home and decide together on selling, taking over or keeping.
Part 8
What is the deed of succession for real estate, and when do you need it?
To sell an inherited home, you need a deed of succession for real estate (akte van onroerende erfopvolging): it shows who inherits the home (notaris.be). It is different from the certificate or deed of succession with which you have the bank accounts unblocked.
Do not apply for that deed yourself at FOD Financiën as long as you are still in doubt, because that may count as acceptance (notaris.be, 24 March 2026). Have the notary draw it up once the choice about the inheritance is settled.
After that, a sale proceeds like any other, with the same certificates: among others the EPC (energy performance certificate) before you put the home up for sale, an asbestos certificate (asbestattest) if the home dates from before 2001 and a soil certificate (bodemattest) (Vlaamse overheid, the Flemish government). At Hoobler you can start such a sale dossier for free from the address, and you see which documents the home needs. Only start on that once the notary confirms that you can.
Frequently asked questions
Answered briefly.
May I clear out the house of my deceased parent?
Wait with that until you have chosen at the notary. Whoever clears out the home of a deceased family member is presumed to accept the inheritance, even if there are debts (notaris.be). After that you can no longer renounce.
What does it cost to renounce an inheritance?
Nothing, if your net share is not higher than € 6,093.20: a fund of the notarial profession then bears the costs (notaris.be, July 2025). Otherwise you pay the fee and the costs of the notary, which depend on the file. Ask for an estimate in advance.
What does accepting under benefit of inventory mean?
The notary draws up an inventory of all assets and debts, and you can never be held liable for more than the value of the assets (notaris.be). It is a safe choice if you do not know whether there are debts. You make a declaration for it at the notary.
Do my children inherit if I renounce an inheritance?
Yes. A parent who renounces does not renounce for the child: the child inherits in the place of the parent (notaris.be, September 2024). So your children must choose too. For a minor child you need an authorisation from the justice of the peace to renounce.
Can I accept first and still renounce later?
No. Whoever has accepted, outright or under benefit of inventory, can in principle not go back, not even if debts turn up later (notaris.be). So only decide once you know what is in the inheritance.
Does paying invoices of the deceased count as acceptance?
It may count as acceptance, just like transferring money from the account of the deceased (notaris.be, March 2026). If something urgently needs paying, consult the notary first.
Knowing roughly what the home is worth helps to set the assets against the debts. The free first valuation based on the address gives you a starting point; it is not a valuation for the notary or the Flemish Tax Administration.