The death of a loved one brings many emotions. In addition to grieving, practical matters must also be arranged, including the home of the deceased tenant. But who is actually entitled to access to the home and what are the obligations responsibilities of the heirs and possible tenants? In this article we discuss the most important issues surrounding access to the home after death and share the questions we answer ZSM House Clearance get the most.
Inheritance law and inheritance
It is important to know that inheritance law automatically comes into effect upon death. This means that all assets and debts of the deceased are combined into the estate. The heirs are then responsible for settling this. If the deceased has made a will, the heirs are recorded in it. If there is no will, the legal division applies.
Beneficial acceptance and pure acceptance
When accepting the inheritance, heirs have two choices: beneficiary or pure acceptance. With beneficiary acceptance, the heirs are not responsible for any debt from the estate that exceeds the assets. In the event of pure acceptance, the heirs are fully responsible for the debt arising from the estate. It is therefore important to think carefully about this choice and, if necessary, seek advice.
Rented property and rental agreement
If the deceased was a tenant of a home, then there is a rental agreement. If the tenant dies, the rental agreement does not end. The heirs are responsible for terminating the lease and the correct one delivery of the house. They must take into account a notice period of at least one and a maximum of three months and the obligation to correctly hand over the home.
Access to the house
In principle, the heirs have the right to access the deceased's home. However, if there is a rental agreement, the heirs have no right of access to the home as long as the rental agreement is still in effect. In this case, it is important to contact the landlord and cancel the rental agreement. If there is no rental agreement, the heirs have direct access to the home.
Valuables
If heirs have access to the home, they also have access to the deceased's belongings. It is important to pay attention to valuables, such as jewelry, art and antiques. These items can be of great emotional or financial value. It is important to handle this carefully and, if necessary, engage an appraiser.
Beneficial acceptance of the inheritance
If heirs have doubts about the size of the debts from the estate, they can opt for beneficiary acceptance. They are not liable for any debt from the estate that exceeds the assets. This can be especially important if the deceased was known to be a defaulter or if there is uncertainty about the extent of the debts.
Will and declaration of inheritance
If heirs accept the inheritance, they must record this in a deed drawn up by a notary. This can be a declaration of inheritance or a deed of beneficial acceptance. If there is a will, this will must also be submitted to the notary. This contains the wishes of the deceased regarding the distribution of the estate.
Evacuation of the home
If the lease ends or if the heirs simply accept it and the house must be delivered empty, the house must be vacated. All personal belongings must be removed and the home must be cleaned. If heirs do not have the time or ability to do this themselves, they can call in a professional eviction company.
Request a free quote
Would you like to know what the costs are? emptying a house after death? Then request a free quote. This is completely without obligation and you are not committed to anything. By requesting a quote you will get a better idea of the costs and services we can offer you.
Do you have any questions or would you like advice before requesting a quote? Then you can always call us on 070-2116102. You can also send us an email at: info@zsm-woningontruiming.nl. We will then respond to your enquiry as soon as possible.
Help Center
As an heir, do I have to continue the lease or can I terminate it?
As an heir, you are responsible for terminating the deceased's lease. This is possible subject to a notice period of at least one and a maximum of three months.
Can I, as an heir, gain access to the deceased's home if a lease agreement is still in effect?
No, as an heir you are not entitled to access to the home as long as the lease agreement is still in effect. In this case, the rental agreement must first be terminated.
As an heir, am I liable for the debts from the deceased's estate?
As an heir, you are in principle liable for the debts from the estate if you simply accept. With beneficial acceptance you are not liable for this.
What happens to the deceased's valuable items?
As an heir, you are entitled to the deceased's assets. It is important to handle this carefully and, if necessary, engage an appraiser.
As an heir, do I have to clear the house myself or can I call in a professional to do this?
As an heir, you are responsible for clearing the house. However, you can hire a professional evacuator for this if you do not have the time or options to do this yourself.
