A certificate of inheritance (verklaring van erfrecht) in Curaçao is issued by a notary. After verifying all necessary information, the notary officially states:

• Who has passed away
• Whether the deceased left a will
• What the will contains
• Who the legal heirs are
• And, if applicable, which heir has been authorized by the others to handle the settlement of the estate

This document is often essential when dealing with the financial and legal affairs of a deceased person.

When Do You Need a Certificate of Inheritance?

When someone dies, a bank may block all bank accounts held in the name of the deceased.
If the heirs wish to use the account—for example, to pay bills or handle expenses—they must provide a certificate of inheritance.

Once the certificate is submitted, the bank can grant the heirs access again. At that point, the account is often referred to as an “estate account.”

Many institutions also require a certificate of inheritance before taking any action.

💡 Important:
If neither the bank nor any other institution requests a certificate, then obtaining one is not mandatory.

Cases Where a Certificate of Inheritance Is Not Required

In 2012, the government and the Dutch Banking Association agreed that a certificate of inheritance is unnecessary in specific standard situations. The requirements are:

• There is a surviving spouse or registered partner (with or without children)
• The deceased did not leave a will
• The total balance of all the deceased’s bank accounts is less than NAF 100,000

Signing a Bank Declaration Instead of a Certificate

If the above conditions are met, the surviving spouse or partner must sign a special declaration at the bank instead of obtaining a certificate of inheritance.

This declaration protects the bank from any legal or tax consequences when releasing the funds.
Responsibility for the release of the accounts then lies entirely with the surviving spouse or partner.

⚠️ However:
If the estate has more debts than assets, this signed declaration offers no protection.
A certificate of inheritance does offer protection because heirs can choose to accept the estate beneficially (beneficiair aanvaarden), limiting personal liability.

Important Note: Can Banks in Curaçao Block a Joint Account (And/Or Account)?

No, they cannot.

Banks are not allowed to block a joint “and/or” account when one account holder dies.
A certificate of inheritance is only required if the heirs want to change the account’s name.

What Does a Certificate of Inheritance Cost?

In Curaçao, notarial fees for the most common deeds are set by the Joint Court of Justice.
All notarial fees are subject to:

• 8.5% office and administrative costs, and
• 6% turnover tax (OB)

Fixed fees apply to certain deeds, such as:

• Mortgage deeds
• Transfer of real estate
• Auctions

There are minimum fees for:

• Settlement of estates
• Division of assets after divorce
• Incorporation of public limited companies (N.V.) and foundations
• Prenuptial agreements
• Wills

Additionally, each deed and attachment must include NAF 10 in stamps per A4 page, which is not subject to turnover tax.

More information about notarial fees in Curaçao can be found here (insert link).

Written by Adriaan Smit

For more information, feel free to contact me:

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📲 +599 9 686 2994