The executor can decide when to execute the will, how can we speed this up?


Questioner

Dear Reader, My sister passed away. As a family (only living brother and sister) we have inquired with the notary about the contents of her will. Due to the privacy law, we did not receive the information we wanted and we could not transfer matters concerning the aftermath. What do we want? As a family, we want to refuse the inheritance, as my sister has incurred debts and transfer the affairs to the executor in the will and close the estate. What do we know? 1 There is an executor, but for privacy reasons we do not know who that is. 2 Because the notary does not provide any further information, but does inform us that the executor can decide for himself/herself whether he/she accepts this role and when he/she will execute the will, we as a family are in a stalemate. The questions for you, Legal Aid Clinic; 1 What can we do to break this stalemate, as this situation may continue for a long time and we cannot close the gap in the aftermath of my sister's death? 2. If your answer to question 1 is simply to wait and see, how can we prevent creditors from coming to the family to complain after 3 months? 3. Is there no law and/or supervisor that monitors this procedure, so that it does not take too long and the company loses extra money? (for example, by continuing the rent of the house, which is not currently occupied by the deceased!) Thank you in advance for your answers. Yours sincerely

Lawyer

Ir/Madam, The notary must check who the heirs are. The notary will then approach the heirs with the question whether or not they wish to accept the inheritance. An executor appointed by will will also be asked whether he accepts his appointment. The notary has an active role in informing interested parties. The notary must check who the heirs are. The notary will then approach the heirs with the question whether or not they wish to accept the inheritance. An executor appointed by will will also be asked whether he accepts his appointment. The notary has an active role in informing interested parties. A notary must exercise his office independently and must serve the interests of all parties involved in the legal transaction impartially and with the greatest possible care. The notary has a duty to provide information as part of the duty of care incumbent on him. I advise you to ask the notary (this can also be another notary) for a certificate of inheritance. Costs are due for this. The notary who issues a certificate of inheritance must write to the heir he has determined and inform him. This is in order to inform the heir about his legal position and thus also about the position of other interested parties such as a disinherited child or a legatee, whereby one can think in particular of the (will) rights that can be invoked or relevant terms. You can accept, reject or accept the inheritance under benefit of inventory. In the Netherlands, beneficiary acceptance or acceptance under benefit of inventory of an inheritance means acceptance with liability for debts only to the extent that there are assets in the inheritance. You do not have to pay the deceased's debts from your own money if you accept the inheritance under benefit of inventory. You can accept under benefit of inventory by having your declaration registered in the estate register at the court that belongs to the last place of residence of the deceased. You will have to pay costs for this. Are there multiple heirs? Then you can have the declaration registered at the same time. You will then only pay these costs once. If desired, I will be happy to represent your interests and those of the other heirs. Do you have any questions? Please feel free to ask. Yours sincerely,

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