How and when does one become an heir?
Last update: 10/3/2012
The succession does not automatically devolve to the heir or heirs after death. The succession is rather a legal entity, which is represented by an executor, a third party administrator or all the heirs jointly.
- The heirs must draw up an inventory of the estate (bouppteckning) within three months of the death of the deceased.
- The matrimonial property regime is settled subsequently. In Sweden, the legal matrimonial property regime is that of the deferred community of property (giftorättsgemenskap).
- Finally, the deceased’s debts are settled and the rest of the estate is shared.
The succession does not need to be expressly accepted.
Detailed information
When and how does one become an heir?
The status of heir stems from the law or a testamentary provision. Sometimes case law requires the testamentary heir to express his/her desire to accept the inheritance, at least in a conclusive manner.
The estate is not automatically devolved to the heirs at the time of death. It is rather a case of a legal entity (18 ÄB) represented by the administrator of the estate, the testamentary executor, or all of the interested parties (19 ÄB).
Is it possible to renounce a succession?
The renunciation of the inheritance is not expressly provided for.
Is it possible to accept a succession subject to conditions?
There are no express provisions on the acceptance of the inheritance.
Are the heirs and co-heirs liable for the deceased’s debts?
The heirs are not personally liable for the debts of the deceased. It is the estate (undivided) that meets these debts (21 ÄB).
