Probate procedures – estate administration forms
When a person passes away, the estate must be administered through a legal probate process. The chosen procedure depends on the circumstances of the estate and the heirs. At KROMANN Law Firm, we have many years of experience in inheritance law and estate administration, and we guide you safely through the entire process – from initial contact with the probate court to final settlement of the estate.
Below is an overview of the main forms of estate administration:
Private administration (private probate)
If the heirs agree and meet certain conditions, the estate can be handled as a private administration. The heirs themselves are responsible for managing the estate, including reporting to the probate court and the tax authorities.
This typically requires that:
- The estate has sufficient assets to cover debts
- At least one heir is solvent
- There is no conflict with a will
Private administration is often chosen when there is trust and agreement among the heirs.
Simplified private administration
If the estate is exempt from inheritance tax and all heirs are close family members, a simplified procedure may be used. This allows for a faster and less complex settlement process compared to ordinary private administration.
Small estate distribution (boudlæg)
If the estate is very small (approximately under DKK 52,000), it may be settled as a small estate distribution. The estate is then typically transferred to a close relative or the person who has covered the funeral expenses.
The recipient only assumes responsibility for funeral costs and not the deceased’s debts.
Undivided estate (uskiftet bo)
If the deceased leaves behind a spouse and joint children, the surviving spouse may choose to continue in an undivided estate. This means that the estate is not divided until the surviving spouse passes away or chooses to settle it later.
Spousal estate transfer (ægtefælleudlæg)
If the total combined assets of the deceased and the surviving spouse are below a certain threshold (approximately DKK 910,000), the entire estate can be transferred to the spouse without inheritance tax. The spouse takes over both assets and liabilities.
Executor administration (bobestyrerbehandling)
If there is insolvency, conflict between heirs, or special instructions in a will, the probate court may appoint a professional executor – often a lawyer – to administer the estate.
This ensures a fair, structured, and legally correct handling of the estate.
Professional help with estate administration
Choosing the right probate procedure can be complex. At KROMANN Law Firm, we specialise in estate administration and assist heirs throughout the entire process – from the initial probate court contact and selection of procedure to preparation of estate inventory and final distribution.
We can also act as court-appointed executors if needed, ensuring professional handling of all legal and practical matters.
Contact KROMANN Law Firm at +45 8618 1102 or email kontakt@advokatkromann.dk for assistance.
