Clearing a house with several heirs: agreement, inventory and sharing

Updated on 1 November 2026 · 8 min read · by the team at Sparkling Services

When several heirs inherit one house, the clearance can only start once everyone agrees: who keeps what, who holds the keys, how keepsakes are shared and who pays. This guide explains, step by step, how brothers, sisters or cousins can organise themselves, what the notary does in Belgium, and how to stop the sorting from turning into a family dispute.

Why do you need every heir's agreement before clearing?

Until the estate is divided, the heirs own it jointly (in Belgian law, "indivision" or "onverdeeldheid"): the contents belong to all of them together, and no single heir may decide alone to clear, give away or throw out what is in the house. As Notaris.be puts it, a notary can only divide the assets of an estate when all parties agree.

In practice, an heir who has the house cleared without the others' consent is taking a risk. A co-heir could accuse them of disposing of shared property, sometimes of real value, and claim compensation. Even items that look worthless (old furniture, crockery, tools) legally form part of the estate.

There is a second, often overlooked issue: emptying the deceased's home can count as tacit acceptance of the inheritance. Notaris.be gives exactly this as an example of an act by which you may accept an estate without realising it. Accepting outright also means accepting any debts. If there is any doubt about debts, talk to the notary before anything leaves the house.

Accept, accept under benefit of inventory or renounce: decide before sorting

Each heir has three options: accept outright, accept under benefit of inventory, or renounce. Ideally, each heir makes this personal choice before anyone touches the contents of the house.

• Outright acceptance: express (in writing) or tacit, inferred from what you do. You receive the assets but are also liable for the debts, if necessary from your own pocket.
• Acceptance under benefit of inventory: the notary draws up an inventory of assets and liabilities, and creditors can only be paid from the estate itself. This is the cautious option when the debt position is unclear.
• Renunciation: you inherit nothing and pay nothing. It makes sense when debts clearly exceed assets.

Since 3 August 2017, renunciation and acceptance under benefit of inventory are declared before a notary of your choice rather than at the court registry. Notaris.be also advises deciding early: strictly speaking you have thirty years to renounce, but the time limits linked to the inventory are much shorter.

The practical consequence: if one heir is thinking of renouncing, they should neither take anything home nor organise the clearance. The heirs who accept can then decide together what happens to the contents.

Step 1: bring the heirs together and put the agreement in writing

The best protection against conflict is a written agreement, however simple, signed by every heir before the sorting starts. It does not replace the notary's deed of division, but it sets the ground rules for the contents of the house.

Hold a first meeting, on site or by video call if some heirs live abroad or far away. Agree on the following and write it down:

1. One coordinator: an heir (or a trusted third party) who keeps the keys, receives quotes and acts as the single point of contact.
2. Access to the house: who may go in, when, and on what terms (for example, never alone before the inventory).
3. The timetable: a deadline for family sorting and a date for the clearance, taking into account a sale, the end of a lease or the running costs.
4. How keepsakes will be shared (see below).
5. What happens to the rest: selling certain items, donating to charities, professional clearance.
6. How costs are split: paid by the estate or shared according to each heir's portion, as you agree.

Then send everyone a summary by email. Having it in writing prevents many "I never agreed to that" moments months later.

Step 2: draw up an inventory of the contents

A photographed, room-by-room inventory is the basis of any fair division: everyone can see what exists, and nobody has to suspect that something has gone missing.

If a notary is drawing up an official inventory (for instance for an acceptance under benefit of inventory or a court-ordered division), wait until it is finished before moving anything. Notaire.be explains that the notary's first task in a division is usually to list the assets, although heirs who all agree and have full legal capacity may waive it and list the assets themselves.

For a family inventory, work like this:

• photograph each room as a whole, then individual items (furniture, paintings, jewellery, collections, tools);
• number the items in a shared spreadsheet, with an "interested heir(s)" column;
• open drawers, wardrobes, the cellar and the loft: that is where documents and memories tend to be;
• have anything of potential real value (jewellery, art, watches, designer furniture) valued by an independent professional.

Personal papers (bank documents, contracts, invoices, photographs) are not shared out like objects: gather them in a single box handed to the coordinator or the notary.

Step 3: share keepsakes and valuables without falling out

Choose a sharing method before you start and apply it to everyone: it is the rule known in advance, more than the value of the items, that makes the outcome acceptable.

A few tried-and-tested tips: ask everyone to note their top three items privately before the meeting; keep valuables separate from keepsakes (a wedding photo is priceless, a gold watch has a price); and agree that anything unclaimed by the deadline goes to charity.

An heir who cannot attend can give another heir written authority to choose for them, or join the choosing rounds by video.

Step 4: organise the clearance once the sharing is done

The professional clearance comes last, once every heir has taken their share and all have confirmed in writing that the rest can go.

With Sparkling Services, it works like this:

1. Visit and quote: the visit is free and can be done with the coordinator alone; we then send a written fixed price that you can forward to all the heirs.
2. Heirs' approval: the coordinator accepts the quote on behalf of everyone once each heir has agreed.
3. Setting aside: during the clearance, our teams put aside any forgotten documents, photographs and personal items and hand them over to you.
4. Sorting, donation and recycling: reusable items are donated to social-economy organisations (for example Les Petits Riens, Oxfam, Terre or De Kringwinkel), depending on what they accept; the rest is sorted and sent to suitable processing channels.
5. Handover: the house is returned empty and broom-clean, usually within 1 to 3 days, with photos for heirs who could not be there.

At Sparkling Services, the value of reusable or resaleable items is set out in writing in the quote and deducted from the price: the clearance can be free, we can pay the difference to the estate, or you pay a fixed price. Every heir can check the calculation, so no one needs to suspect a side deal at the others' expense. The price depends on volume, access and the amount of sorting.

What if the heirs cannot agree?

If one heir blocks the division, the law provides for a court-ordered division: one heir summons the others before the court, which orders the division and appoints a notary-liquidator. According to Notaris.be it is the only way to force parties to accept a division, but the procedure takes a long time.

The steps: the appointed notary first draws up an inventory of the estate and records each heir's position. They then prepare a draft division and set a date on which the heirs approve or reject it. If anyone objects, the file goes back to the court, which issues a binding, final decision. The court-appointed notary stays neutral and does not meet one party alone without the others' consent.

Before it comes to that, try the intermediate options:

• The estate notary: they can bring the heirs together, explain everyone's rights and suggest compromises.
• Family mediation: an accredited mediator helps you reach an agreement, which can then be formalised.
• A partial division: agree on the contents first and leave the question of the property itself for later.

While a dispute is ongoing, clear nothing. Lock the house, switch off what you can and limit access to what is strictly necessary (insurance, maintenance).

The notary's role and points to watch in Belgium

In Belgium, the notary is at the heart of an estate with several heirs: they advise on acceptance, can prepare the inheritance tax return and draw up the deed of division whenever real estate is involved.

If all the heirs agree, they can divide the deceased's assets as they wish; but as soon as a house or land is involved, the division must go through a notarial deed. The notary also cannot pay out shares to some heirs while another heir objects.

Practical points to remember:

• the inheritance tax return must in principle be filed within four months of a death in Belgium; the clearance need not wait for it, but the inventory should be done first;
• inheritance tax is a regional matter: Flanders, Brussels and Wallonia each apply their own rates and rules;
• if the house is sold, the buyer usually expects it to be empty when the deed is signed: plan the clearance date around the notary's date;
• keep the clearance and cleaning invoices: they will be useful when the heirs settle accounts between themselves.

If some heirs live abroad, everything above can be done remotely: video calls for the meetings, a shared spreadsheet for the inventory, and photos at handover.

Frequently asked questions

Official sources

• Notaire.be – Joint ownership or division of an estate? (FR)
• Notaris.be – Must all heirs agree to a division? (NL)
• Notaris.be – Do I have to accept an inheritance? (NL)
• Notaris.be – Court-ordered liquidation and division of an estate (NL)