An estate change is a process of transferring the property of a deceased person to his heirs. When one has a death certificate until the assets are transferred to the heirs, the estate is called a death estate and is referred to as “(deceased’s name)”s estate.”
One of the first things to do in an inheritance settlement is to clarify who takes responsibility for the management of the shift. The estate’s total contents and value. Including its debt. This is confirmed by the Probate Court with a certificate of transfer. It is often convenient to authorize a person to execute the death estate and arrange practical things.
During the shift, you can use the time you need to move the port to the port. A change can be demanding, much because one has to deal with both monetary values, utility values , and affect values. If the shift becomes difficult, then a party to the shift may require public change.
The shift ends with the submission of an inheritance message to the Tax Administration. It is also common to list the real estate that is being transferred.
What to do about a private change of estate
Section 119 of the New inheritance law§ 119 lays down a separate overview of the tasks that must be done in the private transfer of a death estate. It is often a straightforward “to-do list,” although the list does not include everything that needs to be done.
Many of the tasks, although easy to see, can be difficult to access. For example, if the deceased has unlisted shares or a composite change is to be made, it may be difficult to obtain a sufficient overview of both the facts and how to resolve them.
The following list applies only to the death estate – there are separate rules for switching between spouses. This also becomes important where the deceased was in unison.
The heir (s) to which the certificate of inheritance is issued shall carry out the private transfer. The tasks can still be distributed to others. The estate must be changed within a reasonable time and in a manner that safeguards the interests of the heirs and other rightsholders. The following tasks should or should normally be performed:
a) An overview of the heirs in the estate and the extent of the individual’s right of succession shall be provided.
b) An overview of the inheritor’s assets and obligations shall be provided.
c) It shall be ensured that any requirements that may arise from the legatee’s valid will are fulfilled, cf. § 124. Persons who do not participate in the probate proceedings shall be notified of their rights in the estate.
d) The assets of the estate shall be taken care of. The assets must be secured, maintained, and possibly insured reassuringly and customarily.
e) It should be considered whether a proclamation should be issued if this has not already been done. A proclamation shall be issued if an heir requires it under section 121.
f) The successor’s ongoing obligations (for example as a result of subscriptions, memberships, or agreements on goods or services) should be terminated.
g) Tax returns must be provided for the current year and for the previous year if this has not already been provided so that the correct determination of tax can be used as the basis for the settlement.
h) The obligations of the estate and the inheritor shall be covered, or it shall be set by means for this, cf. sections 122 and 123. The outstanding claims of the estate shall be recovered.
i) It must be clarified whether heirs wish to take over assets at the time of transfer or whether the assets should be sold, cf. sections 104 to 115. The sale of the assets to be sold shall be carried out.
j) A proposal should be made for the distribution of the assets in the estate. Once the heirs have agreed on the distribution, a document should be drawn up, showing how the estate is distributed and signed by the heirs.
k) Assets shall be transferred to the heirs according to the distribution agreed upon. Re-registration in public registers should be ensured. When transferring real estate, registration should be provided.
l) Documentation showing that creditors have received coverage should be stored in a satisfactory manner. An overview of the payments and payments made during the shift should be kept.
Skifteerklæring (Erklæring om privat skifte av dødsbo)
Skifteerklæringen is a two-page A4 form that you can download from the web. (Click on underlined words in the first line. Then click on “Justis- og beredskapsdepartementet” and you will see a number of forms, including “Erklæring om privat skifte av dødsbo”). You can also call the district court (probate court) at the place where the deceased lived and have the form sent from there.
The form must be filled in and sent to the District Court or the City Attorney (formerly the District Court). Within 60 days of death. The heirs enter the name, date of birth, and address in numbered headings on the front, and sign in titles with the same number on the back. Be aware that once you sign the Declaration of Assent, you assume responsibility for the debts of the deceased. You risk, in the worst case, having to spend money, instead of inheriting if the obligations of the dead are greater than the wealth. A small exception applies here: If the deceased’s assets are worth less than 3G (three times the necessary national insurance amount), the heirs will not be liable for the portion of the dead’s debt that exceeds the value of the assets. (Skifteloven § 78,2)
If you are in doubt about how much debt the deceased left behind, you should not sign the probate declaration.
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