Small Estate Affidavit Template for Denmark

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Small Estate Affidavit

Document background

The Small Estate Affidavit is a crucial document in Danish estate administration, designed to streamline the process of handling estates that fall below certain value thresholds. This document becomes relevant when an individual passes away leaving an estate that qualifies for simplified administration under Danish law. It serves as a sworn statement containing comprehensive information about the deceased's assets, debts, and legal heirs, enabling the transfer of property without the need for formal probate proceedings. The affidavit must comply with the Danish Administration of Estates Act (Dødsboskifteloven) and be submitted to the local probate court (Skifteretten). This simplified procedure helps reduce time, costs, and administrative burden for eligible estates, while ensuring proper legal documentation and protection for all parties involved.

Suggested Sections

1. Declarant Information: Details of the person making the affidavit, including full name, address, and relationship to the deceased

2. Deceased Information: Full details of the deceased person, including name, last address, date of death, and CPR number (Danish personal identification number)

3. Estate Qualification Statement: Declaration that the estate qualifies as a small estate under Danish law, including the total estimated value of assets

4. List of Assets: Detailed inventory of all known assets belonging to the deceased at the time of death, including bank accounts, vehicles, and personal property

5. List of Known Debts: Enumeration of all known debts and liabilities of the deceased

6. Heir Information: Names, addresses, and relationships of all legal heirs according to Danish inheritance law

7. Distribution Plan: Proposed plan for distribution of assets among heirs according to Danish inheritance law

8. Declarant's Sworn Statement: Formal sworn statement confirming the truth and accuracy of all information provided

9. Signature Section: Space for declarant's signature, date, and witness or notary attestation as required by Danish law

Optional Sections

1. Will Reference: Section referring to any existing will or testament, used only if the deceased left a valid will

2. Marriage Certificate Reference: Required only if the deceased was married at the time of death

3. Foreign Assets Declaration: Required if the deceased owned any assets outside of Denmark

4. Previous Estate Proceedings: Required if any previous estate proceedings were initiated or completed

5. Power of Attorney: Required if the declarant is acting on behalf of other heirs

6. Minor Heirs Statement: Required if any of the heirs are minors or under guardianship

Suggested Schedules

1. Schedule A - Asset Valuation Reports: Detailed valuations of significant assets, if required

2. Schedule B - Death Certificate: Certified copy of the death certificate

3. Schedule C - Supporting Documents: Copies of bank statements, property deeds, or other relevant asset documentation

4. Schedule D - Heir Consent Forms: Signed consent forms from all heirs agreeing to the small estate procedure

5. Schedule E - Tax Clearance: Documentation showing any required tax clearances or calculations

Authors

Relevant legal definitions

Clauses

Declaration of Authority
Identity and Capacity
Estate Qualification
Asset Declaration
Liability Declaration
Heir Identification
Distribution Declaration
Tax Declaration
Prior Proceedings Declaration
Foreign Assets Declaration
Will Attestation
Marital Status Declaration
Guardianship Declaration
Truth and Accuracy Declaration
Indemnification Declaration
Witness Attestation
Notarial Certification

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