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In Sweden, the Act of 1734 made it mandatory to conduct an inventory of the estate of the deceased. This legal proceeding is called in Swedish “''bouppteckning''”. Some inventories were taken prior to 1734, especially in cities. The practice has continued into modern Sweden. | In Sweden, the Act of 1734 made it mandatory to conduct an inventory of the estate of the deceased. This legal proceeding is called in Swedish “''bouppteckning''”. Some inventories were taken prior to 1734, especially in cities. The practice has continued into modern Sweden. | ||
Soon after a death, the heirs assembled at the home of the deceased along with the court-appointed appraisers called “''värderingsmän''” who were experienced in the required procedures and legalities. All 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. (In modern Sweden the inventory by law must be performed within three months). At the conclusion of the inventory, the appraisers turned the probate (inventory) 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. Occcasionally the distribution was added to the end of the inventory, but this was not usually the case. | Soon after a death, the heirs assembled at the home of the deceased along with the court-appointed appraisers called “''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. (In modern Sweden the inventory by law must be performed within three months). At the conclusion of the inventory, the appraisers turned the probate (inventory) 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. Occcasionally the distribution was added to the end of the inventory, but this was not usually the case. | ||
All probating (distribution of the estate) was done by the district court (''häradsrätt'') for rural parishes or by the city court (''rådhusrätt'') for those living in a city. In 1971, the tingsrätt became the district court all over Sweden, replacing the previous distinction between ''rådhusrätt'' in larger cities and ''häradsrätt'' for other parts of the country. Nobility had the privilege of having their probate processed by the court of appeals (''hovrätten'') between the years 1737 and 1916. | All probating (distribution of the estate) was done by the district court (''häradsrätt'') for rural parishes or by the city court (''rådhusrätt'') for those living in a city. In 1971, the ''tingsrätt'' became the district court all over Sweden, replacing the previous distinction between ''rådhusrätt'' in larger cities and ''häradsrätt'' for other parts of the country. Nobility had the privilege of having their probate processed by the court of appeals (''hovrätten'') between the years 1737 and 1916. | ||
Between two and four court sessions were held each year. Each session took its name from the season of the year in which the court was held: | Between two and four court sessions were held each year. Each session took its name from the season of the year in which the court was held: | ||
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*''Hösttinget'' – autumn court (September, October, & November) | *''Hösttinget'' – autumn court (September, October, & November) | ||
Although a probate was obligated by law with death, often it was made only for the wife or husband which ever died first. Many ''bouppteckningar'' are missing partly because they have been lost due to poor storage or the destruction of the records. | Although a probate was obligated by law with death, often it was made only for the wife or husband which ever died first. Many ''bouppteckningar'' are missing partly because they have been lost due to poor storage or the destruction of the records. It has been figured that only 25% had an estate inventory made. In any event it is still worthwhile to check to see if a probate exists. | ||
The probate is usually made up of two main parts, the [[Preamble of Swedish Probate (Bouppteckningens ingress)|preamble]] and the list of [[Swedish Probate Inventory|inventory]]. To that may be added a closing statement with the signatures of the heirs (those who were "of age") or just their initials. | The probate is usually made up of two main parts, the [[Preamble of Swedish Probate (Bouppteckningens ingress)|preamble]] and the list of [[Swedish Probate Inventory|inventory]]. To that may be added a closing statement with the signatures of the heirs (those who were "of age") or just their initials. | ||
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Some '''important insights''' to remember about probates: | Some '''important insights''' to remember about probates: | ||
*Male heirs became of age | *Male heirs became of age at age 21 years | ||
*Females never became of age unless they were widowed. To learn more about becoming of age click [[Becoming | *Females never became of age unless they were widowed. To learn more about becoming of age click [[Becoming|here.]] | ||
*Make it a practice to scan the debts/assets sections of the probate. As it is true today, so it was then, money was often loaned/borrowed by relatives | *Make it a practice to scan the debts/assets sections of the probate. As it is true today, so it was then, money was often loaned/borrowed by relatives | ||
*Half of the value of the estate went to the surviving spouse | *Half of the value of the estate went to the surviving spouse | ||
*Male heirs received a double portion to the inheritance female heirs received | *Male heirs received a double portion to the inheritance female heirs received in rural parishes. In cities males and females received equal portions. | ||
*At the end of the probate document, the following persons normally signed: (a signature infers | *At the end of the probate document, the following persons normally signed: (a signature infers agreement with the inventory) surviving spouse, sons, sons-in-law, appraisers, guardians. 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)<br> | ||
=== Finding a Probate === | === Finding a Probate === | ||
In order to find a Swedish probate record, you must know the name of the court district (''härad'') to which the parish belonged at the time of the ancestor’s death. | In order to find a Swedish probate record, you must know the name of the court district (''härad'') to which the parish belonged at the time of the ancestor’s death.. | ||
To find a probate record, go to the Family History Library Catalog (www.familysearch.org) and do a “place” search. In the space for the name of the place, type in the name of the härad, including the Swedish word “härad” after the name of the court district. For example, Vintrosa parish is located in Örebro härad. If you want to find probate records for Vintrosa parish, you would do a place search for Örebro härad, and then look for the subject heading of “Probate Records”. | To find a probate record, go to the Family History Library Catalog (www.familysearch.org) and do a “place” search. In the space for the name of the place, type in the name of the härad, including the Swedish word “härad” after the name of the court district. For example, Vintrosa parish is located in Örebro härad. If you want to find probate records for Vintrosa parish, you would do a place search for Örebro härad, and then look for the subject heading of “Probate Records”. | ||
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=== Other Records Relating to Probates === | === Other Records Relating to Probates === | ||
''avhandlingsprotokollen''<br>''bouppteckningsbevis''<br>''bouppteckningsprotokollen''<br>''dödsboanmälan''<br>''fattigbevis''<br>''förmyndarskapsprotokoll''<br>''inprotokollerat''<br>''Småprotokollen<br>''<br> | ''arvskiftet''<br>''avhandlingsprotokollen''<br>''bouppteckningsbevis''<br>''bouppteckningsprotokollen''<br>''dödsboanmälan''<br>''fattigbevis''<br>''förmyndarskapsprotokoll''<br>''inprotokollerat''<br>''Småprotokollen<br>''<br> | ||
=== References === | === References === | ||