What Should You Do in Practical and Legal Terms?
Following a death, several practical and legal matters need to be dealt with. You can arrange a free meeting with Advokathuset Bredgade to receive practical and legal guidance. Here is a checklist to provide an overview:
1. Funeral Director
First, the funeral director is contacted, and the details surrounding the death and the funeral must be arranged together with the heirs.
The deceased’s estate covers the funeral expenses. If there are insufficient funds in the estate to cover the funeral, the person arranging the funeral must pay the expenses. No one is obliged to arrange a funeral, not even the spouse. If no one is willing to arrange the funeral, the municipality must do so. The funeral director reports the death to the parish priest. Notification of a death takes place in accordance with the rules on borger.dk.
2. The Priest
If a priest is to officiate at the funeral or cremation service, the priest is also contacted to arrange when the ceremony will take place. The relatives normally have a conversation with the priest to agree on how the funeral or cremation service in the church or chapel should be conducted, which hymns should be sung and what the priest should include in the memorial address about the deceased. The parish priest reports the death to the Civil Registration Office, the Probate Court and the social services administration.
3. Freezing of the Deceased’s Bank Accounts
After the death has been reported to the Civil Registration Office, the deceased’s bank accounts, including joint accounts, are frozen. It is therefore not possible to withdraw money from them until after the first meeting at the Probate Court. If you are the surviving spouse, you should therefore ensure that your salary, pension or other income is not paid into a frozen account.
The deceased’s insurance company, trade union and telephone company, as well as public authorities and others, are also automatically notified of the death by the Civil Registration Office, and the relevant administrative procedures are initiated.
4. The Probate Court
The Probate Court summons the person who arranged the funeral to a meeting at the Probate Court 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. 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.
5. Before the Meeting at the Probate Court – What May the Heirs Do?
Until the Probate Court has decided how the estate is to be administered, the relatives must ensure that the deceased’s assets are kept safely, and the heirs must not dispose of the deceased’s belongings and may therefore not clear the deceased’s home of furniture.
However, in special circumstances, the Probate Court may permit a home to be cleared if all heirs agree. It is also not permitted to withdraw money from the deceased’s bank accounts or use the deceased’s cash. The deceased’s bills, such as rent, should not be paid either.
Cancellation of the Meeting at the Probate Court
The meeting at the Probate Court is cancelled if, before the meeting, the heirs, typically through a lawyer, request that the estate be released for private estate administration, or the surviving spouse requests to remain in possession of an undivided estate. Following a death, a lawyer can provide practical and legal advice on the administration of the deceased estate.
By choosing to obtain advice from a lawyer, you also protect yourself against the consequences of errors in the administration of the estate, both through the lawyer’s expertise and professional indemnity insurance. You should therefore consider seeking legal advice following a death. The lawyer’s fee is paid from the estate’s funds and can be deducted in the final estate statement in the same way as, for example, funeral expenses.
Free Meeting with a Probate Lawyer
Advokathuset Bredgade offers heirs a free meeting before they attend a meeting at 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. The lawyer will also assess whether the deceased estate would benefit from private estate administration.
The lawyer also explains what will happen during the administration of the deceased 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 has probate lawyers with extensive experience in advising on inheritance and estate administration. We assist and advise heirs on all practical and legal aspects of administering deceased estates.
Please contact us to arrange a free meeting about estate administration before the first meeting at the Probate Court. Our lawyers can provide advice to help you and your family through the administration of the deceased estate. You can read more about estate administration and inheritance here.
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.
Frequently Asked Questions
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Immediately following a death, the death must be certified by a doctor, after which the closest relatives, the funeral director and, where relevant, the deceased’s general practitioner or nursing home/nursing home staff must be informed.
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The funeral director is typically contacted as soon as the death has been certified and the relatives have been informed, so that arrangements for transport, the funeral/cremation service and practical formalities can begin.
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The Probate Court is normally contacted in connection with the administration of the deceased estate, usually once the heirs have been identified and a decision must be made regarding the form of estate administration. There is no requirement to contact the Probate Court before this stage.
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It is important to locate the death certificate, personal documents, will, bank statements, property documents, insurance policies and any powers of attorney, as these are used in the administration of the deceased estate.
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Legal assistance should be sought at an early stage, particularly if the estate is complex, there are disagreements between the heirs, uncertainty about the form of estate administration or a need for the correct handling of wills, debts and tax matters.
