What exactly is heir research?

The purpose of heir research (also known as probate or descent research) is to determine who the heirs are. These persons jointly inherit everything that the deceased leaves behind, whether or not for specific parts.

Does heir research always have to be carried out?

Yes, but some investigations are simpler than others. In the Netherlands, the solicitor 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.

How do you determine who the heirs are?

First, you need to check whether the deceased had a will. If they didn't, the law decides who the heirs are. If there is a will, you need to follow what it says. There are other things to look at, like how some heirs are or were married.

Who inherits according to the law?

In the Netherlands, Article 10 of Book 4 of the 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. Precedence and substitution must also be taken into account.

Is heir research always carried out in the Netherlands?

Definitely not. In the vast majority of cases, it will be possible to determine who the heirs are in the Netherlands. However, if research needs to be carried out in countries of emigration such as the United States, Canada or Australia, the story becomes more complex and the information is less accessible to the civil-law notary. If the emigrant is no longer alive, further research is required.

Do you conduct heir research in every country?

Not in all, but in the vast majority of countries. We specialise in what we call ‘exotic countries’, one of which is Indonesia. Countries such as Tunisia, India, Thailand and Brazil are regularly on our radar. We work with local researchers, so we don't have to reinvent the wheel ourselves. These colleagues know their way around and often have a legal or archival background.

What if an heir has died?

If there is a will, we first need to find out who the other heirs are. They may be entitled to a share of the inheritance. If there is no will, the law determines what happens. If the heir has died before the person whose estate is being settled (this is called ‘precedence of death’), their children take their place. If an heir has died later, it must be determined who his or her heirs are. We do this by either looking at a will or at the law.

What if an heir dies abroad?

In the event of an earlier death 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, how. It is also important to check whether they had a will and, if not, to determine how inheritance law works in the country concerned. We are referring here specifically to people who have emigrated, because if you die abroad, Dutch inheritance law applies in principle.

Can anyone inherit from anyone?

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 in the family tree cannot inherit from each other either. In the Netherlands, inheritance extends to the ‘sixth degree of kinship’. Naturally, people who disown their heirs do not inherit.

What if the inheritance goes to a minor child?

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. You can also determine in a will what should happen to the inheritance, for example by setting up a testamentary administration. In this way, the administration of the inheritance can be assigned to a specific person.

As an heir, am I liable for debts?

If you accept the inheritance under benefit of inventory, your own assets cannot be seized by creditors of the estate. Your car or house cannot therefore 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 about this, we recommend visiting www.executeur.nl.

What is the difference between your work and what a genealogist does?

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 refer to ourselves as ‘inheritance genealogists’.

Do you also carry out general genealogical research?

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 with your requirements (the more detailed, the better). We will then discuss this internally and provide you with a quote for the work.

Are you always able to complete an heir search?

No, we are not always successful, 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 inheritance genealogical research in the former Dutch East Indies.

We know in advance that it will be challenging to complete the investigation, because the population records of the Dutch East Indies are not centrally stored and are incomplete. Everything was left behind in what is now Indonesia and is often in poor condition.

How long does it take to complete an investigation?

This is impossible to say in advance. When it comes to tracing a person, it can be relatively quick. Similarly, it can be quick when only documents need to be requested. However, if the heirs of an heir who died abroad need to be traced, the research can take months. It varies from case to case and often an estimate can only be made during the process.

How much does it cost to have an heir search carried out?

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

Do you also work for private individuals?

In principle, we only work for legal professionals such as solicitors, lawyers, executors and liquidators. There are exceptions. Please contact us to discuss your case. We will be happy to work with you to find a suitable solution. For the preparation of a certificate of inheritance, we work together with a number of solicitors with whom we have a close working relationship.

What do you need to start an investigation?

In principle, all the information you can provide us with. Even the smallest detail can make a difference. Basically, we need the personal details of the deceased and of the person you are looking for. This mainly concerns birth and death details, but also the last known place of residence or whereabouts.

Extracts from the population register (BRP) and civil registry documents (birth certificates, marriage certificates and death certificates) are also important. In most cases, we will request a power of attorney from the client, who is usually a solicitor or lawyer, which we will draw up ourselves.

Can I hire you to trace a missing person?

This is part of our service, but always through the intervention of a 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’.

Are you affiliated with a professional association? And are you insured?

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

Our work is covered by professional liability insurance taken out in favour of our company (€ 1 million per claim and € 2 million per insurance period) and liability insurance for companies. All employees are covered by this insurance. Liability is limited in our general terms and conditions.

Do you also work with unclaimed credits on a no cure, no pay basis?

You may be aware that Klaas Zondervan is the expert on the popular 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 dealt with in the programme are so-called ‘unclaimed assets’. Similar cases are handled by our sister company Missing Money B.V. Please contact us at www.missingmoney.nl for more information.

Can you help me obtain a certificate of inheritance?

Yes, we work with several notary offices that can take care of this. The advantage of this is that we have a long-standing business relationship with them, which means that the lines of communication are short and we can respond quickly. These offices are also familiar with our research methods and the quality of our reports.

Can you also help with the settlement of an estate?

We can certainly be of service in this regard. Klaas Zondervan is a certified executor and liquidator. As the owner of Executeur.nl, he settles many estates every year. For more information, please visit www.executeur.nl or contact us at info@executeur.nl or 085-0604243.

I am looking for legal advice on an inheritance matter. Can you help me with this?

We can help you with that too. Please contact Klaas Zondervan at info@zondervanlegal.nl or 085-0604243. For more information, please visit www.luminisexecuteurs.nl, www.executeur.nl or www.dutchprobate.com. Klaas has extensive experience in these matters.

I have received a letter about an unclaimed inheritance or credit balance. Can you help me?

We would be happy to help. Please contact us on 085-0604243 or send an email to info@missingmoney.nl. Missing Money B.V. is our sister company, which deals exclusively with stolen art and unclaimed inheritances, among other things.

Can you explain what the role of an executor is and what exactly they are allowed to do?

An executor is responsible for settling the estate. An important part of this is paying outstanding bills and filing income tax and inheritance tax returns. Would you like to know more or can we help you with anything? Please contact us at info@executeur.nl or 085-0604243. You can also visit info@executeur.nl. Klaas is a NOVEX-certified (SCE) executor and liquidator; he will be happy to assist you.