We would like to use cookies.

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

Different cookie preferences

Cookie declaration

i Cookies are small text files that can be used by websites to make a user's experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission. This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages. You can at any time change or withdraw your consent from the Cookie Declaration on our website.

Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy. Please state your consent ID and date when you contact us regarding your consent.

Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

Name Provider Purpose Expiry Type
cookieConsent SILK Advocaten & Mediators B.V. Stores the user's cookie consent state for the current domain. 31 days HTML

Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

We do not use these kind of cookies

Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

Name Provider Purpose Expiry Type
_ga Google The _ga cookie from Google Analytics records a unique ID for our web visitors that is used to generate statistical data about how the visitor uses the website. We have set our Google Analytics cookies as privacy-friendly as possible. This cookie collects information such as: the number of visitors to the website, where visitors come from and the pages they have visited. Maximum 2 years HTTP
_gid Google Used to distinguish users. 24 hours HTTP
_gcl_au Google Used to store and track conversions. 24 hours HTTP
_gcl_au Google Used to throttle request rate. 1 minute HTTP

Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers.

We do not use these kind of cookies

Callback request T +31(0)20 670 65 60 info@silkadvocaten.nl
NL / EN

Blog.

Should an executor inform me as an heir about the settlement of the estate?

reading time 3 minutes published on 05 September 2022

In many Dutch wills, the testator has appointed an executor (also known as executor testamentary) whose task is to settle the estate. If you are an heir in such an estate, you will have to deal with this executor. In the blog below, I will explain what duties the executor has under Dutch law, what the relationship between the executor and heirs is, what information an executor is required to provide to the heirs, and what you can do if this does not happen.

What are the executor’s duties?

The executor’s job is to manage the estate. Part of that is mapping out the estate with what is called an estate description. This is a description of all assets and debts of the testator as of the date of death. 

The executor must ensure that all debts of the estate are paid. In doing so, the executor has the authority to liquidate assets of the estate. This may include the selling of household effects, the house itself or other property of the testator. 

When disposing of goods, the executor will consult with the heirs as much as possible about which goods should be sold and in what way. This is except in cases where the testator has stipulated in the will that the executor does not have to consult. If, as an heir, you object to the monetization of a particular asset, you can ask the district judge to give ruling on the matter.

At the end of the administration of the estate, the executor must provide a written final accountability to the heirs. After termination of the executor’s task, the estate can be divided among the heirs and you as heir will receive your share of the estate.

What may I do as an heir if there is an executor?

When an executor has been appointed by the testator and he/she has accepted the appointment, the executor is considered the administrator of the estate. In doing so, the executor represents the heirs in and out of court. This means that heirs may not dispose of goods of the estate or act in behalf of the estate without the cooperation of the executor or the authorization of the district judge. 

In short, as an heir you may not simply dispose of parts of the estate yourself. The presence of an executor therefore hinders the heirs in their actions regarding the estate. In many cases you can go to court if you have a dispute with the executor about the administration of the estate.

What information must an executor give me as an heir?

An executor is legally obliged to give an heir all the information he/she wants concerning the execution of his task. This means that an executor will have to give you the underlying documents for the inventory of the estate. In this way, as an heir, you will be able to verify the executor’s management of the estate.

What to do if the executor does not inform me?

If an executor does not provide you with information, the first step will be to remind the executor (with or without the help of a lawyer) in writing of his/her duty to provide the heirs with all the information they require.

If the executor then still fails to disclose information, you can go to court and force the executor to provide you with information, for example under penalty of a fine. In an extreme case, you as heir can ask the court to dismiss the executor.

Personalized advice

Are you an heir in an estate and would you like receive advice or guidance on contacting the executor of the estate? Or are you an executor and wondering what information you are obliged to provide to a heir? If so, please contact me to discuss what I can do for you.

Do you have a question or remark you would like to share with us? Leave a message.