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. 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)
Research use: These records 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.

Record type: 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.

Time period: 1500 to present.

Contents: Name and age of testator, residence, heirs, relationships, description of land and property, date of will, signature, witnesses. Indexes.

Location: 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.

Percentage in Family History Library: Overall about 45%. The library has already acquired about 90% of will transcripts (1750-1848) as part of chancery records. Although most of the probate records of Denmark have been filmed, the Family History Library has not filmed any original wills.

Population coverage: 10%.

Reliability: Very good.

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.

The guardianship record usually has the following information:


 * Name of the ward or minor.
 * Sometimes age or birth date.
 * 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.)
 * Name of guardian and residence.
 * 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.

Research use: Very useful lineage-linking source. Relationship information is given so that blood lines of adoptees and orphans can be identified.

Record type: Records of those who have care of underage heirs after the death of parents.

Time period: 1570 to present.

Contents: Information about the ward and when and from whom (family member or other person) inheritance was received; information about the guardian and his relationship to the ward, and expenses charged to the estate. At times two generations are mentioned, when both parents and grandparents passed away during the ward's minor state. Dates of birth or christening may be given.

Location: National and provincial archives.

Percentage in Family History Library: 90%.

Population coverage: 10%.

Probate Word List
Following is a list of common words, phrases, and abbreviations used in probate records. For other Danish probate vocabulary lists, click here or here.

Word List of Household and Farm Items Often Listed in Probates
A aag, åg- shoulder yoke for carrying buckets arbejdsvogn- wagon

B bagetrug- bakers trough for kneading dough baller, baljer, ballie, balge med jernbånd- wooden tub with iron bands band- bands baandknif, båndkniv- small chopping knife becken, bækken- pan containing hot coals to heat the bed beester- beasts bench- bench beholder- container benklæder, beenklæder- trousers beslag- brackets, hardware beslagen vogn- wagon with metal brackets, not entirely of wood besætningen- herd bilægerkakkelovn- stove bismer- small portable scale blaa, blå- blue blaargarns, blårgarns- wool or linen cloth blaastribed- blue striped blick, blech lygte- small portable tin lamp boghylde- bookshelf bor- auger bord- table bornholmer- grandfather clock bryggerkedel- brewing kettle bryggkar, bryggekar- brewing vat brystdug- vest brændevin- alcohol bukser, buxer- trousers bulle, bol- a short top for women bul øxe, buløkse- forest ax bænk- bench bæster- beasts båbdknif- small chopping knife

C carter- cards for carding wool

D degntrug- wooden trough for bread kneading dragkiste- chest of drawers drejels, dreeils- hinge, pivot driftetrug, drøftetrug- low, open basket with handle which was used for cleaning grain dug- cloth, tablecloth dyne- quilt, duvet dørslag- colander dørslag- colander

E ege, eege- oak egebord- oak table egedragkiste- oak chest egekar oak vat egeskrin- keepsake box, sometimes with a lock degntrug- wooden trough for bread kneading dragkiste- chest drægtig- pregnant (livestock) drejels, dreeils- finer type fabric drifte trug, drøfte trug- grain cleaning trough dug- cloth, tablecloth dyne- quilt, duvet

F faar- sheep filtes- felted, made of felt fierding- a tub that can hold 25 kg fleske olle- meat brining vat forklæde- apron fyrre- pine fyrrebord- pine desk føl, følle- foal får- sheep får med grøde- pregnant sheep

G garvinde- yarn reel gestlinge- goslings giæs- geese giæs med grøde- geese with goslings glas- glass graa, grå- gray gravspade, grevespade- grave spade greeb, greb- grip, lever, handle grise, grisse- pigsgryde- piglets gryde- pot gul- yellow grøn- green grøde- pregnant or with eggs (livestock) gæs, giæs- geese gæslinger, geslinge- goslings

H haand qvern, håndkværn- hand mill, often used to grind malt for beer brewing haandøxe, håndøkse- hand ax haankattunsklæder, håndklæder-towels hakkebret, hakkebræt- chopping board halskobbel, halskoppel- horse harness halstørklæde- scarf or muffler hampe- hemp hand qvern- hand mill haspe- type of yarn winder hat- hat hauger, haver- removable wagon sides hempharve, harver- harrow or cultivator hengeskab- hanging cupboard hest, hæst - horse hestføl- very young foal hestplag- colt himmelseng- poster bed hingst- stallion hingsteføl- very young foal hjørneskab- corner cabinet hoppe- mare hose- hose, knitted long stockings hoveddyne- pillow hovedpude, hoved pude- pillow hue- cap huge block, huggeblok- chopping block hvergarns- linsey-woolsey hvid- white hæst, hest- horse høelee, høle- scythe hør- linen hørlærritz, hørlærred- made of linen håndklæder-towels håndkværn, haand qvern- hand mill, often used to grind malt for beer brewing

I ildtag- fire poker

J jakke- jacket jern- iron, stove jernbilæggerkakkelovn- stove jernbaand, jernbånd- iron bands jernbismer- small portable scale made of iron jerngryde- iron pot jernpande- iron pan jern vægge- iron wedge for wood splitting, etc.

K kaabe- cloak kaaber- copper kaarsklæder- light, usually fitted, scarf to put over a woman's hat kakkelovn- stove kalfve, kalve- calf kande- jug kappe- cloak kar- vessel, vat karter- wool carders, a flat brush for straightening wool strands before spinning them into yarn karstol- three-legged stool or stand for holding vats and tubs kasket- cap kartuns, kattuns- made of cotton keddle, kiedel- kettle kedelkrog, kedelskrog, kjedelskrog- kettle hook kierne- churn kiol- mens formal jacket kiør- cows kjedelskrog- kettle hook kjole- men's formal jacket kjole og hvidt- women's formal dress kiste- chest klæde kiste- dress chest klæde skab- wardrobe, upright clothes chest knapper- buttons kniplinger- lace kniv- knife koe, ko- cow komfur- stove konvolut- cap kopper- copper kornharpe- type of upright sieve machine for cleaning grain krave- collar krukke- crock kuvert- hat krave- cows krus- pottery mug kvern- mill kvie, qvie- heifer kviekalve- heifer calf kvæg, qveeg- cattle kærne- churn køer- cows kørekappe- driving jacket, cloak, or cap kåbe- cloak

L

lagen- sheet lam, lamb- lamb lehnestoel, lænestol- armchairs ler- clay leerfad, lerfad- pottery dish, plate, cup, etc. lin, liin- linen lyddæmper- muffler lysesaks, lyse sax- candle snuffer with a scissor-like hinge læder- leather lædersele- leather harness for a horse lænestol, lehnestoel- armchairs løgte- lamp

M madskab- wooden upright food pantry mangle fiel og stok- clothes press that used a wooden roller manglebrædt og stok- clothes press that used a wooden roller malkekande, mælkekande- milk jug malet- painted messing- brass messingbækken- brass pan which held hot coals to heat the bed meye or meje jern, mejetøj, mejered- iron tool for harvesting corn morter- mortar (for use with pestle for grinding) møbler- furniture mønstrede- patterned

N nattrøye- night shirt naur- auger nederdel- skirt

O okse- ox olmerdug, ulmerdug- striped fabric made in Olmer, Germany olle- oil otting- container that held an exact measurement of 12.5 kg overdyne- duvet cover ovn- stove

P pande- pan papir- paper penge- cash peber qvern, peverkværn- pepper mill plag- colt plove- plow plove med behor- plow with accessories porcellæn- porcelain prykket- dotted pude, puude- pillow pudevår- pillowcases pynteærmer- interchangable dress sleeves pyntetørklæde- decorative scarf pyramide- pyramid-shaped shelf

Q qveeg, kvæg- cattle qvern- mill qvie, kvie- heifer qvie kalfe- heifer calf

R rede penge- ready cash redskaber- tools rist- 3-legged grill rack riveiern, rivegern- grater rok- spinning wheel rød- red

S saks, sax- scissors saltkar- small salt container selde- flat straw basket for sifting flour seletøj- harness for a horse seng- bed sengested- bedstead serker, særke- petticoat siebøtte- wooden bowl with a cloth in the bottom for straining milk sigte- sieve sikar- wooden bowl with a cloth in the bottom for straining milk sjal- shawl skab- cabinet ske, skeer- spoon, spoons skieppe, skæppe- 20-liter container skind- skins, pelts, or leather skindbuxor- buckskin pants skiorte, skjorte- shirt skiær, skære bænk- cutting bench, workbench skiære kiiste, skærekiste- "cutting chest", or chest holding mounted tools which were used for cutting animal feed skielderier, skilderier- painting or photgraph sko, skoe- shoes skære (skiær) bænk og kniv- cutting table and knife skørt, skiordt- skirt slagbenk, slagbænk- daybed, bench sliibe steen, slibesten- grindstones slæde- sled småsvin- piglets sold- sieve or screen spade- spade or shovel spand- bucket spejl- mirror spinderok- spinning wheel spisebord- dining table spender, spænder- buckles spæde kalve- infant calf stager- candlesticks, usually with a stand standtønder- food storage barrels stander seng- floor bed steen kruuse med laag- tea mug with lid stegepande- frying pan stettins tallerken- tin-enameled plate stie, stige- laddar stol, stoele, stole- chair, chairs stort- large, high stribet- striped strippe- wooden scoop strygejern- an iron strømber, strømper- stockings stud kalv, studekalv- steer calf studlinge- steer calf stueur, stueuhr- clock støvler- boots sviin, svin- pigs sæde- seat

T tabel- table taburet, taberet- stool taft- taffeta tallerkne, tallerken- plate tavle- table tel økse, tælleøkse- small ax with a broad blade and a shaft that bent slightly outward tengsel- small ax for hollowing out wood ternet- checkered thepotte- teapot tilbehør- attachments, accessories tin- tin or pewter tinkrus, tinkruus- tin cup tintalerkener- tin or pewter plate tragt- funnel trefoder- tripod for placing cookware over a fire tromle- barrel or drum trug- trough træ- wooden træbismer- small portable wooden scale trækar- wooden container træskoe, træsko- wooden shoes træhaver, træe haver- wooden extensions for wagon sides trøje- sweater tækkelad- a kind of wide ladder which can be hung below the roof thatching tøj- clothes tønde- barrel tørklæde- head scarf tørvespade- peat spade

U ulmerdug, olmerdug- striped fabric made in Olmer, Germany underkjole- petticoat underdyne- type of quilt where a person lies on one side and covers themselves with the other side ungsvin- young pig

V vaar, vår- pillowcases vadmel- homespun vandspand- water bucket vanter- mittens vest- vest vin- wine vindovn- stove with combustion door facing the living room vogn- wagon vraaskab- corner cabinet vugge- crib væder, vædder- ram vægge- wedge

Æ ærmer- loose, dressy sleeves which were interchangable with different vests

Ø øl, ølle- ale, beer ølflaske- beer bottle øl kande, ølkande- beer jug or pitcher øltragt, ølle tragt- funnel for pouring beer into bottles øreballie, ørebalje- wooden tub with ear-shaped handles øxe, økse- ax

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.