Inheritance after a death in Denmark
Denmark is not bound by the EU Succession Regulation. Which court handles the estate and which law applies are decided by the national rules of Denmark and of any other country involved, so the answer depends on where the deceased lived and where the assets are.
Describe your caseQuick answers
- Is the estate always handled in Denmark because the death happened there?
- Not necessarily. Denmark applies its own national rules; the decisive factors are usually the deceased's residence and where the assets are.
- Can a non-EU citizen choose their own country's law?
- The EU Regulation's choice of law does not apply in Denmark; whether a choice in a will is respected depends on its national rules.
- Can I refuse an inheritance with debts?
- Yes, heirs can generally refuse an inheritance, but deadlines and form differ by country. Act quickly and ask a lawyer before taking over any assets.
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Legal Context
Denmark and Ireland are not bound by the EU Succession Regulation (EU) No 650/2012. For an estate connected with Denmark, jurisdiction and the applicable law follow the national private-international-law rules of Denmark and of the other states involved, and the European Certificate of Succession is not issued or recognised there under the Regulation. Where the deceased lived in another EU member state, that state's courts may still apply the Regulation to the estate as a whole.
When to Contact a Lawyer
A lawyer helps establish which court and which law govern the estate, deadlines to accept or refuse the inheritance, and how to transfer property or bank accounts in Denmark, especially when assets are in several countries.
Documents to Prepare
- Death certificate
- Evidence of the deceased's last habitual residence
- Will, if any
- Evidence of your relationship to the deceased
- Overview of assets and debts in each country