What do I need to do if a family member dies?

Declaring a death

Anyone can report a death to the bank based on a death certificate.
However, the bank may already have recorded the death based on a death notice. In this case, the death certificate will still need to be produced later.

1. How to declare a death?

The declaration can be made at a branch or online through Easy Banking Web on a computer or tablet.
Note: The bank may also be directly informed by the notary or pension institution.

2. What documents are required to release/unblock assets? And can you find them?

The necessary documents to release assets are, at a minimum, the death certificate and the inheritance certificate. The latter is a document that mentions the heirs/rightful claimants of the estate and confirms that they and the deceased had no tax, non-tax or social debts at the time of death. If necessary, other documents may be required; the bank/notary will inform you.

Where do you obtain the death certificate?
You can obtain the death certificate from the municipality where the death occurred.

The required documents to obtain the death certificate from the municipality's civil registry service are the deceased's ID card, the death certificate issued by the doctor, and, if applicable, the deceased's marriage certificate.

Tip: Do not hesitate to ask for multiple extracts of the death certificate, as some organisations do not accept copies.

Where do you find the inheritance certificate?

There are two ways to obtain the inheritance certificate: either through a notary or through the Registration Office.

You can request the inheritance certificate free of charge through the Registration Office or more simply online through MyMinfin. You will find more information on this website: https://finances.belgium.be/fr/particuliers/famille/deces/deblocage_comptes_bancaires

The conditions for obtaining an inheritance certificate from the Registration Office are:
• The absence of a will drawn up by the deceased.
• The absence of a succession pact (i.e. if the deceased had previously, in agreement with the heirs, settled their estate in complete transparency).
• The absence of a marital agreement and contractual institutions.
• The absence of a minor or legally incapacitated heir.

If these conditions are not met, an act of inheritance must be requested from a notary, and in this case, the request will be subject to a fee.

3. Is it mandatory to go to a notary in case of inheritance?

In case of inheritance, the heir does not generally need to go through a notary, although it may be beneficial. The notary can help administer the estate.

Note that in certain cases, it is mandatory to involve a notary:
• One of the heirs is a minor or legally incapacitated.
• The deceased had written a will.
• The deceased was married with a marriage contract.
• A succession pact had been established.

You will find more information about the role of notaries on www.notaire.be.

4. What happens once the death is declared? What are the consequences of the declaration?

Once the death is declared, the bank is legally required to temporarily block all accounts and/or safe deposit boxes of the deceased and/or their spouse.
Even if the accounts are unavailable, the law allows the spouse or heirs to dispose of a legal advance of a maximum amount of 5,000 EUR, without exceeding half of the available balances of the joint or shared accounts. This advance is possible so that the surviving spouse can cover daily expenses.
Note: If the deceased was married under the “separation of property” regime, the assets of the surviving spouse can be unblocked only if a notary confirms to the bank that the spouses were married under the separation of property regime and that this regime was not modified at the time of death.

5. What else needs to be done? Who do you need to inform?

If necessary, you will also need to inform the following organisations of the death:
• The employer;
• Pension institutions;
• The auxiliary payment fund for unemployment benefits;
• The mutual insurance company;
• The landlord (lease guarantee to be closed, transferred, or otherwise);
• The rest home (guarantee pledged, retirement home contract to be closed);
• Insurance companies;
• The family allowance fund;
• The post office if you want to have any correspondence transferred to your address;
• Service companies for telephone, gas, water, electricity, cable TV, magazine subscriptions, newspapers, etc.;
• The vehicle registration authority (DIV).

6. Is it possible to grant a power of attorney?

Yes, it is possible to have a representative for all administrative procedures with the bank.

Where/How can I grant a power of attorney?
• At your branch (they can provide a document to be filled out and signed with the different parties);
• With a notary;
• With a private signature by having your signatures legalised at the municipality.

What are the conditions for a power of attorney to be accepted by the bank?

For the power of attorney to be accepted by the bank, it must:

• Be produced in original or sent to the bank by a notary;
• Have clear and precise content;
• Be signed and dated by all parties, with signatures legalised (municipality, notary, branch, etc.).

7. What is the processing time for a file? When does the liquidation take place?

The processing of a file involves the intervention of several parties and several stages. The bank will need to make a tax declaration, then wait for the receipt of certain required documents. Once all documents are in its possession, the bank will be able to contact the heirs to collect liquidation instructions.

The processing time is approximately 4 months for 70% of files.

The processing time depends on several external factors:

• The delay in producing the required documents by the heirs;
• The response time of the notary/lawyer;
• The notification of tax, non-tax or social debts owed by the deceased or one of the heirs.

BILLS/EXPENSES/COSTS

1. While waiting for the unblocking of assets, which bills can I pay?

As long as the account balance is sufficient and subject to certain conditions, certain bills can be paid even if the account is blocked.

Here is the list of bills that the bank can pay directly to creditors:
• Funeral expenses: concession, obituaries, flowers, funeral meal. (Note a few exceptions: expenses incurred for the mourning clothes of the family and staff of the deceased, religious services after burial, tomb, funeral monument are not accepted).
• Bills for the last illness over a period of up to 1 year before death.
• Bills related to the last address of residence (gas, water, electricity, rent, heating oil, fire insurance, mortgage) or bills related to the rest home if the deceased was a resident. The application period is up to 3 months before and 6 months after death.

2. Who can make the request?

The request must come from the surviving spouse or legal cohabitant, a child, a notary in charge of the estate, or an heir who has provided proof of their status.

LIQUIDATION

Once the required documents are produced, the bank can proceed with the liquidation of the estate's assets.

1. What happens to the deceased's accounts/assets?

The bank will liquidate the deceased's assets in accordance with the instructions of the heirs or the notary liquidator appointed by the heirs. There are several options:
• You can re-register the accounts in the name of the surviving spouse or close them definitively by transferring the balance to the heirs' accounts.
• You can transfer or sell any securities present.
• You can open a usufruct or naked ownership account if the property is subject to dismemberment (this is strongly recommended to avoid double taxation).

2. What happens if the deceased and/or spouse rented a safe deposit box?

The bank is legally required, in the event of a death, to declare all assets of the deceased and their spouse (regardless of the marital regime) to the Belgian tax authorities. There will therefore be an inventory of the safe deposit box before its contents are released. The opening will take place in the presence of the heirs and a possible delegate from the registration office.
Particularity: The presence of the heirs will not be required to open and inventory the safe deposit box of the surviving spouse married under the "separation of property" regime.
Note: If a will is discovered during the opening of the safe deposit box, it will be temporarily blocked pending a new inheritance certificate.

3. What happens if there is a disagreement among heirs regarding the distribution?

We must have the signature and therefore the agreement of all heirs to proceed with the liquidation of assets. In case of disagreement, it is possible for the heirs to request the appointment of a judicial liquidator notary from the Family Court.

4. How to liquidate the deceased's lease guarantee?

The lease guarantee account is opened in the name of the tenant. Upon the death of the latter, the intervention of the heirs and the landlord will be necessary for the refund of the deposited amount.
Note: If the heirs and the landlord are in disagreement about the release of the lease guarantee, they can turn to the justice of the peace who will decide.