Frequently asked questions

The purpose of heir research (also known as probate research or descent research) is to determine who the heirs are. Together, these persons inherit everything the deceased leaves behind, in equal or unequal shares.

Yes, but some investigations are simpler than others. In the Netherlands, the civil-law notaries usually conducts the investigation themselves. The investigations we handle are generally complex in nature, or the information required to determine the heirs is difficult to obtain. This usually involves research abroad.

First, it must be established whether the deceased left a will. If not, the law determines who the heirs are. If there is a will, its provisions must be followed. Other aspects must also be considered, such as the matrimonial property regime under which certain heirs are or were married.

In the Netherlands, Article 10 of Book 4 of the Dutch Civil Code determines who inherits if there is no will. There are four groups of heirs (also known as parentelas). The first group consists of the spouse and children, the second of the parents and siblings, the third of the (descendants of the) grandparents and the fourth of the (descendants of the) great-grandparents. Predecease and representation must also be taken into account.

No. In the vast majority of cases, the heirs can be determined in the Netherlands. However, if research needs to be carried out in countries of emigration such as the United States, Canada or Australia, matters become more complex and the information is less accessible to the civil-law notary. If the emigrant is no longer alive, further research is required.

Not in every country, but in the vast majority. We specialise in what we call 'exotic countries', such as Indonesia. Countries such as Tunisia, India, Thailand and Brazil regularly come across our desk. We work with local researchers, so we do not have to reinvent the wheel. These colleagues know their way around and often have a legal or archival background.

Within the EU, this is determined by the European Succession Regulation: in principle, the law of the country where the deceased had their habitual residence applies, unless a choice of law was made. For immovable property outside the EU, the law of the country where the property is located may apply. It is precisely this legal assessment that makes the difference between a family tree and heir research.

If there is a will, it depends on its terms: the share may pass to the co-heirs, or to the children of the deceased heir (representation). If there is no will, the law determines what happens. If the heir died before the person whose estate is being settled (this is called predecease), their children take their place. If an heir died later, it must be determined who his or her heirs are. We do this by looking either at a will or at the law.

If the heir predeceased abroad, we look at the children of the deceased heir. In the event of a later death, we want to know whether the heir was married and, if so, under which matrimonial property regime. It is also important to check whether they left a will and, if not, to determine how inheritance law works in the country concerned. We are referring to people who emigrated. Someone who dies abroad while on holiday but was habitually resident in the Netherlands will in principle be subject to Dutch inheritance law. What matters is the habitual residence at the time of death, unless a choice of law was made in a will.

The basic principle is that everyone can inherit, including minors. However, the law imposes a number of restrictions. For example, a murderer cannot inherit from their victim. Family members who are too distantly related cannot inherit from each other either. In the Netherlands, intestate succession extends to the sixth degree of kinship. Naturally, those who disclaim the inheritance do not inherit.

In principle, such an inheritance is managed by the person who has parental authority or guardianship over the child. This is usually the (legal) parents. A will may also determine what should happen to the inheritance, for example by establishing a testamentary administration (bewind). In this way, the management of the inheritance can be entrusted to a specific person.

If you accept the inheritance under benefit of inventory, your own assets cannot be seized by creditors of the estate. Your car or house therefore cannot be sold if there is not enough in the estate to pay the debts. However, acceptance under benefit of inventory does make the settlement somewhat more complex. If you would like to know more, we recommend visitingwww.executeur.nl.

Genealogists specialise in family history. At the request of private individuals, they trace ancestors and descendants. We do the same, but we also specialise in Dutch and foreign inheritance law. Another important difference is that we trace and contact living people. In our work, we must comply with the General Data Protection Regulation (GDPR), which only applies to living people. We therefore call ourselves 'probate genealogists'.

Yes, over the years we have traced ancestors and distant relatives for various clients. If you are interested in this service, please send us an email describing your wishes (the more detailed, the better). We will discuss this internally and then provide you with a quote.

No, but we are in the vast majority of cases. Often, when we take on an investigation, the situation is already complex. For example, we regularly conduct probate genealogical research in the former Dutch East Indies.

We know in advance that completing such an investigation will be a challenge, because the population records of the Dutch East Indies were not centrally preserved and are incomplete. Everything was left behind in what is now Indonesia and is often in poor condition.

This is impossible to say in advance. Tracing a person can be relatively quick. The same applies when only documents need to be requested. However, if the heirs of an heir who died abroad need to be established, the research can take months. It varies from case to case, and often an estimate can only be made as the research progresses.

Here, too, we cannot give a definitive answer. If you send us an email with your specific research question, we can try to provide an estimate tailored to your request, based on the average results of previous investigations. We cannot give any guarantees in advance, but we will of course keep you informed and consult with you during the process.

In principle, we only work for legal professionals such as civil-law notaries, solicitors, lawyers, executors and estate administrators. There are exceptions. Please contact us to discuss your case; we will be happy to find a suitable solution with you. For the preparation of a certificate of inheritance (verklaring van erfrecht), we work with a number of Dutch civil-law notaries with whom we have a close working relationship.

In principle, all the information you can provide. Even the smallest detail can make a difference. As a minimum, we need the personal details of the deceased and of the person you are looking for: mainly dates and places of birth and death, but also the last known place of residence or whereabouts.

Extracts from the Dutch population register (BRP) and civil registry records (birth, marriage and death certificates) are also important. In most cases, we will ask the client, who is usually a civil-law notary, solicitor or lawyer, to sign a power of attorney drawn up by us.

This is part of our services, but always through a civil-law notary, solicitor, lawyer or other legal professional. When conducting such investigations, we must strictly comply with the General Data Protection Regulation (GDPR). For example, there must be a 'legitimate interest' or the performance of a 'legal task'.

We are affiliated with the IAPPR and the Association of Professional Genealogists, among others. Because our profession is highly specialised and the number of researchers in the Netherlands can be counted on one hand, there is no professional association that focuses specifically on our work. However, Klaas Zondervan is a member of, among others, the Dutch Association of Legal Advisers (NVRA). For more information, please visit www.nvra.nl.

Our work is covered by professional indemnity insurance taken out by our company (€ 1 million per claim and € 5 million per insurance year) and by general liability insurance. All employees are covered. Liability is limited in our general terms and conditions.

You may know Klaas Zondervan as the expert on the popular Dutch television programme 'De Erfgenaam' (The Heir), presented by Ruben Nicolai, which attracted more than 1,000,000 viewers in both its first and second seasons. The cases featured in the programme concern so-called unclaimed assets. Similar cases are handled by our sister company Missing Money B.V. Please visitwww.missingmoney.nlfor more information.

Yes, we work with several Dutch civil-law notary offices that can provide this. Thanks to our long-standing relationship with them, communication is direct and matters can be handled quickly. These offices are also familiar with our research methods and the quality of our reports.

Certainly. Klaas Zondervan is a certified executor and estate liquidator. As the owner of Executeur.nl, he administers many estates every year. For more information, please visitwww.executeur.nlor contact us at info@executeur.nl or +31 85 060 4243.

We can help you with that too. Please contact Klaas Zondervan at info@zondervanlegal.nl or +31 85 060 4243. For more information, please visit www.dutchprobate.com. Klaas has extensive experience in these matters.

We would be happy to help. Please call +31 85 060 4243 or email info@missingmoney.nl.Missing Money B.V. is our sister company, which deals with, among other things, looted art and unclaimed estates.

An executor is responsible for administering the estate. An important part of this is paying outstanding bills and filing the income tax and inheritance tax returns. Would you like to know more, or can we help you? Please contact us at info@executeur.nl or +31 85 060 4243, or visitwww.executeur.nl. Klaas is a NOVEX-certified executor and estate liquidator and will be happy to assist you.

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