Estates without claimants or heirs

An estate without claimant is created if no one comes forward to claim the estate, if no heir is known, or if the known heirs reject the estate. An estate can only be considered to be without claimants after a period of 3 months and 40 days following the death at the earliest. If such an estate without claimants is financially beneficial, it can be claimed. It will then become a so-called estate without heirs and the proceeds will go to the Belgian state.

  • Procedure

    We will investigate whether there truly are no legal or testamentary heirs and check what the estate is composed of.

    If there are no heirs and if the estate brings financial advantage to the Treasury, we will ask the court of first instance having jurisdiction over the last tax residence of the deceased, to be granted provisional possession of the estate.

    If we have been granted provisional administration of the estate, we must disclose it: 

    • three times in a row every three months by means of a publication in the Belgian Official Journal
    • three times in a row every three months by means of bill-postings (for instance at the registry of the court of first instance)

    We can then ask to be granted definitive possession of the estate.

    When we have obtained definitive possession, the estate is liquidated:

    • The bank accounts are closed and settled.
    • Movable property is sold through the Fin Shops of the FPS Finance. Movable property that cannot be sold, will be destroyed.
    • Immovable property will be sold through Finimmoweb. 
    • A final report with an overview of all income and expenditure is drawn up.

    We also have to pay estate duties/inheritance tax like any other successor. The applicable rates are the ‘rates between other persons’,  depending on the Region.

    • Where can I find out if a receiver has been appointed for an estate without claimants?

      If a receiver is appointed to an estate without claimants, this is published in the Belgian Official Journal.

      However, using the FPS Justice search engine you can find out more easily whether a receiver has been appointed:

      1. Fill in the name and first name of the deceased under ‘Woord(en) van tekst’ ('Word(s) of the text').
      2. In order to narrow down the results, you can also add the year of birth and the word ‘curator’ ('receiver') to the search.
      3. Click the 'Zoeken' (‘Search’) button.
      4. You will see the results which you can then access.

    • Where can I find out if an estate is without heirs?

      Estates without heirs are published in the Belgian Official Journal.

      However, using the FPS Justice search engine you can find out more easily whether an estate is without heirs:

      1. Fill in the first name and surname of the deceased under ‘Woord(en) van tekst’ ('word(s) of the text').
      2. In order to narrow down the results, you can also add the year of birth and the word ‘erfloze’ ('without heirs') to the search.
      3. Click the 'Zoeken' (‘Search’) button.
      4. You will see the results which you can then access.

    • Can the FPS Finance claim an estate for which an official administrator, representative or receiver has already been appointed?

      Yes, we can claim such estate.  To do so, we have to draw up a request for discharge and file it with the competent court.

    • Can I appoint the Belgian State as legatee of my estate in my will?

      Yes, you can appoint the Belgian State as legatee of your estate in your will.

      There are three types of wills:

      • holographic will
      • authentic or notarial will
      • international will

      You can find more information on how to draw up a will on the website of the Belgian notary.

  • Recovery

    As an heir, you have thirty years to make a claim regarding the estate option.

    You will have to prove your family tie with the deceased and present a deed of inheritance or a certificate of inheritance.

    If you then claim the estate within those 30 years, we will return it, even if we had already been given definitive possession.

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