Sweden Probate Records: Difference between revisions

In Sweden, the [[Sweden Act of 1734|Act of 1734]] made it mandatory to conduct an inventory of the estate of the deceased. This legal proceeding is called ''bouppteckning''. Some inventories were taken prior to 1734, especially in cities.  

All distributions were made by the appropriate court. In rural parishes this was the district court (''häradsrätt'') and in cities by the city court (''rådhusrätt''). In 1971, the ''tingsrätt'' became the district court all over Sweden, replacing the ''häradsrätt'' and ''rådhusrätt''. Between the years 1737 and 1916 the nobility (''adel'') had the privilege of having their probate processed by the court of appeals (''hovrätten'').  

Four court sessions were held each year. Each session took its name from the season of the year in which the court was held.

The law provided that half the estate go to the surviving spouse, with male heirs receiving twice as much as females. In cities males and females received equal portions. Although a probate was obligated by law at death, often it was made only for the wife or husband which ever died first. It has been figured that only 25% had an estate inventory made. In any event it is still important to look for a probate after someone's death.

 

The law stipulated that guardians would be appointed to look after the interests of all heirs, especially minors.  The guardian was supposed to be the nearest male relative on the side of the family of the deceased, but this rule was not always followed but should be taken into consideration. Under the law men became of age at 21 years, and females never became of age unless they were widowed. See [[Legal Age in Sweden]] for more information.

Within three months after a death, the heirs assembled at the home of the deceased along with the court-appointed appraisers (''värderingsmän'') who were experienced in the required procedures and legalities. All real-estate, household items, as well as personal property of the deceased were recorded and assigned a monetary value so that they could be properly divided between the heirs. The inventory was to be performed within a year of death but it was not uncommon that it would drag out for a year or two. However, most were within 3 months. At the conclusion of the inventory, the appraisers turned the inventory and appraisal over to the court for probate, which took place at the next court session. The dividing of the property was handled in court and a separate document was made for the distribution of the estate. Occasionally the distribution was added to the end of the inventory, but this was not usually the case.  

The probate is usually made up of two main parts, the [[Preamble of Swedish Probate (Bouppteckningens ingress)|preamble]] and the [[Swedish Probate Inventory|inventory]].

*Death date of the deceased (usually a few lines below the date of the inventory)

*The name of the surviving spouse

*Names of the heirs ages, and residence (The names of sons-in-law, if any daughters are married, names of grandchildren if their related parent to the deceased is dead)

The inventory was a detailed list of all real-estate, household items, livestock, crops, tools, and personal belongings of the deceased. Each item on the inventory was appraised and valued, and the entire inventory was totaled. The completed inventory was then submitted to the local court. The court judge in the next court session would then decide the distribution of the estate. The document describing the distribution was called the ''arvskifte''.  

*Silver (''silver'')

*Pewter (''tenn'')

*Debts (''skulder'')

*Assets (''tillgånger'')

*Miscellaneous (''diverse'')

At the end of the probate document the following persons normally signed: the surviving spouse, sons, sons-in-law, appraisers, guardians. Signing the inventory acknowledges it took place and the assessment was accepted. Note: Not all of the population of the 1700s and early 1800s could write. Therefore, one of the appraisers may have guided the heir’s hand while he held the pen. Often signatures were simply initials. For example, Jöns Andersson might write his name as J[öns] A[nders] S[on].