How do you make an inheritance deed? A complete guide

What is an inheritance deed?

A probate deed is a legal document that describes how a deceased person's assets are to be distributed among the heirs. The document serves as proof that the inheritance has been distributed according to the agreement of the heirs or according to law. It is crucial for the heirs to be able to take over the deceased's assets, for example real estate, bank accounts or shares.

Why is an inheritance deed important?

An inheritance deed is important for several reasons:

• Legal Confirmation: It acts as a legal proof that the inheritance has been shared and accepted by all the heirs.
• Avoids conflicts: By clearly describing how the inheritance is to be distributed, the risk of misunderstandings and future conflicts between the heirs is reduced.
• Necessity for transfers: Banks and other institutions often require a probate deed in order to transfer the deceased's assets to the heirs.

Preparations for the drawing up of an inheritance deed

Before you start writing the actual inheritance deed, it is important to prepare thoroughly. Here are some steps you should follow:

1. Collect the necessary documents: You need to collect all the relevant documents, including the will (if available), the probate and a list of the deceased's assets and liabilities.
2. Determine heirs: Identify all heirs under the will or at law. If there are unclear cases, such as illegitimate children or previously unknown heirs, this must be resolved before the shift can be carried out.
3. Determine the distribution: Discuss and agree on how the inheritance should be distributed between the heirs. This can either follow the will or, if there is no will, according to the legal order of succession.

Step by step: How to draw up an inheritance deed

Now that the preparations are complete, it is time to draw up the inheritance deed. The following steps will help you create a correct and valid deed.

1. Start with basic information

At the beginning of the document, the following information must be included:

• The deceased's full name, social security number and date of death.
• The date and registration number of the probate.
• Names and contact information for all heirs.

2. Account for assets and liabilities

The next section should contain a detailed account of all assets and liabilities to be distributed. It includes:

• Properties: Address, property designation and valuation.
• Bank accounts: Account numbers and balances at death.
• Securities: Stocks, bonds and other investments, including their market value.
• Personal property: Cars, jewellery, art and other valuables.
• Debts: List of all debts that must be settled before the inheritance can be distributed.

3. Distribution of the inheritance

In this section, you describe how each asset should be distributed between the heirs. This can be done in different ways, depending on the agreement between the heirs:

• Equal distribution: If all heirs are to receive the same amount, specify this clearly.
• Specific distribution: If certain assets are to go to specific heirs (eg a property to one child and shares to another), describe how this will be done.
• Compensation: If any heir receives more or less than the others, describe how compensation is made, for example through cash compensation.

4. Final Provisions

The last section of the probate deed should include any final provisions, such as:

• Debt coverage: How any remaining debt is to be settled.
• Any disputes: How any disputes about the inheritance are to be resolved, for example through mediation or arbitration.

5. Signatures

In order for the inheritance document to be valid, it must be signed by all the heirs. It may also be a good idea to have two independent witnesses certify that everyone has signed voluntarily and with full understanding of the document's content.

What happens after the inheritance deed is completed?

When the deed of inheritance is completed and signed by all parties, it must be sent to the Swedish Tax Agency for registration, if this is required in your case. After that, the inheritance can be formally transferred to the heirs.

Common pitfalls to avoid

Drawing up a probate deed can be a complicated process, and there are several common mistakes to avoid:

• Inadequate documentation: Ensure that all required documents are correctly completed and attached. An incomplete deed can delay or invalidate the inheritance.
• Missed debts: Don't forget to settle all debts before the inheritance is distributed. If debts are discovered later, this can create problems for the heirs.
• Disagreement between heirs: Try to reach an agreement between all heirs before signing the document. A disaffected heir can drag out the process or even appeal the shift.
• Improper valuation of assets: Use unbiased appraisers to determine fair values ​​of the assets. Incorrect valuations can lead to disputes and invalidation of the inheritance.

Why use a document template?

Using a probate document template can be a great help to ensure you cover all the important points and comply with applicable laws. Our document templates are designed to be easy to use and customizable to your specific needs. By using a template, you can avoid common mistakes and feel confident that the deed is legally correct.

Conclusion

Drawing up an inheritance deed is an important and sometimes sensitive process. By following this guide, you can ensure you cover all the necessary steps and avoid common pitfalls. A correctly drawn up inheritance deed reduces the risk of future conflicts and ensures a fair distribution of the inheritance. With the help of our document templates, you can easily and securely create an inheritance deed that meets all legal requirements.