Division of joint assets
If you and the deceased had joint assets and there are several heirs, you will need to make a division of property. You do this after the estate inventory has been registered and the estate’s debts and expenses have been paid.
You can learn more about the division of property on the Swedish Tax Agency’s (Skatteverket) website.
Property division at skatteverket.se (in Swedish) External link.
Spouses and children are the primary heirs
- If you were married to the deceased and did not have any children, you are the primary heir.
- If you were married with children, you inherit before the child/children, who in most cases must wait until the death of their other parent before inheriting.
- If the deceased had children with somebody else, unless there is a will that states otherwise, they normally have the right to take out their inheritance immediately. Under Swedish law, these children of the deceased person are called särkullbarn.
Common law spouse with or without children
- If you were not married to the deceased, then their children are the primary heirs.
- In order for cohabiting partners to inherit, there must be a will.
- If the deceased had children with somebody else, unless there is a will that states otherwise, they normally have the right to take out their inheritance immediately.
Minors who inherit
A child under the age of 18 who inherits will automatically have a chief guardian appointed for them by the County Administrative Board. In conjunction with administering the estate inventory, the Swedish Tax Agency (Skatteverket) will notify the County Administrative Board (Länsstyrelsen) that a minor has received an inheritance. The minor will require the approval of both the chief guardian and their legal guardian before they can withdraw money from their account and dispose of their inheritance.
If you are unable to agree
If the parties to the estate are unable to agree on how the estate should be administered or the inheritance distributed, the district court may appoint an independent estate administrator, probate officer or estate distribution executor. You can learn more about applying for independent assistance at domstol.se.
Estate administration and distribution of the estate at domstol.se (in Swedish) External link.
If there are no heirs or will
If someone dies without leaving any heirs or will, the estate goes to the Swedish Inheritance Fund.