Get an overview of the deceased’s assets and debts
An estate contains assets, debts, rights and obligations that the deceased left behind. By settling the estate, you also assume responsibility for the deceased’s debts.
Before you decide whether you want to do this or not, you should get an overview of the assets and debts the deceased had.
Power of attorney regarding assets and liabilities
A power of attorney regarding assets and liabilities can give you a better overview of the estate. You can use the power of attorney to obtain information about assets and debts from the Norwegian Tax Administration and banks. Send an email to the district court where the deceased was resident to clarify whether you can obtain a power of attorney. You must state the name, date of birth and date of death of the deceased. We also need your name and the address to which we should send the power of attorney.
Notice to creditors
If you are in doubt as to whether the deceased had more debts than assets, you can ask the district court where the deceased was resident to issue a notice to creditors.
A notice to creditors is an announcement that is published in the Norwegian Lysingsblad and local or regional newspapers. The notice informs all creditors to submit their claims within six weeks. If a claim is not received within the deadline, it will lapse. Please note that the notice does not apply to foreign creditors, mortgage claims or tax and duty claims.
If you want the district court to publish the notice, you must pay a fee.
Will
A will may contain information about the deceased's wishes for the funeral and who is to inherit what. If you are mentioned in a will that has been filed with the district court, we will inform you.
If the deceased had a will or a marriage contract stored at home, with a lawyer or in a safe deposit box, you must submit the original to the district court.
Choose form of probate
There are various types of division, and once you have an overview of the deceased's debts and assets, you must decide how you want to divide the estate.
Disagreements about the division of the estate
If the heirs cannot agree on how the inheritance is to be distributed, the administration of the estate can be carried out by the district court (public division). The district court will appoint a trustee to handle administration of the estate. The trustee will prepare a proposal for allocation (distribution) of the inheritance to the heirs. The district court must approve the final distribution.
Public division requires
- that one of the heirs requests it (it is not a condition that everyone agrees)
- adequate security for the estate costs, which must cover the trustee's fees, among other things
- that any private probate has not been concluded
- that no more than three years have passed since the death (in some cases, public probate may be opened at a later date)
Report the type of division to the district court
Fill in the form for the form of probate you have chosen. All available forms are in Norwegian. Send the form to the district court where the deceased was resident within 60 days.
Receiving the certificate of probate from the district court
The certificate of probate provides an overview of the heirs known to the court and who has assumed responsibility for the deceased's debts. The certificate gives access to the deceased's bank account and other assets. It also allows you to cover debts and expenses, sign documents and take other actions on behalf of the estate.
If all the heirs have assumed liability for the debts, the district court will send the certificate within 1-2 weeks after we have received the form for your chosen type of probate.
If only one or some of the heirs have signed the form, the district court may not send the certificate of probate until 60 days after the death. Heirs who do not wish to assume responsibility for the deceased's debts may consent to the district court sending the certificate of probate before 60 days have passed.
Power of attorney regarding the settlement of the estate
Heirs who have assumed responsibility for the deceased’s estate by private probate and received a certificate of probate, may authorize another person to carry out the settlement of the estate. The person must be at least 18 years old.
The power of attorney can be used, for example, in contact with the deceased's bank. The power of attorney should not be sent to the district court.
Copy of certificate of probate
If you are an heir and need a copy of a certificate of probate, you can send an e-mail to the district court where the deceased was resident. Please inform us about the deceased’s name, date of birth and date of death. We also need your name and address.
If the copy is intended for use abroad, we can assist you in notarising the document. The certificate of probate is issued in Norwegian. If you need a translation, you have to contact a translator and pay the cost of the translation. Some countries also demand that the translation is notarised.
If you need a copy of a certificate of probate issued before 1975, you have to contact The National Archives of Norway.
Confirmation of death
If you are an heir and need a confirmation of the death, you can send an e-mail to the district court where the deceased was resident. Please inform us about the deceased’s name, date of birth and date of death. We also need your name and address.
The confirmation is issued in Norwegian. If the confirmation is intended for use abroad, you should ask us to issue the document in English followed by notarisation.
Division of an estate when the deceased lived abroad
The estate must be administered in the country where the deceased had their habitual residence. If the deceased lived in Sweden, Spain or Thailand, for example, the estate must be processed there.
In exceptional cases, the case may be processed in Norway, even if the deceased was not living here at the time of death.
The conditions for processing the case in Norway include that
- the death is registered in the Norwegian population register. Read more about registration of deaths abroad on the Norwegian Tax Administration's website.
- probate has not been requested in the country of residence, or that the authorities in the country of residence have stated that they will not settle the estate there.
- the district court believes that processing in Norway is appropriate. Time spent living abroad, where the deceased had their assets and debts and where the family and heirs are located, are included in the assessment.
If the heirs want to process the estate in Norway, they must submit a petition to the district court.
Which district court handles the petition?
For deaths before January 1, 2021, the deceased's last registered address in Norway will determine which district court will process the petition. Find the district court that will hear the petition. For deaths from and including January 1, 2021, Oslo District Court will process the case.
Processing of the estate in Norway
If the district court decides that the administration of the estate is to take place in Norway, the heirs must decide how they wish to administer the deceased's estate. Read more about the various types of division.