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 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 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 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.
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.