Checklist for Private Estate Administration
- Decision on private estate administration, administration by a court-appointed estate administrator or undivided estate – advantages, disadvantages and liability
- Powers of attorney from the heirs
- Application for a certificate of estate administration sent to the Probate Court
- Notice to creditors published in Statstidende (the Danish Official Gazette)
- Tax information obtained and reviewed
- Bank information obtained and reviewed
- Documents and correspondence relating to the estate reviewed
- Correspondence with the Probate Court
- Keeping all heirs informed throughout the administration of the estate
- Cancellation of subscriptions, etc.
- Closure of any social media accounts, e.g. Facebook, LinkedIn, Instagram, etc.
- Payment of bills
- Debts recorded and assessed/paid
- Assets valued by an expert, e.g. house, business, furniture, art, etc.
- Possible sale/transfer of assets, e.g. sale of real estate
- Possible registration of transfers of assets in the Land Register
- Opening estate statement prepared and submitted to the Probate Court and the Danish Tax Agency (no later than 6 months from the date of death)
- Tax matters relating to the deceased estate assessed and any necessary tax return prepared and submitted
- Calculation of estate duty (previously inheritance tax)
- Final estate statement prepared and the cut-off date determined (no later than 12 months from the date of death)
- Final estate statement submitted to the Probate Court and to the Danish Tax Agency for approval (no later than 15 months from the date of death)
- Estate duty paid to the Probate Court following approval by the Danish Tax Agency
- Distribution and payment of inheritance
- Closure of the estate’s bank accounts
Assistance with Estate Administration from Advokathuset Bredgade
If the heirs wish to have a lawyer from Advokathuset Bredgade handle the administration of the deceased estate, the fee will be determined by the amount of time required for the case. An ordinary deceased estate normally requires 10–20 hours, and the fee is calculated according to the firm’s hourly rate. The estate administrator’s fee can be deducted in the final estate statement and therefore provides a deduction when calculating estate duty. The fee is paid by the deceased estate on an ongoing basis during the administration, when sufficient funds are available in the estate.
A meeting at Advokathuset Bredgade before a meeting with the Probate Court is free of charge.
In addition to the lawyer’s fee, the estate must pay estate duty, any court fees, disbursements, etc. Estate duty is not payable until the administration of the estate is nearing completion.
Frequently Asked Questions
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First, the heirs must choose private estate administration, notify the Probate Court and obtain an overview of the deceased’s assets and debts so that the estate can be properly accounted for.
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You will typically need a death certificate, details of the heirs and their order of succession, bank statements, property information, wills and a statement of debts, as well as any powers of attorney and insurance documents.
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A number of deadlines apply during the administration of the estate, and the Probate Court determines the detailed framework for the process.
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The notice to creditors must be published early in the process so that creditors have the opportunity to submit their claims before the estate is finalised. The Probate Court provides guidance on timing and scope.
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Typical mistakes include failing to account for debts, errors in the valuation of assets, failure to notify creditors, choosing the wrong form of estate administration and insufficient documentation of the estate’s values.
