Permission to sit in an undivided estate

The surviving spouse may not be granted permission to sit on an unallocated estate if the deceased has decided in his or her will that the exchange should take place after his or her death.

The claimant and the deceased person were married. A cohabiting partner who was cohabiting with the deceased but not married cannot apply for a licence to sit in an unallocated estate.

The surviving spouse may not be the sole heir of the deceased, but the deceased must have had descendants alive.

Married couples must have had some matrimonial property. If the deceased owned private property, the property must be exchanged before the licence can be issued. This does not apply if it states in the marriage settlement that the separate property shall become matrimonial property after death.

If the deceased disposed of inheritance by will may have to conclude the exchange of such assets before the licence can be issued.

If the surviving spouse is deprived, he/she may not obtain a licence to reside in an unified estate without the consent of the supervisor of guardians (district commissioner).

The surviving spouse must have custody of the estate. The estate may not be subject to bankruptcy proceedings.

The debts of the surviving spouse may not exceed the assets.

The surviving spouse must be able to manage his or her finances.

If consent is needed from other heirs of the deceased, these must be available.

If an heir has submitted a request for the official exchange of an estate on death in the district court, a licence to sit on an unrelated estate shall not be issued unless the district court rejects this request.