erfðaskráningar

Erfðaskráningar, often translated as "probate" in English-speaking jurisdictions, refers to the legal process of administering a deceased person's estate. This process is primarily handled in Iceland. It involves the court formally recognizing the validity of a will, if one exists, and then overseeing the distribution of the deceased's assets and the settlement of their debts according to the will or, in its absence, the laws of inheritance.

The primary goal of erfðaskráningar is to ensure that the deceased's property is transferred to the rightful heirs in an orderly and legally sound manner. This typically begins with the filing of a petition with the relevant district court, often by an executor named in the will or by an heir. The court then reviews the documentation, which may include the will, death certificate, and a list of assets and liabilities.

If there is no will, a process called "vanlögskipti" may occur, where the estate is divided among the legal heirs according to statutory provisions. The court may appoint an administrator to manage the estate if no executor is designated or if disputes arise. This administration can involve valuing assets, paying off creditors, and then distributing the remaining property to the beneficiaries. The entire process aims to provide legal certainty and finality regarding the deceased's affairs.