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What the law says in Belgium

9 rules

Declaring the death at the commune

The death is declared to the civil registrar of the commune where it happened, which the funeral company can do for you, and that commune gives the burial permit (free in Brussels and Wallonia; ask about any fee in Flanders). In Brussels, two adults declare the death (one can be the funeral company), bringing the deceased’s ID card and marriage record if there is one. be.brussels, Formalités de décès; Decreet begraafplaatsen en lijkbezorging (Vlaanderen), art. 15bis; CDLD (Wallonie), art. L1232-17bis

Violent or suspicious deaths and the prosecutor

If there are signs of a violent or suspicious death, the public prosecutor takes charge. In Flanders the burial permit is given only after the prosecutor says they do not object; in Brussels the prosecutor carries out further investigations such as an autopsy. We have not confirmed whether a family can refuse an autopsy. Decreet begraafplaatsen en lijkbezorging, art. 15bis; Ordonnance bruxelloise du 29 novembre 2018, art. 29

Burial permit, timing and repatriation

In Flanders the burial permit cannot be given until 24 hours after the request, except in cases set by the commune’s police regulations. In Brussels a wait of 24 hours after the doctor confirms the death must be respected. We have not confirmed the time limits in Wallonia, so ask the commune. Decreet begraafplaatsen en lijkbezorging, art. 15bis; be.brussels, Formalités de décès

Burial permit, timing and repatriation

For burial in Türkiye, a Strasbourg Agreement country, the coffin must be sealed, for example with a soldered zinc inner coffin. For Morocco, which is not on the Walloon government’s list of Strasbourg countries, that page says the body goes in a soldered metal coffin inside a wooden one. Contact the airline first and the consulate early. Wallonie, S’informer sur le rapatriement d’une dépouille mortelle

Burial, Muslim plots and graves

Flanders and Brussels allow the body to be placed in a coffin or another burial cover, and Flemish rules refer to burial in a shroud. Wallonia requires a coffin, and from 1 November 2026 also allows a sealed burial envelope that meets strict technical rules. In Brussels every cemetery must have a plot for religious rites unless there is no space; in Wallonia a commune may create one. Decreet begraafplaatsen en lijkbezorging, art. 11; Besluit Vlaamse Regering begraafplaatsen, art. 30; Ordonnance bruxelloise, art. 3 and 14; CDLD, art. L1232-2 and L1232-13; Arrêté du Gouvernement wallon du 28 août 2025

Burial, Muslim plots and graves

A grave without a concession is kept at least 10 years in Flanders and at least 5 years in Brussels and Wallonia. In Flanders and Brussels a concession lasts at most 50 years and can be renewed; it ends if no one asks to renew it. Decreet begraafplaatsen en lijkbezorging, art. 7 and 18; Ordonnance bruxelloise, art. 9 and 25; CDLD, art. L1232-21

The notary and the estate

Banks unblock accounts with a certificate or deed of inheritance naming the heirs. In some cases the certificate can come from a notary or from the Federal Public Service Finance; with a marriage contract, a will or an heir under 18, a notary’s deed is needed. Notaris.be, De rol van de notaris bij erfenissen en de aangifte van nalatenschap

Small estates

We have not confirmed a small-estate rule on an official page. Ask the bank what it needs to unblock the accounts, and whether a certificate from the Federal Public Service Finance is enough. Notaris.be, De rol van de notaris bij erfenissen en de aangifte van nalatenschap

Benefits and help with costs

Under certain conditions, Belgian social security may help with funeral costs after a work accident, and whoever paid for the funeral of a retired civil servant may get a funeral allowance. A surviving husband or wife may get a survivor’s pension or a transition payment, under conditions. If the deceased was without means (indigent), the commune pays the funeral costs (in Wallonia and Brussels, the civil costs only); ask the commune what it covers first. Socialsecurity.be, Een overlijden in de familie; Decreet begraafplaatsen en lijkbezorging, art. 14; CDLD, art. L1232-16; Ordonnance bruxelloise, art. 17

From official sources, checked October 2026. Laws change; your funeral company and a notary can confirm them.

Where you are

Burial law in Belgium is made by each region: Flanders, Brussels-Capital and Wallonia. This guide gives the regional rules we could verify on official pages and says which region each applies to. Cemeteries are run by the communes, so ask your commune (gemeente) or funeral company for the rules where the burial will be.

The steps

1. 1

   Have the death confirmed

   In the first hour · 0 of 4

   A doctor has to confirm the death and write the death certificate, which also says whether the cause was natural. You need it to declare the death and get the burial permit.

   • In a hospital or care home, ask the staff to confirm the death
   • At home, call the family doctor
   • If the death may be violent, such as an accident or a suicide, call 112
   • Tell the staff early that the family needs a quick burial for religious reasons
2. and

   Close the eyes, cover the body, make duʿā

   In the first hour · at the same time as the step above · 0 of 4

   Gently and without hurry. Those present can do this while the calls are made.

   • Close the eyes and the mouth
   • Straighten the arms and legs
   • Cover the body with a clean sheet
   • Pray for them, and say only good
3. 2

   Call the mosque’s funeral service

   In the first few hours · 0 of 4

   Many mosques, Muslim associations and Muslim funeral companies help with the washing, the shroud, the prayer and the burial or the flight home. Some families belong to a mosque funeral fund: call it first.

   • Call the mosque, the imam or a Muslim funeral company
   • If the deceased paid into a funeral fund, call the fund before anything else
   • Tell them where the body is and who the next of kin is
   • Agree a time for the ghusl and the janazah prayer
4. 3

   Ask whether the prosecutor is involvedPaperwork

   If the death was sudden or violent · 0 of 4

   If there are signs of a violent or suspicious death, the public prosecutor (procureur des Konings, procureur du Roi) takes charge. In Flanders the burial permit is then given only after the prosecutor says they do not object.

   • Ask the police or the doctor whether the prosecutor is involved
   • Ask the prosecutor’s office, early, to release the body quickly for religious reasons
   • Ask whether an autopsy is planned
   • Ask the funeral company to keep in touch with the prosecutor’s office
5. 4

   Declare the death at the communePaperwork

   As soon as possible · 0 of 4

   The death is declared to the civil registrar of the commune (gemeente) where it happened. The funeral company can do this for you. The commune then gives the burial permit.

   • Let the funeral company declare the death, or go yourself
   • Take the doctor’s certificate and the deceased’s ID card
   • Bring any written last wishes the deceased left
   • Fix the date of the burial with the commune
6. 5

   Choose the funeral company and the gravePaperwork

   Within the first day · 0 of 4

   You are free to choose the funeral company. It collects the body, arranges the washing place and handles most of the paperwork. Whether you can bury in a shroud without a coffin depends on the region.

   • Ask the funeral company where the ghusl can be done
   • Ask the commune whether its cemetery has a Muslim plot
   • Ask the cemetery whether it accepts burial in a shroud
   • Ask how long the grave lasts and whether you can take a concession
7. and

   Wash and shroud the body

   Within the first day · at the same time as the step above · 0 of 2

   Done by trained Muslims of the same sex, or by the spouse. The funeral service usually provides the cloth.

   • Confirm who will wash
   • Confirm the kafan is ready

   How the washing and shroud are done

8. 6

   The janazah prayer and the burial

   As soon as possible · 0 of 3

   The prayer is often held after one of the daily prayers, and the burial follows straight after.

   • Tell family and community the time of the prayer
   • Confirm the grave in a Muslim plot
   • Ask the commune the earliest time the burial can take place

   How to pray the janazah prayer

9. and

   If the burial will be abroadPaperwork

   Before the coffin is closed · at the same time as the step above · 0 of 4

   Many families bury their dead in another country, for example in Morocco or Türkiye. Ask the funeral company which papers it arranges and which the family must get. The estate usually pays, or the family if there is no money in it, unless a fund or insurance covers it. Ask the funeral company what it costs and who signs before you agree.

   • Tell the funeral company early that the burial will be abroad
   • Call the consulate of the country early: it sets its own documents and conditions
   • Call any mosque funeral fund before arranging anything yourself
   • Check that the airline and the destination country will accept the body
10. 7

    Get copies of the death recordPaperwork

    In the first week · 0 of 2

    Banks, insurers and pension funds may want a copy of the death record. The pension service is told automatically once the death is declared at the commune.

    • Ask the commune where the death happened for copies
    • Ask each organisation whether it needs one
11. 8

    Pay the funeral costs and list every debt

    In the first weeks · 0 of 4

    The funeral is paid from the estate first, then the debts. Nothing is inherited until both are settled.

    • Pay the funeral costs from the estate
    • List loans, bills and money owed to family
    • Ask a scholar about any unpaid zakat
    • Ask a notary before accepting an estate that may have debts
12. and

    Find the will, and claim any benefitsPaperwork

    In the first weeks · at the same time as the step above · 0 of 4

    A notary, a public legal officer, usually settles the estate. Belgian social security helps with funeral costs only in some cases.

    • Check papers at home, email, and with any notary
    • If the death followed a work accident, ask about the allowance for funeral costs
    • If the deceased was a retired civil servant, ask the Federal Pension Service about the funeral allowance
    • Secure the house and car, and keep the phone line active for sign-in codes
13. 9

    Settle and divide the estatePaperwork

    In the months after · 0 of 4

    Banks unblock the accounts with a certificate (attest van erfopvolging, certificat d’hérédité) or a deed (akte van erfopvolging, acte d’hérédité) of inheritance that names the heirs. Belgian inheritance law may not follow the Islamic shares, so ask a notary early how the heirs can divide by them.

    • Ask the bank what it needs to unblock the accounts
    • See a notary if there is a will, a marriage contract, a child under 18 or any home or land
    • Pay any bequest, up to one third, to people who are not heirs
    • Divide the rest by the fixed shares

    See how the estate divides

14. 10

    Look after the family

    Four months and ten days · 0 of 3

    A woman keeps the prescribed mourning (iḥdād: setting aside adornment and perfume) for no more than three days for any death, except for her husband: then four months and ten days, the length of her ʿiddah, or until she gives birth if she is pregnant.

    • Bring food and help with the household
    • Help the widow with errands and appointments
    • Make duʿā for the one who has died

    What to say and do when you visit

15. 11

    Write your own Islamic will

    For those left behind · 0 of 3

    Without a valid will, Belgian law decides who inherits, not the fixed shares. An Islamic will in Belgium is an ordinary Belgian will that directs the estate by the shares as far as the law allows. A notary can tell you how.

    • Ask a notary how to make a valid will in Belgium
    • Take the Islamic shares to the notary
    • Ask the notary how Belgian law protects children and a husband or wife, and how that affects the Islamic shares

    Work out the Islamic shares to take to a notary

Settling things after the funeral? Keep track of every task, and who is doing it. Sharing the steps with family? Make a family checklist you send as a link.

General guidance, not a fatwa or legal advice. Burial law in Belgium is made by each of its three regions, Flanders, Brussels-Capital and Wallonia, so time limits, coffin rules and Muslim plots differ by region; your funeral company and a notary can confirm them. All sources

Last reviewed October 2026. Something wrong? Tell us