The Probate Court – Free Meeting with a Probate Lawyer / Estate Administrator
Who Must Attend a Meeting at the Probate Court?
Following a death, the person or persons listed as the closest relatives in the death notification are summoned to a meeting at the Probate Court. The meeting at the Probate Court takes place approximately 4–6 weeks after the death. At this meeting, the Probate Court provides guidance on the choice of form of estate administration, and, as far as possible, the further administration of the estate is decided at the meeting. The Probate Court does NOT summon the deceased’s heirs to this initial meeting. The family member or relative who arranged the funeral must therefore contact the heirs before the meeting at the Probate Court so that it can be agreed how the deceased estate should be administered, including which form of estate administration should be used.
The lawyers at Advokathuset Bredgade assist with meetings at, among others, the Copenhagen Probate Court, the Probate Courts in Frederiksberg, Lyngby, Glostrup, Hillerød, Helsingør and Roskilde.
Free Meeting with a Probate Lawyer
Advokathuset Bredgade offers heirs a free meeting before they attend a meeting with the Probate Court regarding how the estate can be administered. At this meeting at Advokathuset Bredgade with the probate lawyer, the heirs can receive assistance in deciding how the deceased estate should be administered in order to achieve the best possible result. The lawyer also explains what will happen during the administration of the estate and how the heirs can best handle the estate to achieve the best possible result for them. The meeting is without obligation, and the heirs can subsequently choose to obtain assistance from the lawyer with the administration of the deceased estate.
Advokathuset Bredgade in Copenhagen has probate lawyers with extensive experience in advising on estate administration and inheritance. We assist and advise heirs on all practical and legal aspects of administering deceased estates – at competitive rates.
Please contact us to arrange a free meeting about estate administration. Our lawyers can provide advice to help you and your family through the administration of the deceased estate. Contact Advokathuset Bredgade for a free meeting
You can also contact lawyer Martine Lykke Tox, tel. 31 18 66 20, or lawyer Claus Christian Hansen, tel. 31 18 66 22, both experienced probate lawyers.
Administration of the Deceased Estate (Forms of Estate Administration)
A deceased estate can be administered in the following ways. The form of administration depends on who the heirs are and the value of the estate’s assets.
- Estate Transfer without Formal Administration (Funeral Expenses Transfer): This is possible if the deceased estate’s assets amount to less than DKK 45,000 (2019) – after payment of funeral expenses and debts secured by a mortgage or other security. In such cases, the estate is not formally administered. All the deceased’s assets are transferred to the person who was closest to the deceased and who applies to the Probate Court for the transfer. This applies regardless of whether the person is an acquaintance, neighbour or heir. It also applies even if the deceased had made a will. The deceased’s liabilities are extinguished.
- Undivided Estate: An option available to the surviving spouse if the marriage was subject to division of property (previously known as community property). It is a right to “postpone” the distribution of the estate among the heirs, thereby making it easier for the surviving spouse to continue living as before, for example by remaining in the family home. There are a number of conditions you should be aware of, and a lawyer specialising in estate administration can assist you. There are both advantages and disadvantages to remaining in possession of an undivided estate.
- Spousal Transfer: An alternative to an undivided estate if the spouses’ combined estate is relatively limited in value. In this case, the surviving spouse may receive up to DKK 780,000 (2019) without the heirs being entitled to inheritance or compulsory inheritance. This form of estate administration is also subject to a number of conditions that you should be aware of, and a probate lawyer can help clarify them.
- Private Estate Administration: A form of estate administration in which the heirs themselves are responsible for administering and distributing the estate, preparing statements for the Probate Court and the Danish Tax Agency, distributing the estate’s assets, paying any debts, etc. A condition for private estate administration is that all heirs agree to it. Private estate administration may, for example, be a good solution if you, as an heir, wish to have as much influence as possible during the administration and settlement of the estate. Some heirs handle the administration themselves, but many choose to seek advice from a lawyer specialising in estate administration. Some heirs also ask the lawyer to handle the entire estate administration, so that they only need to make decisions on significant matters based on the lawyer’s recommendations and receive regular updates. In this situation, the lawyer ensures that the legal process is carried out correctly, including compliance with statutory conditions and deadlines.
- Simplified Private Estate Administration: A form of administration similar to private estate administration, but with a somewhat simpler procedure. All heirs must agree, and the estate’s net assets must be below the basic allowance for estate duty of DKK 295,300 (2019), or the surviving spouse must be the sole heir and therefore not liable for estate duty. It is also a condition that the estate is not subject to estate income tax, that the deceased did not operate a business and that no heirs are represented by a guardian.
- Estate Administration by a Court-Appointed Estate Administrator: A form of estate administration in which the deceased estate is administered by an authorised estate administrator, who is a lawyer appointed by the Probate Court or designated as estate administrator in the deceased’s will. The estate administrator handles all matters relating to the administration of the estate and can also make decisions if the heirs disagree. Administration by an estate administrator is normally used where the heirs are minors, where the heirs are insolvent, where the deceased was insolvent or where the heirs do not agree on private estate administration.
In estate administration by a court-appointed estate administrator, the administrator is responsible for the entire legal and financial administration of the deceased estate. This includes securing and registering assets, assessing creditors’ claims, preparing the opening estate statement and final estate statement, and calculating and settling any estate income tax and estate duty.
The estate administrator makes the necessary decisions during the administration of the estate and ensures that the estate is settled correctly and in accordance with inheritance legislation and the rules of the Probate Court.
Administration by a court-appointed estate administrator is often used for estates involving special circumstances – for example, disagreements between heirs, insolvency, minor heirs or more complex financial transactions.
As can be seen, there are many options when choosing how to administer a deceased estate, and it can be difficult to determine which option is best. This is precisely why the meeting at the Probate Court is important, as it can provide clarification and information about the estate. If you choose to seek advice from a probate lawyer, the lawyer can also guide you so that you and your loved ones can get through the process as easily as possible.
Once it has been decided which form of estate administration the heirs wish to use, the Probate Court issues a certificate of estate administration in cases of private estate administration, allowing the heirs to begin administering the deceased estate, including dealing with the deceased’s assets, debts, expenses, income, preparation of accounts for the Probate Court and the Danish Tax Agency, calculation of any estate income tax, tax returns, calculation of estate duty and distribution of inheritance. Get an overview of the process with our checklist for private estate administration.
Private Estate Administration – When Do You Need a Lawyer?
The deceased estate can be administered through private estate administration if the heirs agree on private administration and the estate’s assets are expected to be sufficient to cover its debts. The heirs NO LONGER assume liability for debts owed to the deceased’s creditors. In private estate administration, it is often advantageous to contact a lawyer experienced in probate law and deceased estates who can handle the estate administration. The lawyer requests that the estate be released for private administration and cancels the meeting at the Probate Court.
Frequently Asked Questions
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Yes. Following a death, the Probate Court summons the heirs to a meeting regarding the administration of the deceased estate, and additional meetings can also be requested if necessary.
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A meeting at the Probate Court is typically brief – often 10–30 minutes – depending on the complexity of the estate and the matters to be discussed.
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The Probate Court checks, among other things, the identity of the heirs, the choice of form of estate administration, the estate’s solvency and whether the necessary information about assets and liabilities is available.
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The summons to the first meeting is normally issued within a few weeks to a few months after the death, depending on the caseload and scheduling of the Probate Court.
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You should be prepared to provide information about the heirs, the choice of form of estate administration and an overview of the estate’s assets and debts, and bring relevant documents.
