1. Introduction
When a person with Danish citizenship passes away abroad, the question arises: Which country has jurisdiction to handle the estate? This depends on the rules on probate.
In this article, we review the rules in the probate law and EU inheritance regulation, and how wills and choice of law affect the case.
2. Danish probate in inheritance cases
According to probate law § 2, Danish probate requires a connection to Denmark
- Assets in Denmark (e.g. property, bank accounts)
- Previous residence in Denmark
- Other strong connections to the country
Heirs' residence in Denmark is not sufficient to obtain Danish probate.
3. EU inheritance regulation
According to EU regulation 650/2012 , the country where the deceased had habitual residence has jurisdiction (article 4).
Exception: If the deceased has chosen Danish inheritance law in the will, the heirs can unanimously choose Danish probate (article 5).
4. Possibility of Danish probate with foreign residence
Danish probate court can accept the case if:
- The deceased has chosen Danish inheritance law
- All heirs agree
- There is sufficient connection to Denmark
Without these conditions, the case will be handled in the country where the deceased lived.
5. Probate and choice of law
Choosing Danish inheritance law in the will does not mean that the case is automatically handled in Denmark – only that Danish law is applied.
The Spanish court can e.g. apply Danish inheritance law, but handle the estate in Spain.
6. Invalid probate choice
A probate choice must follow both the EU regulation (article 5) and the probate law.
If Danish probate is chosen without connection to Denmark, the Danish probate court can reject the case.
In that case, the estate will be handled in the relevant foreign country, but with the chosen choice of law (e.g. Danish law) if valid.
7. Conclusion
- Danish probate court requires real connection to Denmark.
- Choice of law and heirs' agreement can give access to Danish probate – but not alone.
- A will should be prepared with legal advice to ensure validity.
Do you need help with an international inheritance case? Contact us – we have years of experience with cross-border inheritance law for both Danes and foreigners.
