When a person dies, the bereaved are left not only with grief, but also with a number of practical and legal tasks. Administering an estate can quickly feel overwhelming: What needs to be done first? Who is responsible? What deadlines apply? And how do you ensure everything is handled correctly and fairly among the heirs?
At klausgardenielsen.dk, the focus is on providing safe and understandable assistance throughout the entire process — from the first contact with the probate court until the estate is finally closed. Below is an overview of what administering an estate involves, and how professional advice can make a decisive difference.
What is an estate?
An estate is the total assets and debts that the deceased leaves behind. This may include:
- Real estate (house, apartment, holiday home)
- Household contents and personal effects
- Bank accounts, pensions and insurance policies
- Cars, securities and other valuables
- Debt to banks, the public sector or private creditors
The purpose of administering the estate is to determine what assets and liabilities exist, settle taxes and duties, and finally distribute any surplus to the heirs according to the law or the deceased's will.
First step: Contact with the probate court
When a person dies, the probate court is automatically notified. The court contacts the nearest relatives — typically the spouse or children — and invites them to a meeting or sends written information about the options for administering the estate.
Already at this stage, legal assistance can be a great advantage:
- Clarification of estate type: Should the estate be administered as an undivided estate, simplified private settlement, ordinary private settlement or administrator-managed estate?
- Assessment of finances: Is there prospect of a surplus, or is there a risk of insolvency?
- Guidance on rights and obligations: What does it involve to be an estate administrator or responsible heir in a privately settled estate?
Early and thorough clarification reduces the risk of mistakes that can later have both financial and personal consequences.
Choosing an estate type — what suits your situation?
The choice of estate type is one of the most important decisions at the beginning of estate administration. The most common options are:
Undivided estate
If the deceased leaves a spouse, the surviving spouse may in some cases choose to remain in an undivided estate. This means that the inheritance from the deceased is not divided now, but only when the surviving spouse dies or chooses to settle.
Advice here can help with:
- Assessment of whether the conditions for an undivided estate are met
- Consequences regarding children from a previous relationship, marital property and separate property
- Overview of tax and financial implications
Private settlement
In a private settlement, the heirs themselves administer the estate. This can be a smooth solution when the heirs agree and the estate is relatively straightforward.
Professional assistance may include:
- Preparation of opening status and estate accounts
- Advice on sale of property and distribution of household contents
- Calculation of estate duty and handling of tax matters
- Ongoing support so heirs do not overlook important deadlines or rules
Administrator-managed estate
In cases of disagreement, complex financial circumstances or insolvent estates, the probate court may decide that the estate should be administrator-managed, where a professional estate administrator takes over the administration.
The focus will typically be on:
- Ensuring that all creditors and heirs are treated correctly
- Transparent realisation of assets and settlement of debt
- Clear reports to the probate court and the parties involved
Overview of the estate administration process
Although every estate is different, the process often goes through a number of typical phases:
- Initial meeting and overview: Mapping of family and inheritance circumstances, will, marriage settlement agreements and finances.
- Registration and securing of assets: Review of bank accounts, properties, insurance policies, debts and other assets. Securing valuables so nothing disappears or deteriorates.
- Contact with authorities and partners: Dialogue with the probate court, banks, pension companies, the tax authority, mortgage institutions, etc.
- Valuation and possible sale of assets: Obtaining valuations of real estate, car, household contents, etc. Advice on when sale is advisable — both legally and financially.
- Preparation of estate accounts: Statement of the estate's assets and liabilities, calculation of estate duty and distribution to heirs. The estate accounts are submitted to the probate court for approval.
- Distribution and closure: Once the probate court has approved the estate accounts, the inheritance can be paid out and the estate formally closed.
Throughout all these phases, qualified assistance can ease the pressure on the bereaved and ensure everything is handled correctly.
Why seek professional assistance with estate administration?
Many heirs start out thinking they can "just handle it themselves". But in practice, there is often a long list of legal and tax pitfalls that can be costly — both financially and personally.
Some of the most obvious reasons to seek advice are:
- Complex family circumstances: Children from a previous relationship, blended families, former spouses and unmarried cohabitants can make the distribution of inheritance far more complicated.
- Will and marriage settlement agreements: An existing will or marriage settlement agreement can change the statutory order of inheritance. This often requires professional insight to interpret and apply correctly.
- Real estate and businesses: Inheritance involving property, agriculture or business typically raises questions about valuation, tax, financing and possibly continued operation.
- Risk of disagreement among heirs: Even in good families, grief and finances can create tensions. An external, professional advisor can help ensure an objective and fair process.
- Deadlines and formal requirements: The probate court and tax authority have a number of requirements for documentation, accounts and deadlines. If these are overlooked, it can result in extra work, fines or unnecessary tax.
What can we specifically help with?
Assistance and advice on estate administration at klausgardenielsen.dk may include:
- Initial advice and clarification: A thorough review of your situation so you get an overview of options, risks and recommended estate type.
- Communication with the probate court: Help with completing and submitting necessary forms and applications, including choice of estate type and any application for undivided estate.
- Mapping of estate assets and debts: Obtaining bank statements, balances, insurance information, pension details, debt items and other relevant information.
- Preparation of opening status and estate accounts: Correct registration and legally sound settlement of the estate, including calculation of estate duty and any additional estate duty.
- Advice on sale and distribution: Help deciding which assets should be sold and which can be taken over by heirs — including guidance on valuation and tax.
- Handling of disagreements: Mediation and legal assistance if disagreements arise among heirs about distribution, interpretation of a will or other matters.
- Closing formalities: Ensuring the estate is closed correctly and that all necessary documents are submitted and approved.
Human focus — not just law and numbers
Administering an estate is not only about paragraphs, accounts and forms. It is first and foremost about people in grief who must make decisions in a difficult time.
Therefore, emphasis is placed on:
- Clear and understandable communication: Complex legal questions are explained in language everyone can follow, so you know what is happening — and why.
- Accessibility and reassurance: You get a dedicated contact person who knows the case and whom you can turn to with questions and concerns along the way.
- Respect for wishes and values: Beyond the legal requirements, the wishes of the deceased and the heirs are respected where the legislation allows.
When you are faced with an estate — what is the next step?
If you are in the midst of a bereavement and are unsure how to proceed with the estate, the most important thing is not to feel that you have to do it all yourself. A single, no-obligation advisory meeting can quickly provide:
- Overview of the expected size and complexity of the estate
- Clarity on whether private settlement is realistic and advisable
- Insight into which tasks you can handle yourself, and where it is wise to get professional help
At klausgardenielsen.dk, the goal is to give you both the legal security and the human peace of mind needed to get through one of life's most demanding periods. With competent assistance in administering the estate, you can focus more on what matters most: saying goodbye and taking care of yourself and your family.