Upon the death of a person, the person's relatives and friends can take up the deceased's estate. In some cases, a spouse or co-habitant may inherit the entire estate. In other cases, the estate may be divided among the surviving spouse and children. The inheritance is then managed by a district court.
The Dødsbo Oslo is the main legal reference when the distribution of assets is made. It lays down the lex domicilii principle and is applicable to all citizens of the Nordic region. It also regulates the administration of undivided possession of an estate by the surviving spouse. It also requires the administration of estates to take place in the Nordic country in which the deceased lived. If the deceased lived in a country other than the Nordic region, they may choose to follow a different law. The criterion for evaluation is whether the deceased was domiciled five years before his or her death in a country that is different from his or her country of citizenship.
The surviving spouse of a deceased person has the right to take over the deceased's entire estate, unless the deceased had left a will. The surviving spouse will receive a minimum of 25% of the estate. However, if the surviving spouse does not have any children, then the spouse is entitled to a fourth of the estate. The amount of the surviving spouse's inheritance may not be reduced to less than 44 thousand euros.
In the event of the death of a person, the municipal in which the deceased resided will arrange a funeral. In some cases, the municipality may demand funeral expenses from the estate. The deceased's estate can be divided into public and private divisions. In most cases, the deceased's estate will be distributed to the nearest family members. A death certificate will be issued by a doctor and will be registered in the National Registry. In addition, the surviving spouse will receive a certificate of undivided possession.
If the deceased had no children, then two thirds of the estate will go to the deceased's spouse and one third of the estate will go to the deceased's parents. The deceased's spouse will also receive one-half of the deceased's common goods. If the deceased had no children, then the remaining half of the estate will be divided among the deceased's parents and siblings.
In addition to the surviving spouse, the children and other heirs have the right to share the deceased's estate. Children of a deceased spouse will wait for their inheritance until the surviving parent passes away. They may also have rights with their union. In addition, the deceased person can reduce the children's inheritance. However, they have to inform the spouse of the reduction before the death occurs.
The distribution of the estate is done on social and conflict-suppressing considerations. In the event of a complicated estate, the division process may take longer. In addition, if the deceased had a number of assets, the inheritance could be subject to inheritance tax. Moreover, the estate may be resold and this may trigger tax duties.
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