Clearing Out a Home After a Death: A Practical Guide

After the death of a loved one, there’s a lot to deal with. In addition to saying goodbye, there are also all sorts of practical matters to take care of, such as clearing out the home. This can be emotionally difficult and raises questions: Are you allowed to take anything yet? How much time do you have if it’s a rental property? How do you divide the household goods fairly?

In this guide, we outline the most important steps for Belgium.

1. Don't take anything yet until you know whether you'll accept the inheritance

This is the most important and least well-known pitfall. Anyone who removes, distributes, or sells items from the home may be deemed to have tacitly accepted the inheritance, including any debts. Transferring money from the deceased’s account or paying bills may also be considered acceptance.

Are you unsure whether there are any debts? If so, consult a notary first. You have three options:

• to accept the inheritance without reservation;
• accept the inheritance subject to the inventory of the estate: in that case, you will not be personally liable for the debts;
• reject the inheritance.

Read more about it at Notaris.be.

2. Renting a home? Pay attention to the lease term

Did the deceased rent a residence in Flanders alone? If so, according to the Flemish Residential Lease Decree, the lease automatically ends at the end of the second month following the death. This is different if the heirs indicate that they wish to continue the lease (more information).

• Rent is due for those two months, plus a fee equal to one month's rent. These amounts will be paid from the estate.
• If the property is still occupied after that period, the landlord may have a receiver appointed to vacate the property and sell the contents.
• Social housing units and rooms in assisted living facilities are subject to their own rules and deadlines. Be sure to ask about them right away. Need to vacate a room in an assisted living facility? Read how we go about it.

Combine this with Step 1: Consult with the notary about how you can vacate the home on time without tacitly accepting the inheritance.

3. First, look for documents and valuables

Before you send anything out the door, you should check for:

• the will and notarial documents;
• bank documents, insurance policies, and contracts;
• keys, ID card, and bank cards;
• photos, letters, and other mementos;
• jewelry, money, and valuable collections.

Have valuable items, such as art, antiques, or jewelry, appraised by a certified appraiser or an auction house. The notary can assist you with this.

4. Dividing Up the Household Goods

This is often a sensitive issue. Here are a few tips:

• Work together to make a list or a photo series of everything that has value, whether financial or emotional.
• Let everyone say what they'd like to keep.
• Do several people want the same thing? Take turns choosing, or draw lots.
• Put the agreements in writing.
• Are you unable to reach an agreement on your own? If so, a notary can assist with the division of assets.

5. Sell, donate, or dispose of

Even things that nobody wants to keep can be given a second life:

• Sales: through a secondhand marketplace, a buyer, or an auction house.
• Giving: at the Thrift Store or a social organization.
• Drains: Anything that is broken or unusable goes to the recycling center or is picked up.

Please note: Selling the property may also be considered acceptance of the inheritance. Therefore, do not do so until you have made that decision.

6. Have the property cleared out

If you don't want to or can't clear out the property yourself, a clearance company can take care of it for you. Here's how it works at JunkBrothers:

• We work discreetly and respectfully, even if you can't be there yourself. You can provide the key through a family member, the notary, or the landlord.
• We'll set aside and document whatever you want to keep, such as documents, photos, or jewelry.
• Reusable items are sent for reuse; the rest goes to certified processors.
• You will receive a report and a certificate of removal, which will be useful for the notary or the landlord.
• Is there a deadline set by the notary or the landlord? If so, we aim to complete the task within 24 to 48 hours.

Learn more about our eviction after death or check out our prices. Does the home still need a thorough cleaning afterward? That’s possible, too, with our cleaning service.