Identification and location of heirs
Due to socio-political and economic factors, family structures have evolved significantly in recent years. An increasing number of divorces, more single parents, and newly blended families—traditional family structures are gradually disappearing, giving way to new forms of cohabitation. Additionally, migration flows have resulted in geographically dispersed families.
As a result, the passing of a family member often leads to complex inheritance cases. In such situations, probate research becomes essential for notaries and lawyers to facilitate the liquidation and distribution of the estate.
To address this complex social reality, legal professionals increasingly rely on the expertise of probate genealogists. They are entrusted with locating blood relatives, legatees, and estate beneficiaries both in Belgium and abroad.
Who has the right to Inherit?
And who is the rightful heir ?
After a person’s passing, their heirs are legally entitled to inherit. Heirs are determined by law, according to the rules of legal succession, or by the testator through a will. Once an heir accepts the inheritance, they officially become an heir. However, identifying the rightful heir is not always straightforward.
- a person dies without children and "ab intestate" (without a will); no heirs have been identified
- there is uncertainty about the completeness of the known heirs.
- one or more heirs have been identified but cannot be located
- there is reason to believe that other heirs exist.
In all these situations, a probate genealogist can provide the necessary support.
Certificate of inheritance
The certificate of inheritance lists the legal heirs in the absence of a will, following the order of succession established by the Civil Code. Probate genealogists are commissioned by notaries and lawyers to verify the succession. This verification is crucial to confirm the degree of kinship, ensure the heirs' rights, and determine their rightful place in the succession order.
In most cases, a notary or lawyer can accurately identify and determine the number and degree of kinship of the heirs in an estate. They rely on information from the Belgian National Register as well as on official documents provided by known heirs (such as marriage certificates, civil status records, etc.).
However, notaries or lawyers may encounter uncertainties: the Belgian National Register may contain inconsistent or incomplete information, heirs may be widely dispersed, and so forth. In such cases, they seek the expertise of a professional genealogist to conduct probate research. This allows the notary or lawyer to establish the certificate of inheritance with certainty. This notarized document is essential for the subsequent settlement of the estate.
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