Inheritance settlement after death - What you need to know

When a loved one passes away, survivors face both emotional challenges and practical tasks related to the settlement of the estate. It is important to have an overview of the process to ensure a fair and efficient distribution of the deceased's assets.

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1. First steps after death

After a death, a death certificate is issued by the attending physician or hospital. This certificate is sent electronically to the Population Register, which registers the death. The relatives must then plan the funeral.

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2. Choice between private and public succession

The heirs must decide how the estate will be divided, privately or publicly:

• Private probate: The heirs themselves take responsibility for the distribution of assets and settlement of debts. This requires agreement among the heirs and that at least one assumes responsibility for the deceased's debts.
• Public probate: The court appoints an executor to handle the distribution. This may be necessary if the heirs cannot agree or want the court to administer the settlement.

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3. Deadlines to be aware of

There are several important deadlines in an inheritance settlement:

• 60 days: Within 60 days of the death, the heirs must inform the district court about who will assume responsibility for the debt and what form of succession has been chosen. The form is available digitally on the courts' websites.
• 6 months: Heirs must invoke the will before the district court within six months of becoming aware of the death and the contents of the will.
• 3 years: The deadline for requesting probate is three years from the date of death. After this, the court can only consider the estate if there are “strong reasonable grounds”.

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4. The Uninheritance Scheme

The surviving spouse or cohabitant may have the right to sit on the undivided estate, which means that the inheritance settlement is postponed. To take advantage of this arrangement, notification of undivided estate must be sent to the district court within 60 days of the death.

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5. Probate certificate

Once the district court has received the necessary documentation and declarations, a probate certificate is issued. This gives the heirs the right to dispose of the deceased's assets and carry out the inheritance settlement.

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6. Distribution of inheritance

The inheritance is distributed according to the Inheritance Act and any will. It is important to get an overview of the deceased's assets and debts, terminate ongoing obligations, and ensure a fair distribution among the heirs.

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7. Seek professional assistance

Inheritance settlements can be complex, especially if disagreements or ambiguities arise. In such cases, it may be wise to seek advice from a lawyer with experience in inheritance law to ensure a correct and fair process.

Navigating an inheritance settlement requires both legal knowledge and practical understanding. By being aware of applicable rules and deadlines, as well as seeking professional guidance when necessary, heirs can ensure a smooth and fair distribution of the deceased's assets.