Probate Process in the Netherlands: How the Notary System Works

The Netherlands does not use a probate court to open and supervise every estate. There is no judge overseeing routine estate distribution or court filing to "open probate" in the Anglo-American sense. Instead, civil-law notaries (notarissen) are central to verifying heirs, interpreting wills, and issuing the certificates that unlock bank accounts and property transfers. District courts still handle specific matters such as beneficial acceptance and rejection, and maintain the public estate register (boedelregister).

If you are used to the Anglo-American probate system, this is a fundamentally different model.

Step 1: Search the Central Wills Register

The first step is checking whether the deceased left a will. A notary queries the Central Wills Register (Centraal Testamentenregister — CTR) in The Hague, which records every will executed before a Dutch notary.

The CTR tracks:

• The date a will was executed
• Which notary holds the original document
• Whether the will was later revoked or replaced

It does not store the content of the will — only the fact that one exists and where to find it. Heirs can also search the CTR themselves for free via an online form (for deaths after September 30, 1994, where the deceased lived and died in the Netherlands). Written requests to the CTR typically receive a response within one week.

Step 2: The Certificate of Inheritance

To access most bank accounts, transfer real estate, or collect insurance payouts, heirs generally need the Certificate of Inheritance (verklaring van erfrecht). This is the central document of the Dutch estate process — without it, most financial institutions will not release funds.

The notary compiles the certificate by:

• Checking the CTR for any wills
• Querying municipal civil registries to verify family relationships
• Identifying and contacting all legal heirs
• Explaining the three inheritance acceptance options (unconditional, beneficiary, rejection)
• Recording each heir's formal choice
• Verifying identities

The finished certificate identifies the deceased, lists all verified heirs with their respective shares, and records whether each heir has accepted or rejected the inheritance.

What the Certificate of Inheritance Costs

Notary fees in the Netherlands are liberalised — there is no fixed rate. Costs vary significantly:

• Online notary services: From €395
• Traditional physical notaries: €600–€1,500+
• Complex estates (multiple properties, business interests, international heirs): €1,500+

The difference between an online and traditional notary is primarily overhead, not quality. The legal product is identical. Online notaries use digital identity verification (iDIN) and standardised workflows to reduce costs.

To find competitive rates, request quotes from multiple notaries — websites like Thuisnotaris.nl allow comparison shopping. The cheapest option is not always the best for complex estates, but for straightforward cases (married couple, no will, standard assets), the online services work well.

When You Don't Need the Certificate

Under a unified banking policy from 2012, Dutch banks will bypass the Certificate of Inheritance if three strict conditions are all met:

1. The surviving partner was married to or in a registered partnership with the deceased
2. No will exists (verified by CTR check)
3. Total bank balances do not exceed €100,000

If any condition is not met, the full certificate is required.

The Certificate of Executorship

If the deceased appointed an executor in their will, the notary issues a separate Certificate of Executorship (verklaring van executele). This document proves the executor's authority to manage bank accounts and settle debts within the scope of the will.

The executor's authority is defined by the will and cannot exceed what the testator granted.

Timeline

The standard timeline for obtaining a Certificate of Inheritance is 2–6 weeks from the initial notary appointment. Factors that extend this:

• International heirs who need to provide apostilled documents
• Disputes among heirs about acceptance or rejection
• Complex asset structures requiring additional investigation
• The CTR search itself (usually fast, but pre-1976 wills take longer)

Once the certificate is issued and delivered to the bank, account access is typically restored within 15 working days after the bank receives the complete documentation.

The Someone Died in Netherlands: English Speaker's Emergency Guide walks through the entire notary process in English, including how to compare notary fees, what to expect at the appointment, and how to handle the process remotely if you are outside the Netherlands.

See more Netherlands guides →