This matter is regulated in the Netherlands in Article 4:182 of the Civil Code (Burgerlijk Wetboek).
Article 182 of the Civil Code reads:
The principle of seisin applies in the Netherlands, by which the heirs take over ipso jure the position of the deceased. Ownership of the assets and debts of the succession is transferred under universal title to the heirs who have accepted the succession.
In the case of legal division of the estate (wettelijke verdeling) if the deceased dies intestate, the surviving spouse/registered partner takes over all assets and debts and the descendants receive only a claim. The descendants are not liable for the debts from the succession. Only the surviving spouse/registered partner is liable for the debts if the legal division of the estate is applied.
The principle of seisin entails that no proprietary rights in rem or property rights derive from the succession as such. The estate does not constitute a separate asset in the Netherlands. No restraint applies as regards disposal of the assets of the estate and the estate cannot be attached. Attachment of the goods from the estate among the heirs is possible.
Since the estate itself is not a separate asset, recording in a register does not arise.
The Certificate of Succession or the European Certificate of Succession can be recorded in the land register, see Articles 27 and 27a of the Land Register Act (Kadasterwet). This enables the heirs to make it known that the owner has died and ownership has been transferred to them under universal title. However, registration is not a constitutive requirement. Without registration, ownership is also transferred ipso jure. If the heirs then divide the assets from the estate, a delivery is required. This then constitutes a transfer under particular title. The division is regulated under Article 3:186 of the Civil Code.
Article 186 of the Civil Code reads:
For formal delivery of immovable property or limited rights on this property, Article 3:89 of the Civil Code provides for a notarial deed to be drawn up and recorded in the public registers.
Article 89 of the Civil Code reads:
Please see reply above.
No, no specific rules apply in the Civil Code or the Land Registry Act.
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