The settlement decision

This is the most important decision in the entire estate process. Within 60 days of the death you must choose how the estate will be settled — and submit that choice to the district court. Take the time to get a proper overview before you decide.

When the letter from the district court (tingretten) arrives — usually within two to four weeks of the death — it marks the beginning of the settlement decision period. Your task now is to get enough of an overview of the estate's finances to make a well-considered choice, and to submit that choice before the 60-day deadline.

The order in which you do things here matters. Follow the steps below.

The district court sends letters automatically to all registered heirs based on information in the population register (Folkeregisteret). The letter explains the three settlement options and reminds you of the deadline. Read it carefully and keep it safe — it is your starting point for everything that follows. If the letter has not arrived within four weeks of the death, contact your nearest district court directly.

2. Get an overview of assets and debts

You do not need a complete and final inventory at this stage — that comes later, once the probate certificate has been issued. For now, you need enough information to answer one key question: does the estate own more than it owes? Useful steps include checking gjeldsregisteret.no for consumer debt, contacting the banks for balance summaries, and checking the land registry for any mortgages or liens on property. Be particularly alert to debts that might not be immediately obvious, such as guarantee obligations or outstanding tax claims.

A useful tool at this stage is the formuesfullmakt (financial information authority). This is a document the district court can issue to an heir shortly after the death — well before the probate certificate arrives. With it, you can obtain the deceased's most recent tax return and request balance and debt information from banks and other financial institutions. Contact the district court where the deceased was registered to request one.

3. Publish a creditor notice (proklama) if there is any doubt

If you are uncertain whether the deceased had more debts than assets, ask the district court to publish a proklama before you consider taking on a private settlement (privat skifte). A proklama is published in Norsk Lysingsblad and gives creditors six weeks to register their claims against the estate. The order here is critical: you should wait until the full six-week period has expired before signing a private settlement declaration. The moment you sign, you take on personal liability for all of the estate's debts — including those you were unaware of. Letting the six weeks pass gives you full information and a safe basis for your decision.

4. Choose the settlement type — the most important decision

Private settlement (privat skifte) is the most common choice. The heirs manage the settlement themselves, and at least one heir takes on personal liability for all estate debts. It is faster and less expensive than the alternatives, but requires confidence that the estate is solvent. Note one important exception: if the estate's total assets are worth less than 3G (three times the national insurance basic amount), the heirs' liability is capped at the value of those assets — they cannot be held liable for debts exceeding what the estate is actually worth. If the assets are worth 3G or more, full personal liability for all debts applies.

Public settlement (offentlig skifte) means the district court takes over management of the settlement. The estate bears the costs of this process, which can be significant. This is the right choice if heirs disagree, the debt situation is unclear, or no one is willing to take on personal liability.

Undivided estate (uskifte) is an option for a surviving spouse or a cohabiting partner with shared children. The surviving partner takes over the joint estate without an immediate settlement — the children's inheritance is deferred. For cohabiting partners, uskifte only applies if they have, have had, or are expecting shared children. In that case, it covers the shared home, car, jointly used holiday property, and ordinary household contents. Children from a previous relationship must give their written consent.

5. Submit the declaration before the deadline

Once you have reached a decision, submit the formal declaration to the district court. The deadline is 60 days from the date of death. If nothing is submitted by then, the court may impose a public settlement, which carries significant fees. Forms and guidance are available at domstol.no.

While working through the settlement decision, check whether the surviving partner may be entitled to an adjustment allowance (omstillingsstønad) from NAV, or to a survivor's pension (etterlattepensjon). Children under 20 may be entitled to a child's pension (barnepensjon). For occupational pensions, contact the relevant pension provider directly — while Statens pensjonskasse is notified automatically via Folkeregisteret, private occupational pension providers are not. It is also worth following up with any insurance companies you notified earlier to confirm that life insurance or group life insurance claims are being processed. A useful starting point for pensions is norskpensjon.no, which provides an overview of the deceased's pension agreements.

If the deceased owned property

It is worth clarifying the status of any property — checking whether there are mortgages, joint ownership arrangements, or whether the Agricultural Properties Act (konsesjonsloven) may apply. Decisions about whether to sell or retain property come later, but having this information now helps with the settlement decision.

If the deceased had a business

If the deceased ran a sole tradership (ENK) or owned shares in a company (AS), these assets are part of the estate. For a sole tradership, you will need to plan the wind-down or transfer of the business. For company shares, check the shareholders' agreement for any pre-emption rights or consent requirements from other owners. It is worth beginning to look into this now, as the process can take time. If you are unsure, contact an accountant or a lawyer with experience in commercial law.

Depending on the answers you gave at the start of the process, your personalised checklist may include additional tasks at this stage. This could include calculating the surviving spouse's share in joint property (boslodd), obtaining written consent from children from a previous relationship before choosing uskifte, or contacting the county governor (Statsforvalteren) regarding guardianship for minor heirs. Your checklist will show the tasks that are relevant to your situation.