Inheritance

Appointment of an estate administrator and an estate distributor

The shareholders of the estate jointly manage and determine the property of the estate. However, at the request of the shareholders and certain other persons listed in the Act, the district court may order the transfer of the estate’s assets to the administration of the estate administrator.

If the shareholders in a decedent’s estate or spouses about to get a divorce cannot reach an agreement on the distribution of assets among themselves, the district court will appoint an estate distributor upon petition. The petition for the appointment of an estate distributor may be filed by any of the shareholders or either spouse; no reasons need be supplied for the petition.

An estate administrator and distributor are often applied for with the same application. Both are applied for by submitting an application to the district court determined by the municipality of residence of the deceased. The estate administrator and distributor can be an attorney-at-law, a public legal aid attorney or any person capable of the task. The estate distributor is usually the person proposed by the applicant. However, he or she must be impartial to all parties. The selection of the person will be decided by the district court if one of the shareholders objects to the selection of the proposed person. The application must be accompanied by the written consent of the person proposed as the estate distributor.

The estate administrator and distributor have the right to receive a fee and compensation for their costs.

The estate distributor carries out the distribution and he or she drafts it in the form of a document, which he or she signs. The distribution performed by the estate distributor may be contested by filing an action in the district court.

Where to petition for the appointment of an estate distributor

When a matter concerns distribution of a decedent’s estate, the petition must be filed with the district court with jurisdiction in the place where the deceased person had his or her domicile.

When a matter concerns distribution of matrimonial assets after divorce, the petition must be filed with the district court with jurisdiction in the place where either one of the spouses has his or her domicile

Other inheritance matters

It is no longer necessary for a will to be probated in court. It must be communicated to the heirs.

The estate inventory deed is submitted to the Tax Administration.