Title 2
in forceOf procedures concerning an estate or a community
Section 1
Of the sealing
Assets belonging to an estate or a community to which Section 2 of Title 7 of Book 3 of the Civil Code applies may be sealed with the leave of the…
Articles 444, 444a and 444b, paragraphs 2 and 3, shall apply mutatis mutandis.
Leave to seal may be petitioned for:
If, in the case of an estate, one of the persons referred to in Article 660, paragraph 1, under 1°, is absent or incapacitated, and has no legal…
The sealing must be evidenced by a proces-verbaal, which shall contain:
If, during the sealing, books or papers are found, they may be opened by the notary. If they may be of importance to the estate or the community or…
The notary may, at the request and at the expense of either party, cause the objects, books and papers, as well as the place where they were found…
If no movable property belonging to the estate or the community of property is found that is of sufficient importance, this shall be stated in the…
Section 2
Of unsealing
The persons referred to in Article 660 under 1° and 3° under a may petition the subdistrict court judge (kantonrechter) who granted leave for the…
The persons referred to in Article 660 under 1° and 3° under (a) and the person who has instigated the sealing shall be summoned to be heard on the…
The removal of seals shall be performed by the notary designated in the leave for the removal of seals.
The persons referred to in Article 660 under 1° and 3° under (a) and the person who has requested the sealing shall be notified by the notary of the…
The official record of the unsealing must contain:
Section 3
Of inventory of the estate
If all parties agree thereto and have the free administration of their property, a prescribed inventory of the estate may take place by a private…
The subdistrict court judge of the district court of the district in which the estate is located in its entirety or for a large part, may, upon the…
If the notary deems it necessary to personally inspect the items to be described, Articles 444, 444a and 444b, paragraphs 2 and 3, shall apply…
The inventory shall contain:
If the parties do not agree on the designation of the appraisers, they shall be appointed by the notary or, in the case of a private inventory of the…
Section 4
Of disputes in connection with sealing, unsealing and the description of the estate
Disputes arising in connection with a sealing, unsealing or the preparation of an inventory of an estate shall be brought in summary proceedings…
Section 5
Of the division of a community
The judgment whereby a claim for the division of a community is granted without the court reserving the determination of the division to itself…
If the notary is unable to reconcile the parties, he shall record this in a report (proces-verbaal), in which he shall, if so requested, state the…
If the parties do not reach agreement on the appointment of an expert to estimate the value of one or more of the assets to be divided, the…
If a claim for division, for ordering the manner of division, or for the determination of a division does not concern the entire community subject to…
Section A
Legal remedies against orders in proceedings concerning an estate
No other remedy than an appeal in cassation in the interest of the law shall be available against orders pursuant to:
An appeal to the court against the orders of the delegated judge (rechter-commissaris) pursuant to Section 3 of Title 6 of Book 4 of the Civil Code…