Yes. Since 2022 an acte d’hérédité immobilier is mandatory to register the transfer of inherited real estate to the heirs before it can be sold. It is drawn up by a notary, and registration is free within six months of the death (Notaire.be, 2026).
Belgian buyers, and their banks, need proof that the sellers actually own what they are selling. When a property comes from an estate, that proof is the acte d’hérédité immobilier, a real estate inheritance deed introduced as a requirement in 2022. It records, in the official registers, that ownership has moved from the deceased to the named heirs. Without it, the transfer to the heirs is not published, and the onward sale cannot be validly completed.
It is worth separating two documents that share a similar name. The acte or attestation d’hérédité used to unblock the deceased’s bank accounts is a different instrument from the acte d’hérédité immobilier that concerns real estate. A bank certificate does not satisfy the property requirement. The counter-intuitive detail many families miss: even when everyone knows perfectly well who the heirs are, the immovable deed is still legally required to move the walls, because publicity in the registers, not private certainty, is what protects a future buyer.
Timing carries a real cost saving. Registration of the acte d’hérédité immobilier is free if carried out within six months of the death; miss that window and standard registration fees apply (Notaire.be, 2026). One useful nuance: if the deceased only held a usufruct that simply extinguishes on death, the bare owners do not need an acte d’hérédité immobilier, because no ownership is being transferred to them (Notaire.be, 2026). Your notary will confirm which situation applies.
In practice the deed is prepared in parallel with marketing the property, so it does not have to delay the sale. Heirs can list, receive offers and sign a preliminary agreement while the notary finalises the inheritance deed, with completion timed once ownership is properly recorded.
At a glance
- The acte d’hérédité immobilier is mandatory since 2022 to sell inherited real estate (Notaire.be, 2026).
- It registers the transfer of ownership from the deceased to the heirs.
- It is prepared by a notary, not by the heirs themselves.
- Registration is free within six months of death, then standard fees apply.
- It is distinct from the bank certificate used to release the deceased’s accounts.
- Not required where the deceased held only a usufruct that extinguishes on death.
- It can be prepared while the property is being marketed, avoiding delay.