The Probate Affidavit is a crucial document in Belgian estate administration, required when heirs need to prove their inheritance rights and facilitate the transfer of assets from a deceased person's estate. This document is particularly important in Belgium's civil law system, where formal documentation is necessary for heirs to access and manage the deceased's assets. The affidavit must comply with the Belgian Civil Code, regional inheritance tax regulations, and forced heirship provisions. It contains detailed information about the deceased, their assets, liabilities, and legal heirs, and is typically prepared with the assistance of a notary. The document is used by financial institutions, government authorities, and other entities to verify inheritance rights and process asset transfers.
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1. Identification of Declarant(s): Details of the person(s) making the affidavit, including full legal name, address, and relationship to the deceased
2. Deceased's Information: Full details of the deceased person, including legal name, last address, date and place of death, and marital status at time of death
3. Legal Basis: Citation of relevant Belgian laws and legal basis for the affidavit
4. Facts of Death: Circumstances of death, whether a will exists, and confirmation of death certificate
5. Inheritance Rights: Statement of legal heirs according to Belgian law, including forced heirship provisions if applicable
6. Estate Details: Comprehensive list of the deceased's assets and liabilities within Belgium
7. Tax Status: Declaration regarding inheritance tax status and regional tax obligations
8. Declarations: Formal statements of truth and accuracy of the information provided
9. Execution: Signature block, notarization requirements, and date of execution
1. Foreign Assets: Section detailing any assets located outside Belgium, required when deceased owned foreign property
2. Will Details: Detailed section about the will's contents and validity, required when deceased left a valid will
3. Prior Marriages: Information about previous marriages and divorces, required when deceased had prior marriages
4. Business Interests: Details of any business ownership or shares, required when deceased had business interests
5. Trust Interests: Information about any trust arrangements, required when deceased was involved in trusts
1. Schedule A - Asset Inventory: Detailed listing of all assets including bank accounts, real estate, and personal property
2. Schedule B - Liability Schedule: List of all outstanding debts and liabilities of the deceased
3. Schedule C - Family Tree: Genealogical chart showing relationship of heirs to the deceased
4. Schedule D - Supporting Documents: List of attached documents including death certificate, will (if any), and marriage certificate
5. Schedule E - Tax Calculations: Detailed calculations of inheritance tax obligations by region
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