Estate
When a person passes away, all assets and debts transfer to an estate. An estate is a legal entity represented and managed by the heirs, or by, for example, an estate administrator. The estate ceases to exist when the division of inheritance is complete, that is, when the deceased person's potential assets have been divided.
Survivors' Guide
The Survivors' Guide is designed to help survivors and supporting individuals, relatives, and friends, among others. Here you will find practical advice and tips on what needs to be done after a death.
The Survivors' Guide has been developed by the Swedish Tax Agency, the Social Insurance Agency, and the Pension Authority.
Sale of property in an estate
If the estate heirs want to sell a property in an estate, the estate needs to apply for title registration. When transferring property, it is required that the seller (the estate) has title registration for the property.
The estate heirs need to agree on a sale. The alternative is for an appointed estate administrator to request the district court to sell the property. An executor has the right to sell the property if it is stated in the will.
Just like in a regular sale, the seller (the estate) may be liable for any defects and deficiencies, so a disclaimer clause can be beneficial.
When someone has passed away, it is the heirs in the estate, or a representative appointed by the heirs, who are responsible for the estate's declaration. Click here to read more and declare the estate.
A tip is to set aside money from the sale for potential capital gains tax.
Common terms related to estates
Estate heirs
A surviving spouse, partner, legal heirs, and universal legatees are estate heirs. The surviving spouse's or partner's after-heirs are also estate heirs.
If the division of property has been made after the deceased's death or if no division of property is to be made, the surviving spouse or partner is an estate heir only if they are a legal heir or universal legatee.
Estate inventory
When someone has passed away, the estate heirs must conduct an estate inventory. This means they must go through and create a written summary of the deceased's and the surviving spouse's or partner's assets and debts. An estate inventory must be completed no later than 3 months after the death and sent to the Swedish Tax Agency within four months after the death.
An estate inventory can be done privately or with the help of a funeral home or lawyer.
Administrators
Two external administrators must be appointed. These are two individuals who do not have the right to inherit from the deceased due to law or will. The administrators certify that everything has been accurately recorded in the estate inventory and that the assets have been valued to the best of their understanding.
If you have asked someone external to manage the estate, such as an estate administrator or an executor, the same person cannot act as an administrator.
Estate administrator
Estate heirs, legatees, creditors, etc., can apply to the district court for an estate administrator to be appointed. It is the district court that appoints the estate administrator. The estate administrator takes over the authority to manage the estate that otherwise belongs to the estate heirs collectively.
The estate covers the estate administrator's fees.
Estate informant
A bouppgivare must provide information about the dödsbo at the bouppteckningsförrättning. The bouppgivare must provide information about the deceased's assets and debts, wills, prenuptial agreements, family relationships, etc.
Executor
If the co-owners in a dödsbo disagree on how an arvskifte should be made, dödsbodelägare can request that the district court appoint a skiftesman. The dödsbo covers the skiftesman's fee.
Death certificate
A death certificate with family investigation shows when a person passed away and which surviving relatives the person has. Ordered from Skatteverket.
Power of attorney
If one of several dödsbodelägare is to manage the dödsbo, a written power of attorney from all co-owners in the dödsbo is required, unless it is a bouppgivare or skiftesman.
Inheritance division
After the bouppteckning is complete, an arvskifte must take place. This means that an arvskifteshandling is drawn up indicating how the inheritance will be distributed.
Estate declaration
Replaces bouppteckning if the deceased has assets that only cover funeral costs and other expenses related to the death. The dödsbodelägare or bouppgivare notifies the municipality, which in turn reports to Skatteverket.
Executor of the will
In a will, a person may have been appointed to manage the administration of the dödsbo and the execution of the will. Such a person is called an testamentsexekutor and takes the place of the dödsbodelägare regarding the responsibility for the estate's investigation. The testamentsexekutor has essentially the same authority as a bouppgivare.
Universal heir
In a will, it can state that a beneficiary shall receive the entire estate (the deceased's property), a certain share of the estate, or the surplus of the estate. The beneficiary is then a universal beneficiary.