Best Probate Lawyers in Kalundborg

About Probate Law in Kalundborg, Denmark

Probate in Denmark is called skifte and is handled by the local probate court called Skifteretten. If the deceased lived in Kalundborg, the matter is typically administered by Skifteretten at Retten i Holbæk, which covers the Kalundborg area. The probate process identifies heirs, settles debts and taxes, and distributes assets in accordance with a will or the Danish Inheritance Act if there is no will. Bank accounts and other assets are usually frozen when a death is registered, and they are only released once the court issues a skifteretsattest that authorizes the person or administrator responsible for the estate.

Danish law offers several ways to administer an estate. These include private administration by the heirs called privat skifte, court-appointed administration called bobestyrerbo, small estate procedures such as boudlæg and ægtefælleudlæg, and in some cases the surviving spouse may choose to keep the estate undivided called uskiftet bo. The appropriate path depends on factors such as the size of the estate, whether there are debts, whether there is a will, and whether the heirs agree.

Most communication with authorities in Denmark happens via Digital Post and MitID. In practice, a funeral director often helps file the initial death notice, after which the probate court contacts a designated contact person for the estate with information about the available options and next steps.

Why You May Need a Lawyer

Many estates in Denmark can be handled without a lawyer, but legal assistance can add clarity, ensure deadlines are met, and prevent costly mistakes. Consider hiring a lawyer if any of the following apply:

You need guidance choosing the right administration form, for example between privat skifte, bobestyrerbo, boudlæg, ægtefælleudlæg, or uskiftet bo.

The estate owns real property, a business, shares in a company, or other complex assets that must be valued or sold.

The estate may be insolvent or near insolvent, and you need to avoid personal liability for debts.

There is no clear agreement among heirs, or there are disputes about a will, gifts made before death, or the division of assets.

There are minor heirs or an heir under guardianship, which imposes special safeguards and court oversight.

There are cross-border elements, such as assets abroad, foreign heirs, or a deceased person who lived outside Denmark for part of their life.

You have questions about inheritance tax called boafgift, deductions, exemptions, or how to structure distributions to minimize tax within the law.

You need to verify or challenge the validity of a will, or an executor called testamentsfuldbyrder has been appointed.

Local Laws Overview

Danish Inheritance Act called Arveloven sets out who inherits if there is no will and protects the forced share called tvangsarv for a spouse and descendants. The forced share is a portion of the estate that cannot be taken away in a will. If there is no spouse or descendants, parents and then siblings may inherit under the law.

Danish Probate Act called Skifteloven governs how estates are administered. Key points include the probate court’s role, available administration types, deadlines for filing the estate inventory and final estate accounts called boopgørelse, and the appointment and duties of a court-appointed administrator in bobestyrerbo.

Small estates may qualify for simplified procedures. Boudlæg allows very small estates to be transferred to a relative or to cover funeral expenses. Ægtefælleudlæg allows a surviving spouse to take the estate up to a legally set value. There is also forenklet privat skifte, a simplified form of private administration in suitable cases.

Uskiftet bo allows a surviving spouse in some situations to postpone division with the children and continue the community of property. This requires that certain conditions are met, that the estate is solvent, and that any children from prior relationships give consent when required.

Inheritance tax called boafgift is payable by most heirs except a spouse. Recognized charities may be exempt. An additional tax may apply to heirs who are not close relatives. Thresholds and rates can change, so check current guidance from the tax authority before making distributions.

Denmark is not bound by the EU Succession Regulation. Cross-border estates are handled under Danish private international law and any applicable conventions. If the deceased had ties to more than one country, specialized advice is important.

In the Kalundborg area, Skifteretten at Retten i Holbæk handles probate cases, issues the skifteretsattest, and records wills registered in the Central Register of Wills. Notarial wills can be executed before a notary at the court.

Frequently Asked Questions

How does a probate case start in Kalundborg?

After a death is registered, the probate court identifies a contact person for the estate and sends information about the available administration options. The contact person or the heirs inform the court which option they choose. The court then issues a skifteretsattest to the authorized person or appoints a court administrator if needed.

Which court handles probate for Kalundborg?

Probate matters for residents of Kalundborg are generally handled by Skifteretten at Retten i Holbæk. That court oversees estates, issues certificates, and supervises administrators.

How long does probate take?

Simple small estates may be finalized within weeks or a few months. Private administration typically aims to complete within about 12 months from the date of death, with extensions possible. Court-administered estates often take longer, especially if there are sales of property, tax issues, or disputes.

Can the surviving spouse choose uskiftet bo?

Often yes, if the estate is solvent and legal conditions are met. Consent from children of the deceased from prior relationships is usually required. Uskiftet bo is a significant decision with legal and financial consequences, so get advice before opting in.

What happens to bank accounts and property after death?

Banks and financial institutions freeze accounts when notified of the death. Access is granted when the court issues a skifteretsattest or appoints an administrator. Real estate cannot be transferred or sold until the authorized person is in place and the legal steps are taken.

Are there taxes on inheritances?

Yes. Most heirs pay boafgift. A spouse is exempt. Certain beneficiaries may face an additional tax. There is usually a tax-free allowance for the estate before calculating tax. Rates, allowances, and exemptions change from time to time, so check current guidance from the tax authority or a lawyer.

What if the estate has more debts than assets?

Do not accept private administration if the estate may be insolvent. Ask the court to appoint an administrator for an insolvent estate. This shields heirs from personal liability for the deceased’s debts and ensures creditors are treated according to the law.

Do I need a lawyer for a simple estate?

Not always. For a straightforward small estate where heirs agree, you may complete the process with guidance from the court’s letters and forms. Still, a brief consultation can help you choose the right procedure and avoid delays.

What if there is no will?

If there is no will, the estate is distributed under the Danish Inheritance Act. The spouse and children inherit first. If there are no descendants, parents and then siblings may inherit. The probate court will confirm the heirs before distribution.

How are business assets and real property handled?

Shares in a business or real estate typically require valuation and sometimes a sale. You may need approvals, updated land registry entries, and careful tax planning. A lawyer or court-appointed administrator usually handles these steps to comply with deadlines and protect the estate.

Additional Resources

Skifteretten at Retten i Holbæk - The local court handling probate for the Kalundborg area. Contact the court for information about filing, certificates, and notarial appointments.

Kalundborg Kommune Borgerservice - Municipal citizen service that can guide you on practical steps following a death and local administrative matters.

Skattestyrelsen - The Danish Tax Agency. Provides rules and guidance on inheritance tax, valuations, and reporting.

Domstolsstyrelsen and the Central Register of Wills - The Danish Court Administration maintains the central registry where notarial and registered wills are recorded.

Begravelsesmyndigheden - The local parish authority that registers deaths and coordinates with funeral directors and the civil registry.

Udbetaling Danmark - Handles certain public benefits, including funeral grants where applicable.

Advokatsamfundet and Danske Advokater - Professional bodies that can help you find a lawyer with probate experience in the Kalundborg area.

Retsinformation - The official portal for Danish legislation, where you can read the Inheritance Act and the Probate Act.

Next Steps

Organize key documents. Gather the death certificate, any will or marriage agreement, property deeds, bank and investment statements, insurance policies, loan agreements, and business records if relevant.

Identify the estate’s contact person. Expect a letter from the probate court. Confirm who will communicate with the court and choose the appropriate administration form based on the estate’s size, solvency, and the heirs’ agreement.

Secure and list assets. Protect the home, vehicles, and valuables. Prepare a preliminary inventory and note any recurring expenses or direct debits that should be paused.

Do not distribute assets prematurely. Wait for the skifteretsattest and ensure taxes and debts are identified before any distributions to heirs.

Open an estate account. Keep estate funds separate and maintain clear records of payments and receipts for the final estate accounts called boopgørelse.

Consult a probate lawyer if in doubt. This is especially important if there is real estate, a business, cross-border issues, possible insolvency, disagreements among heirs, or questions about uskiftet bo and the forced share rules.

Monitor deadlines. Private administrations usually must submit the final accounts within a set period from the date of death. Ask the court for an extension early if you need more time.

This guide is general information for Kalundborg and surrounding areas. Your situation may differ, so seek tailored legal advice before making binding decisions.