Denmark Probate Records

Introduction
Probate records are court records that describe the distribution of a person's estate after death. Information in the records may include the death date, names of heirs and guardians, relationships, residences, an inventory of the estate, and names of witnesses.

These records are very helpful for research because in many areas the authorities began recording probate actions before birth and death records.

Probate records were not created for every person who died. The probate law of 1683 stated that probate was necessary if a parent died and left children that were not of age (age 25). Often an estate was probated even if the children were of age.

Although probate records are one of the most accurate sources of genealogical information, the relationships noted in the records may not always have the same meaning today. For instance, a brother-in-law may be recorded as a brother, because legally that made no difference.

From the fourteenth century in Denmark, the foged (bailiff) was responsible for law enforcement in his bailiwick. Late in the sixteenth century the sorenskriver (scribe) in the bailiff's office was appointed to take care of probate cases and prepare the legal documents in connection with the probate. Later the title of sorenskriver took on the meaning of probate judge.

Main types of probate records include the following:


 * Dokumenter til ordincere Boer [documents for common inhabitants]
 * Forseglingsprotokol [records with seals]
 * Behandlingsprotokol [hearing records]
 * Registreringsprotokol [registration records]
 * Registre [indexes]
 * Reparitionsprotokol [restitution records]
 * Gjeldsbog [debt book]
 * Decisionsprotokol [judgement records]
 * Kvitteringsbog [receipt book], etc.

A single probate may be found mentioned in several of these volumes, or might be listed only in the forseglingsprotokol. The Forseglingsprotokol and the dokumenter til ordinære Boer are the best places to start.

The Probate Process
Before 1683, probate records were often part of the general court records. The probate process began when the authorities were notified of a death. Thirty days after notification, the authorities held a registration of the estate at the home of the deceased. If the deceased was a parent, the surviving spouse and all children still living at home were to be present. All heirs not living in the parish were allowed a certain time to present themselves to the court. The time allowed was based on how far they had to travel. If a widow was pregnant when her husband died, she had the right to keep possession until after the child's birth. All guardians had to be present when the estate was divided.

The probate document was signed by all heirs or their guardians and by the probating authority.

No widower or widow could remarry before the estate had been settled in probate. However, a surviving spouse could receive permission from the court to live in an unprobated estate (uskiftet bo). Under this provision, there could be no distribution of inheritance to the heirs unless the surviving spouse remarried, died, or requested a distribution.

All legal heirs who could not manage their own affairs were to have a guardian appointed in their behalf. The law stated that the child's closest relatives were to be appointed guardian, the father's relatives first, then the mother's. If no relatives were available, then the court appointed a guardian. A widow could choose her own guardian subject to the court's approval.

Records of guardianship may be kept separately from other probate papers, or a different court may have jurisdiction over guardianship.

To view records examples of skifteprotokollerne (administrations of estates) with translations click here.

Copenhagen: 1670-1771
There were 13 different probate courts in Copenhagen (see the article Copenhagen Probate Jurisdictions). The four largest were the following:

1. Magistrats skiftekommission, 1681-1781 (Magistrate's probate commission, also called Byretten or city court). These records are for the commoners of the city. There is an index on FHL film 0045256 and 0044771, and these records are found on films 0044772-0045255.

2.Hofretten, 1679-1771 (Castle Court). This court was for high civil officials. Index, FHL film 0044596; probates FHL films 0044597¬0044688.

3. Borgretten, 1682-1771(Citizen Court). This court was for the lower civil officials and employees. General index FHL film 0044689 probate records FHL films 0044690-0044770.

4.Underadmiralitetsretten, 1670-1779 (Lower Admirals Court). For navel non-commissioned (officers with rank lower than Captain). Records on FHL films 0048030¬0048113.

Other probate court records for this time period that have not been filmed include the following:


 * Regimentasauditørerne (Military Court, for enlisted men in the army)


 * Søetatens General Auditør (Military Court, for navel none-commissioned officers)


 * Universitets Skiftejurisdiktion (University Court, for students, many no longer exist)


 * Den Gejstlige Skiftejurisdiktion (Ecclesiastical Court, for clergy and related personnel, most no longer exist)


 * Vajsenhusets Skiftejurisdiktion (Orphan-house Court, for personnel of the orphan house, records no longer exist)


 * Frederiks Hospitals Skiftejurisdiktion (Hospital Court, for personnel of the hospital, records no longer exist)


 * Det Asiatiske og det Vestindisk-Guineiske Kompagnis (The Asiatic and West Indies-Guineas Company, for employees in Copenhagen and the colonies)


 * Jødernes Skiftejurisdiktion (Jewish Probate Jurisdiction, many Jews listed in the Magistratens Skiftekommision listed above).

Copenhagen: 1771-1861
Most probate records in Copenhagen for this time period were handled by a single probate commission. For the period 1771-1803 they are listed under the Stadsretten (City Court; FHL films 0045257-0046190) and from 1804-1862 under the Landsretten (Land Court; FHL films 0046191¬0048027). These records are divided in two ways: by record type (see above under indexes) and then by classification.

Within each record type there are nine groupings as to the classification of those for whom a probate was held (the catalog does not show which groups are on which film, so you may wish to consult the book, Register of Danish estate probates:Copenhagen county, 1701-1820; FHL book 948.911 P23c; film 0599138, item 3). I. High civil officials and commissioned officers II. Other civil officials, clerks, secretaries,book keepers, etc. III.Clergy, professors, students, and workers at schools, hospitals, and the church IV. Citizens of higher reputation and wealth V. Artist, tradesmen, etc. VI. Persons of no great means VII. Servants VIII. Enlisted men of the navy and merchant marines IX. Enlisted men of the army.

Copenhagen: 1861-1912
The nine classifications from the earlier period were regrouped into six. Class III was grouped with Class II. Classes VII-IX were combined to a new Class III. These later records were listed under the title Den kongelige Lands-over- samt Hof og Stadsret i København (The royal provincial, as well as castle and city court in Copenhagen; FHL films 0520496¬0521527,0517662-0517794).

The Reparitionsprotokol [restitution records] from 1863¬1910 are filed separately (FHL film 0517795¬0517840), as are a set of records called Børn og hospitalslemmer (Children and hospital inmates; FHL film 0517868-0517897).

Wills and Indexes (Testamentprotokoller med Indexer)
These records are legal declarations of a person's desires for the disposition of his property or estate after his death. Generally only the upper and middle classes had wills. The peasant classes are most often found only in the probate records. Most original will books include indexes. Transcripts of wills were sent to the Chancery to be confirmed. After 1848, the Ministry of Justice (Justitsministeriet) kept copies of all wills.

These are useful linkage sources for the upper and middle classes. They give family relationships. They are difficult to use without the indexes; The indexes are needed to effectively locate individuals in the wills. Records are available from about 1500. There is a large collection of original will books (including indexes) in the National Archives that goes up to 1925. Many original wills are in the provincial archives, under the “amts” jurisdiction up to 1933.

Records may contain:
 * Name and age of testator
 * Residence
 * Heirs
 * Relationships
 * Description of land and property
 * Date of will
 * Names of witnesses

For more information about wills, see this article.

The Availability of Probate Records
Before the 1683 law, probate was held only when there were problems in dividing an estate. After 1683 the probate records are separate from the other court records and handled by the probate judge.

Probate records for clergy, schoolteachers, and military officers were often kept separate from the regular probate jurisdiction. Church officials would conduct probate for a priest or a schoolteacher, and a commanding officer for a military officer.

The Family History Library has an excellent collection of probate records from many areas of Denmark. These are listed in the catalog under DENMARK, COUNTY, PARISH - PROBATE RECORDS. Most records have separate name indexes in either the beginning or the end of the record. Also check the catalog under DENMARK, [COUNTY], [HERRED] - PROBATE RECORDS.

Some wonderful indexes have been prepared to these various records by the Land Archive for Sjælland and are found at both the Landsarkivet and the Family History Library on microfiche, the most extensive index being for the Forseglingsprotokoller:


 * Forseglingsprotokoller 1720-1919 (FHL fiche 6030293-60401670).
 * Ordinære boer 1660-1771 (FHLfiche 6030251-6030255).
 * Konceptskrifter [draft probates] 1660-1771 (FHL fiche 6030238-6030250).
 * Behandlingsprotokoller 1715-1771 (FHL fiche 6030233-6030237).
 * Samfrændskifter [relative probates] 1771-1810 (FHL fiche 6030270-6030271).
 * Eksekutorboer [executor estate] 1790-1919 (FHL fiche 6030256-6030269).

Guardianship Records (Overformynderiprotokoller)
Guardianship records are a good supplement to the probate records. Their use is twofold: First, they replace missing probate records. Second, they provide information concerning a minor's later destiny. Records date from 1570. At times two generations are mentioned, when both parents and grandparents passed away during the ward's minor state.

The guardianship record usually has the following information:
 * Name of the ward or minor.
 * Sometimes age or birth date and place
 * Name of guardian and residence.
 * Relationship, if any to the ward
 * Date on which the inheritance was paid to the court and the estate reference involved. (If the inheritance comes from one or several sources, each document is referred to with the amount.)
 * Date on which the inheritance is paid to the ward or minor.
 * Status of the ward at the time the inheritance is paid, indicating a place of residence if different from the original probate record
 * Expenses charged to the estate

Websites

 * 1674 - 1851 - at FamilySearch — index and images
 * Mary's Genealogy Treasures - Denmark
 * Faester og Skifter - Fights and Shifts
 * Aurelia-Clemons Genealogy Research - Probate extractions for many areas of Denmark - complete film done, NOT just those related to me, a given surname or area. Also a guide to finding parishes within estate jurisdictions on Sjaelland.
 * Probate extractions ('skifteuddrag') for some estates, hundreds, and larger cities in Jutland, as well as probates for members of the clergy for the whole country. In Danish only.
 * Stedregister til Nørrejyske Godsarkiver A guide to finding parishes within estate jurisdictions in Jutland (except Southern Jutland). In Danish only.
 * Probate extractions from the registers of estate jurisdictions in Vendsyssel (north of Limfjorden) 1707-1851. You can view all names listed in an estate, or search for a specific name. In Danish only.
 * Probate extractions from estate jurisdictions in Northern Jutland. In Danish only.
 * Search engine for probates in Denmark. In Danish only.
 * Death certificates in Denmark until 1940
 * Probate records
 * Denmark Probate Records In Danish only.