When the beneficiaries of an estate or spouses cannot agree on how an estate or a division of marital property should be handled, the district court (tingsrätten) can appoint an outside person to take over. The law distinguishes between three appointments – estate administrator (boutredningsman), estate distributor (skiftesman) and marital property divider (bodelningsförrättare) – each with different tasks. Here we go through when each appointment becomes relevant and what it means for you as a beneficiary or party.
The main rule: the beneficiaries manage the estate jointly
As a main rule, a deceased person's estate (dödsbo) is managed jointly by the estate beneficiaries (dödsbodelägare) (Chapter 18, Section 1 of the Swedish Code of Inheritance (ärvdabalken)). This means that the beneficiaries must agree on significant management measures – for example, selling a home, terminating a rental agreement or paying debts. If they cannot agree, the estate is in practice at a standstill.
Estate administrator (boutredningsman) – when management has reached deadlock
Every estate beneficiary can apply to the district court (tingsrätten) for the estate to be handed over to be managed by an estate administrator (boutredningsman) (Chapter 19, Section 1 of the Code of Inheritance). The estate administrator then takes over management from the beneficiaries and is to wind up the estate: investigate assets and debts, pay debts, sell property where necessary and prepare the distribution of the inheritance (arvskifte).
The beneficiaries are to be heard on important matters, but it is the estate administrator who makes the decisions. The fee is paid by the estate, which means that in practice the cost is borne jointly by the beneficiaries.
Estate distributor (skiftesman) – when the beneficiaries cannot agree on the distribution
Once the estate's debts have been paid, the assets are to be divided through a distribution of the inheritance (arvskifte). If the beneficiaries cannot agree on the distribution, the district court can, on the application of a beneficiary, appoint an estate distributor (skiftesman) (Chapter 23, Section 5 of the Code of Inheritance). If an estate administrator has been appointed, they are as a rule also the estate distributor.
The estate distributor is first and foremost to try to get the beneficiaries to reach an agreement. If that is unsuccessful, the estate distributor can carry out the distribution, a so-called compulsory distribution (tvångsskifte). A beneficiary who is dissatisfied can challenge the distribution by bringing an action to contest it (klandertalan) before the district court within the time limit stated in the law.
Marital property divider (bodelningsförrättare) – when spouses or cohabitants cannot agree
If spouses or cohabitants (sambor) cannot agree on the division of marital property (bodelning), the district court can, on application, appoint a marital property divider (bodelningsförrättare) (Chapter 17, Section 1 of the Swedish Marriage Code (äktenskapsbalken) and Section 26 of the Swedish Cohabitees Act (sambolagen)). The marital property divider must also first and foremost work towards an agreement, but otherwise can decide on the division personally. The decision can be challenged before the district court.
The cost of the marital property divider is, as a main rule, to be shared equally between the parties.
Points to bear in mind
An appointment costs money and takes time. Often a solution can be reached through negotiation before anyone needs to be appointed – and sometimes it is precisely an application for an appointment that gets a deadlocked situation moving. In the application you can propose whom the district court should appoint.
Key conclusions
- The estate beneficiaries manage the estate jointly. If they cannot agree, the district court (tingsrätten) can appoint an estate administrator (boutredningsman) (Chapter 19, Section 1 of the Code of Inheritance).
- The estate administrator takes over management and winds up the estate. The fee is paid by the estate.
- An estate distributor (skiftesman) is appointed when the beneficiaries cannot agree on the distribution of the inheritance and can, if necessary, carry out a compulsory distribution (Chapter 23, Section 5 of the Code of Inheritance).
- A marital property divider (bodelningsförrättare) is appointed when spouses or cohabitants cannot agree on the division of marital property (Chapter 17, Section 1 of the Marriage Code, Section 26 of the Cohabitees Act).
- In the application you can propose who should be appointed.
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Practice area
Inheritance and matrimonial property law →Sources
This article is general information and does not replace legal advice on an individual matter.