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==Background== | |||
In Denmark it is not the will (testament) that is the most important probate record, but the records of Administrations of Estates (''Skifteprotokollerne''). | Danish probate records constitute all those records generated by the Probate Court pertaining to the transfer of estate, with its rights, assets, liabilities, and obligations to the heirs (including bankruptcy and guardianship), and all documents connected with these procedures. | ||
In Denmark it is not the will (testament) that is the most important probate record, but the records of Administrations of Estates (''Skifteprotokollerne''). These records affected a large portion of the Danish population. "Skifte" means to change, as change in ownership of an estate. The term "Records of Inheritance" would be more closely connected with the the title ''Skifteprotokoll''. | |||
The three most common types of probate records are: | The three most common types of probate records are: | ||
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<br> | <br> | ||
In 1683 the establishment of the Danish Law of Christian V formed the foundation of the present Danish probate system. | In 1683 the establishment of the Danish Law of Christian V formed the foundation of the present Danish probate system. Following are some of the stipulations: | ||
#Immediately following the death of persons who were survived by minor heirs, no living heirs, or heirs that were absent from home, notification of the death was to be reported to the <span id="fck_dom_range_temp_1279905824734_773" />local authority. | #Immediately following the death of persons who were survived by minor heirs, no living heirs, or heirs that were absent from home, notification of the death was to be reported to the <span id="fck_dom_range_temp_1279905824734_773" />local authority. The estate would then be sealed for final inventory and administration. | ||
#On the 30th day thereafter, the estate was to be registered by the proper probating authority in the presence of the heirs and their guardians. | #On the 30th day thereafter, the estate was to be registered by the proper probating authority in the presence of the heirs and their guardians. This registration was to contain an inventory and appraisal of all the property, along with a record of the total debts and assets of the death estate. The settlement and distribution of the estate among the heirs was to be indicated. This document was to be signed by the heirs, their guardians, and by the probating authority. | ||
#No widower or widow could remarry before the estate had been settled with the legal heirs. | #No widower or widow could remarry before the estate had been settled with the legal heirs. | ||
#If none of the heirs were minors, and all were present, the family could act under their own private jurisdiction unless they desired a legal probate proceeding. | #If none of the heirs were minors, and all were present, the family could act under their own private jurisdiction unless they desired a legal probate proceeding. | ||
#A surviving spouse could also receive permission to live in "uskiftet bo" which means to be able to retain undivided possession of the estate. | #A surviving spouse could also receive permission to live in "uskiftet bo" which means to be able to retain undivided possession of the estate. There would be no distribution of inheritance to the heirs unless the surviving spouse remarried, died, or desired a distribution. | ||
#All those who could not manage their own affairs were to have a guardian(s) appointed in their behalf. | #All those who could not manage their own affairs were to have a guardian(s) appointed in their behalf. The guardian(s) was to be a qualified relative of the deceased, but if no qualified relative was available, then the court would appoint a suitable guardian. The guardian of minor children was to be: | ||
* After the death of the mother, the father. | * After the death of the mother, the father. | ||
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* If no such relatives were living or qualified, the next nearest relative was appointed which was usually a cousin, the paternal relatives having first preference. | * If no such relatives were living or qualified, the next nearest relative was appointed which was usually a cousin, the paternal relatives having first preference. | ||
The most common type of guardianship found is regarding item (f) if the deceased is the father, or item (g) if the deceased is the mother. | The most common type of guardianship found is regarding item (f) if the deceased is the father, or item (g) if the deceased is the mother. A widow could choose her own guardian subject to court approval. These guardians would not necessarily need to be relatives. | ||
== Record content == | |||
The ''Skifteprotokoller ''usually contain the following information: | The ''Skifteprotokoller'' usually contain the following information: | ||
#Date of probate | #Date of probate | ||
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#If children of the deceased are dead, but left descendants, these heirs will be listed. | #If children of the deceased are dead, but left descendants, these heirs will be listed. | ||
== Record Examples of ''Skifteprotokollerne'' == | |||
The following is a transliteration and a rough translation of a ''Skifteprotokoll''. The source of the information can be found in "Skifteprotokoller af Nordfeldt Gods, Praesto Amt, Borre Sogn". [FHL film 0041317]. | The following is a transliteration and a rough translation of a ''Skifteprotokoll''. The source of the information can be found in "Skifteprotokoller af Nordfeldt Gods, Praesto Amt, Borre Sogn". [FHL film 0041317]. | ||
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