Deaths and inheritance

Appointment of an estate distributor

The share­hold­ers of the es­tate jointly man­age and de­ter­mine the prop­erty of the es­tate.

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

The duties of an estate distributor may be performed by an attorney-at-law, a public legal aid attorney or anyone else capable of the task. Normally, the person nominated by the petitioner is appointed as the estate distributor. However, this person must be impartial with regard to all parties. The written consent of the nominee must be attached to the petition.

The estate distributor has the right to a fee and compensation for his or her costs from the assets of the decedent’s estate or, if there are no assets in the decedent’s estate, from the person who petitioned for the appointment of an estate distributor. In a divorce situation, the fee and compensation are paid by the spouses.

If an estate distributor carries out the distribution, he drafts it in the form of a document, which he signs. The distribution performed by the estate distributor may be contested at 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 testament to be probated in court; it is enough if the heirs are served with the testament.

The estate inventory deed is submitted to the regional tax office.

Declaration of death

What does declaration of death mean?

Declaration of death refers to a court decision that a missing person is to be considered dead.

A declaration of death leads, for example, to the following:

• the missing person is recorded as dead in the Population Information System,
• the marriage or registered partnership of the missing person is dissolved,
• the duties of the guardian assigned to the missing person cease and the administration of the property is transferred to the shareholders of the estate,
• there is an obligation to submit an estate inventory,
• the property of the missing person can be shared as an inheritance,
• the beneficiary of life insurance may withdraw the life insurance allowance

When do you have to apply for a declaration of death?

Relatives are not obliged to apply for a declaration of death. There is therefore no time limit. The application may be filed at any time after the legal conditions for submitting the application have been met.

How is a declaration of death applied for?

An application for a declaration of death shall be submitted to the district court.

As a rule, the matter is dealt with by the district court of the last municipality of residence of a person who has disappeared.

If a request is made for the declaration of the death of several persons who have gone missing at the same time, the application may be submitted to a district court whose district of judgement one of them last had a municipality of residence.

Who can file an application?

The application may be filed by the spouse of the missing person or by a person who has lived in a registered partnership with the missing person.

The application may also be submitted by an heir or another close relative of the missing person, such as a cohabiting partner or sibling.

In addition, the application may be submitted by another person with legal significance, such as the testator or the beneficiary of life insurance.

What evidence must the applicant provide?

The applicant shall provide evidence that the preconditions for a declaration of death exist. Consideration of the types of documents or evidence considered sufficient is a matter for the deciding district court in each individual case.

What is the cost of dealing with the matter?

An application fee shall be charged for the consideration of the case in the district court. You can read more about the district court fees here.

The applicant has the right to recover the said costs from the assets of the estate of the person who has been declared dead.

After a person has gone missing

The missing person often leaves things that require care. In such cases, a guardian may be appointed. If a deceased or missing person has been involved in business activities, you should contact a legal expert immediately.

Upon completion of the searches and, if necessary, after the waiting period provided for in the law, the district court may, upon application, declare the missing person dead.

When a missing person has been declared dead or if his or her body is identified, the persons close to him or her must take similar legal measures as in general after the death of the next of kin (e.g. estate inventory).