Do you need an estate lawyer?

If you are in a situation - perhaps together with other heirs - where you have to be responsible for the treatment of an estate in connection with the fact that someone you are to inherit from is dead, you will have to decide whether you want what is called a private probate or public shift.

Private probate means that you, as heirs, are responsible for the treatment of the estate. In the event of a public change, you pay an authorized executor to be in charge of the treatment.

The conditions for private change

To select private switch, the following conditions must be met:

• The heirs agree to choose private probate .
• The estate is solvent .
• The deceased has not ruled out the possibility of private probate in his will.
• In addition, one of the heirs, who is of legal age and solvent, must undertake to be the contact person in relation to the probate court - or you can choose to let a lawyer be in charge of the work in connection with the private probate.

Private probate or public probate?

It is especially important whether you choose private or public probate if real estate is included in the estate.

If you are considering a private change, there are some things you need to pay special attention to.

It must be possible to sell the real estate. In the case of a private probate, you must have prepared what is called an estate inventory no later than one year after the death.

But if there is real estate in the estate, and the property is what is legally described as the most important asset in the estate, the property must be sold before you can prepare the estate statement.

The estate inventory must contain the value of the property. Before choosing a private probate, you must therefore carefully consider whether there is a prospect that the property can be sold within a year after the death.

Deadline for submitting the estate statement

No later than 3 months after the deadline for the estate inventory by lawyer, which is one year after the death, you must have submitted the estate inventory to the probate court and SKAT.

If the property is not sold within a year. There are two options if the property has not been sold within a year after the death, and you can therefore not prepare the estate inventory:

Publicly exchanged estates must be completed two years after the death - and thus not one year as in the case of private probate. Therefore, as heirs, you can hand over the estate from private to public probate before the 1-year deadline for private probate has expired. This will require that all the deceased's things and values ​​(assets) must be returned to the estate - if you have distributed or otherwise disposed of the funds - because they must be included in the overall estate statement. In addition, you must pay salary / fees to the trustee.

For the purpose of resale, you, or another heir, may also choose to take over the property for the public appraisal or the appraisal that a real estate agent believes the property can be sold for at the time the estate is terminated. The costs of a subsequent sale cannot be deducted in the estate before the estate tax is calculated. If the property is subsequently sold at a gain, the gain will be taxed if the heirs have not lived in the property while they owned it.

Because if it does not succeed, the funds will, as mentioned, have to be returned to the estate by a public transfer.

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